Any person who performs a job should be competent in his or her respective field. When it comes to armed law enforcement officers interacting with an oftentimes illicit or unsupportive public their competence takes on the level of life and death severity. It is for this reason that we must demand a higher level of competence than we would for a sales clerk or school instructor. Clearly it should be closer to that of a brain surgeon.
Maintaining the rule of law does not just require competence on the part of the law enforcement officers. Fundamental to such is also respect. Respect by the officers towards the public and reciprocated respect by the public.
I intentionally say that the public has a duty to reciprocate the respect because I contend that the burden first lies with law enforcement to be respectful to the public. The members of the public are the class upon which rules are imposed. As such, law enforcement can demand compliance with the law but they must earn the respect. Paramount to earning the respect, law enforcement officers must appreciate that they may be burdening the people with whom they are engaged. They may be trying to impose a stricture which goes against a fundamental nature or base emotional response. Therefore, they should attempt such in the least burdensome way but must be correct that their imposition is lawful.
I have been on all sides of the law. I have written them. I have been in court defending people accused of crimes. I have given statements or evidence to help convict people accused of crimes. I wrote the appeal brief which was the basis for the case law that gives people the right to free legal counsel in certain civil cases, I have been in prison and jail numerous times, and I have been in the police car prodding an officer to make a traffic stop. I even saw four officers around the entrance to a building cellar, hands on guns or drawn, thinking a suspect was in the building. I knew the layout of the building and could navigate it in the dark so I was the one who went in. The suspect was not in the building.
There is a standard that I have told my law enforcement friends. That is, don’t cut me any slack. Enforce the law against me no more but no less than you would anyone else. Likewise, if I see you do wrong I will not hesitate to report that. To do anything else would be unethical.
Yesterday I had an encounter with a police officer that so offended my very nature that I will not rest until he is removed. I am still experiencing somewhat of a Twilight Zone effect. Did this really happen?
The facts of this Probable Cause Affidavit detail the circumstances of the encounter. Please read that before continuing.
I can’t recall anytime in my life when I have seen such contempt for law enforcement. Although I didn’t live through the sixties some pop culture portrayals seem to convey a great disdain for authority generally and law enforcement officers particularly. However, I think some of that may have been artistic license used for dramatic effect.
I further stated, “This officer, through his ignorance and arrogance put the LIVES of all law enforcement officers AT RISK.”
I arrive at that conclusion based upon the perceptions that people develop when they see an officer overstepping his authority by trying to enforce a non-existent law. Plus, being disrespectful. When police are seen as “making it up as they go along” or, as we say in the legal community, acting arbitrarily and with caprice then there can be no sense that the officer is acting for the benefit of society. He is rogue.
I further stated, “There can be no acceptance of this type of behaviour as it erodes confidence in the police agency, police officers in general, and the rule of law. This type of behaviour does nothing but escalate the “us” and “them” perception and the destruction which follows.”
Psychologically when people organize themselves into “in” and “out” groups mistrust, tension, and violence can occur. If the public at-large cannot trust that a law enforcement officer knows the law, will enforce the law uniformly, and will treat them with respect then they cannot have respect for the law. They may then be unwilling to obey any officer’s commands. The tension between officers and civilians may escalate and possibly turn violent. That cannot be good for anyone involved.
My confidence in law enforcement was shaken yesterday. However, I have great relationships with current and former law enforcement officers. Tomorrow I will be just as apt to jump in and help any officer being attacked as I would have two days ago, which is likely without hesitation. I know it could jeopardize my life but I also know I would do it. I would never want to assist an officer in subduing a person who may be fighting for his rights though. That is why it is incumbent upon all police officers to ensure that they are correct about the law and to clean their own house when they find officers acting wantonly or capriciously. Too many lives are at stake to do otherwise.
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