Iowa man files lawsuit after being arrested twice for criticizing the police
reason.com
reason.com
[0]https://www.nbcnews.com/politics/supreme-court/supreme-court...
[1]https://www.supremecourt.gov/DocketPDF/22/22-293/242292/2022...
The police in Novak v. Parma were executing search and arrest warrants [1]. There was no judicial oversight in this case.
Also, Novak established (EDIT: reaffirmed) "protected speech cannot serve as the basis for probable cause." The court was unclear "whether [his] actions—deleting comments that made clear the page was fake and reposting the Department’s warning message—[were] protected speech." Very different from reading a prepared statement at a city council meeting [2].
[1] https://cases.justia.com/federal/appellate-courts/ca6/21-329...
[2] https://ij.org/wp-content/uploads/2023/10/ECF-No.-1-Complain...
The important part is the use of protected speech as probable cause to seek the warrant. If officers are shielded from accountability for illegally using protected speech as a basis for probable cause, then the lack of a warrant doesn't help Petersen.
> Novak established "protected speech cannot serve as the basis for probable cause."
It did not establish this; this was long standing case law, as the opinion points out. What it established was that police have qualified immunity from being sued for illegally using protected speech as probable cause if 'judges could “reasonably disagree”' about whether or not the speech is protected. In this case, if the PD can convince a judge that there was any room at all for 'reasonable disagreement' about whether or not a council rule that prohibits "derogatory statements or comments about any individual" is unconstitutional, then the PD will get let off the hook, even if the speech ends up being unambiguously protected. All that is needed is the 'reasonable disagreement' to immunize the officers, even if the conclusion is foregone.
Sure. But Novak didn't just speak. He also moderated comments, et cetera, in a way that made the court unsure if he was solely participating in protected speech. That ambiguity doesn't exist here.
> this was long standing case law
Sorry, I should have said reaffirmed.
> then the PD will get let off the hook
The mayor ordered the police to arrest Petersen. There might be disagreement as to the police officer's liability. But the ambiguity around whether there was an "order" (per Pembaur) authorizing action isn't there. The municipal liability is just much clearer.
One more thing: Novak didn't seek to overturn the Ohio law that "makes it illegal to use a computer to disrupt or impair police functions." In this case, the town's law is itself being challenged. Again, much clearer.
The bar is much lower than whether or not the court thinks the speech is protected or not. The court could unambiguously believe the rule is unconstitutional and the speech was protected, but if they believe there's any room at all for 'reasonable disagreement' on the matter among other judges, then the officers and officials get immunized.
> The municipal liability is just much clearer.
This would be nice, assuming courts agree, but until officers and officials start getting held personally liable for these events, they will never stop happening. If the PD and officials are shielded from liability but the municipality isn't, then all that happens is that taxpayers will continue to pick up the tab for police misconduct.
> In this case, the town's law is itself being challenged. Again, much clearer.
Well, he's seeking damages from the mayor, officers, and municipality first and foremost; the council rule has actually already been removed. I hope you're right that he might get something from the municipality, but I doubt he'll get anything from the mayor or PD.
Sure. And given the officers consulted the "City’s Law Director and the judges who issued the warrants," there was evidence of that disagreement. There were no similar consultations in Petersen's case.
> until officers and officials start getting held personally liable for these events, they will never stop happening
I don't believe there is evidence for this. Municipalities vigorously defend themselves for a reason. Yes, in large systems, the cost gets baked in--but Newton isn't a big nor rich town.
> he might get something from the municipality, but I doubt he'll get anything from the mayor or PD
I agree. And I think that could even be fair, especially if the mayor and cop thought they were acting according to the law. The law they relied on didn't come out of nowhere, after all.
In the end, if the only thing that comes out of this is the non-disparagement rule being struck down, I think that's a win. (I generally believe we need qualified immunity reform. But that needs to happen through statute.)
Based on the CiC. v. Husted opinion that the judges cited in Novak, the officers don't need to consult anybody or be aware of a disagreement; there just needs to be the possibility of one, the argument being that we shouldn't hold public officals to a higher standard than judges, so if judges could disagree about the constitutionality of sonething then the officials should be able to as well. This seems like a comically low bar to me that could easily be met here.
> Municipalities vigorously defend themselves for a reason.
Of course they'll defend themselves vigorously in court, but will it change the behavior of the officers and officials in question if they're shielded from liability? I doubt it, though I hope I'm wrong.
> And I think that could even be fair, especially if the mayor and cop thought they were acting according to the law. The law they relied on didn't come out of nowhere, after all.
Well, I suppose if you think that, then you agree about the liklihood of qualified immunity getting applied here. But I can't imagine that the mayor or police believed this rule was constitutional, and I think that shows in their rapid and discrete removal of the rule following Petersen's acquittal.
> the city council delegated authority to the mayor. For instance, if the mayor thought a comment or question was “derogatory,” the mayor could enforce the city’s policy however he saw fit . . . Conversely, if someone else thought a comment or question was “derogatory,” but not the mayor, nothing would happen.
The mayor doesn't get to define statutory law, though.
Leaving aside "was this comment a problem or not", stopping someone from speaking at a council meeting is one thing, "and then having them arrested for disorderly conduct" is quite another.
In most (I'd venture the very very vast majority) of cities, the Mayor is not in the PD chain of command. In fact, generally, the Mayor is a largely ceremonial and strategic role, and if anything, I'd expect the City Operations Manager to be the one.
In fact, here (Washington state), during a lot of the BLM protests and the "take a knee" stance, there was coverage of our Mayor asking the Sheriff to take a knee with her during a protest. He refused. The Mayor also asked the Sheriff (who is considered the senior LEO in the county, for all agencies other than state/federal) to withdraw officers into the City offices as a show of de-escalation, etc. He also declined.
Apropos of anything else, I can't see how that would be a valid order, anyway. It doesn't free anyone from the need for probable cause, for a start. "Officer, what was your cause for arresting this man?" "Well, the mayor ordered me to."
Related ruling from earlier this year:
https://statecourtreport.org/our-work/analysis-opinion/iowa-...
The body cam footage is infuriating: https://www.kcci.com/article/watch-newton-man-says-police-wr...
* the officer did not beat the suspect
* he used polite language
* nothing untoward seems to have happened
Note: I am referring to the "body cam footage", as you indicated, not the news report itself, or the overall circumstances.
The circumstances I can understand generation of fury. Just not the footage taken by itself.
The officer sticking to his original, faulty and increasingly untenable hypothesis is frustrating to watch--it's stupidity and stubbornness from a position of power.
Wow, we’ve really set the bar for law enforcement low. “Sure, he’s arresting a guy who obviously hasn’t committed a crime, but it’s not like he beat the guy up.”
Video of the news segment on YouTube:
https://www.youtube.com/watch?v=XLvokfzXjRY
And the body cam footage:
It shouldn't end with the police either. That mayor needs to be voted out next election if not sooner.
Oh, wait, there absolutely is such a thing! That's great!
Except a large number (majority, even) of police unions around the country have it written into their CBA that this register cannot be used for hiring decisions... Well, shit.
We need structurally different institutions to play their role.
Institutional restructuring is the solution, not private stockpiles of ordnance
Erica Chenoweth did a fascinating quantitative study of this a number of years ago. Kinetic strategies faired markedly poorer than collaborative reform efforts. https://cup.columbia.edu/book/why-civil-resistance-works/978...
I remember reading something from a UCLA military science guy who approached it another way and independently came to the same conclusion. I forget the name. He also did propaganda and disinformation studies. Can't seem to find him. Maybe it's like UCL and I'm misremembering something foundational.
It continues to fascinate me that people have already forgotten, or never heard, the stories of the foundations of the country. We asked the existing government multiple times to allow us to handle ourselves, and give us more autonomy. They outright said no. And what was one of their first actions in response? Go take the plebs' guns. Now, if controlling the arms, ordnance, and munitions isn't important, why is that?
And no, our government being a republic rather than a monarchy does not make this time any different than the last. It should be evident by now that all it does is slow down the inevitable, and prevent us from pointing the finger at any one specific person. Which is to say, it'll be even harder this time. And that is not an excuse to give us less advantages. It is a reason we need more, or our future generations are more doomed than we already have allowed ourselves to be.
You can't transpose the context of colonial america to contemporary life. Even nearly 200 year old inventions like the gatling gun, professional policing, penny press, telegraph and car dilute the predictive power of conflict analysis of the 1700s to apply it to the 21st century. Yet alone say, apache helicopters and SAMs.
> And what was one of their first actions in response? Go take the plebs' guns.
The volumes that chronicle these histories are deeply ahistorical. Every one I've seen is actually about arming favored groups and disarming unfavored ones.
It's not about taking away guns, it's about making them plentiful for a group driven by fear and anger and making them scarce for the designated scapegoat.
Unless you think AR-15s and ammunition for homeless, pedophiles, illegal immigrants, and woke mobs is part of your strategy, you are in effect, doing exactly what you are accusing these other societies of doing because you are inherently carving out a group that should and a group that should not have access to guns - which is precisely what all those historical groups did.
If you're a US citizen, you have a right to keep and bear arms. That is my only "carve out". Homeless, poor, gay, vegan, etc. all count. Yes, illegal immigrants are a carve out. They are not US citizens, and they therefore don't enjoy full protection of the law here. Well, shouldn't. Get your citizenship and I don't care anymore. This used to be a given before the globalist agenda.
Right. For the Nazis, the often go-to for the gun grabbing argument, this was the reich citizenship law of 1935.
By clamping down on citizenship definitions and who's allowed to have papers, they did the carve out
That's the exact strategy they took - right to bear arms was reserved for reich citizens.
Since armed Choctaw rebellions and plantation slave uprisings are of course still a very legitimate concern buying assault rifles at the gun store should be a sacrosanct holy right. We certainly don't want another Haitian revolution on our hands.
Also, I never said you'd survive such a scenario. Not everyone survived the first revolution. Did that make it a bad idea?
Also x2, why do people I speak to about this always get the impression that everyone in the military will unanimously agree that drone striking and nuking its land, resources, and people is a beneficial strategy? Not to mention the immorality of it. There will be splintering. It will be civil war. There's a great chance there will be two US armies, two presidents, etc. when the time comes.
Because we are thinking about randoms with guns and other weaponry, not organized rebellion/treason a la the Confederacy.
edit: wouldn't, in the case of such a massive organized rebellion, engaging in even more brutal and aggressive tactics actually make more sense? The stakes are much higher in that scenario, and wouldn't the United States want to decimate the enemy's supply, etc., as it partly did during the original Civil War?
Separate but related, I'm actually sort of sad about the "defund the police" movement. While it's catchy, it's pretty unhelpful. We don't need less funds, we need different use of funds. Deescalation training would be a massive one.
The funds should quite literally be taken from the police and given to other organizations, even newly-created ones, that do not suffer from the baggage and the history of the police.
My understanding is that police reform is impossible because the system is so corrupt there's no way to make it happen. I've seen many accounts of the good cops quitting because they got harassed out.
Perhaps we should instead focus on messaging for "are the police above the law?" and if not what does that look like? And "why should taxpayers pay for police fuck ups?"
I dunno, just tossing stuff out there. But it's clear that policing is broken and needs fixing, and that won't happen until there's enough unity in wanting to see it happen.
There are examples of successful police reforms [1]. In egregious cases, forces have been entirely disbanded and rebuilt [2].
[1] https://www.nytimes.com/2020/06/05/briefing/george-floyd-buf...
[2] https://www.nbcnewyork.com/news/local/how-defunding-the-poli...
"Reform"? You mean spend billions more on training so they can ignore all the criticisms levied at the institution? By any metric defund" is bad, reform is worse. Unless the goal is to change nothing of course, in which case "reform" is clearly preferable.
God forbid we agree on any kind of concrete, measurable policy goal....
Alas, "Defund the Police" is a much catchier headline than "Redistribute funding to better provide for necessary social services"
Catchier but also misleading. It's allowed certain media to push the narrative that everyone supporting "Defund the Police" wants to eliminate police entirely and that lie resonates very strongly with the fearful people being manipulated.
As a slogan, it's probably done more harm than good to its cause.
It's a constant problem for libs. What's the last liberal slogan you can remember that was catchy and that didn't completely backfire or get twisted?
That doesn't happen to conservative slogans.
I don't have a dog in that fight. I'm just an observer. It's "funny" like a dad joke to me by now, though.
No, its not. Its a problem for progressives. But mostly that's because, in the US, progressives are stuck (to have any meaningful impact at all) in a big-tent party with liberals, who actually oppose most progressive policy goals and methods, and align with conservatives in undermining them most of the time, except when they decide to tolerate them to get support for a liberal goal against conservative opposition.
It's a fairly big practical difference between the right-to-further-right coalition in the GOP vs. the center-right-to-center-left coalition in the Democratic Party that the main factional differences in the former coalition are matters of degree and those in the latter are of opposing ideological principles.
Because it has nothing to do with slogans themselves. It has to do with double standards whereas whatever conservatives do is always interpreted in the most favorable way and what libs do in the least favorable way.
They've had their moments too. "Read my lips: no new taxes","Whip inflation now","Lock Her Up","Strong and stable","In your heart, you know he's right", "Drill, baby, drill"
Cops don't necessarily need to be trained in all these things, because cops suck up so much funding to deal with the few cases they might actually be necessary (gang shootout, protest security, armed robbery, etc), and one official can only be reliably trained in so many things. They just need to not be sent for these non-violent cases in favor of specialized unarmed social workers.
Having every officer primed to be a para military kill machine is exactly the wrong approach.
You're in agreement with the original core "defund the police" groups when you want first responders to be trained to de-escalate mental health crisis situations, they want the same if not more money in public facing response, but a whole lot less going to the haress the public we view as bad divisions.
https://news.gallup.com/poll/264932/percentage-americans-own...
I agree that there’s a steel-manned version of the original statement which is valid. You’re definitely getting a lot closer to it. I mean we can keep splitting hairs (I own guns, but only for sport not defense, I never carry, and they're stored field stripped with uppers and lowers in two separate safes and all ammunition in a third safe in a separate room). But of course after additional back-forth we’ll reach a point where we all eventually mostly agree with the intended sentiment of the GP’s comment.
I just thought it was important to clarify to the audience that the “average” american is not, in fact, armed with a firearm.
> Thirty-two percent of U.S. adults say they personally own a gun, while a larger percentage, 44%, report living in a gun household
If my wife owns a gun and I "don't," we both still have access to firearms. 44% of households have a similar dynamic. The American population is more armed than Europe. And it is close to half the population. I'm not making a value judgement. I own guns. Multiple of them. I guess I'm not sure what your point was. Mine is saying that nearly half of all households have a firearm.
> Sadly the people they confront in those european countries are significantly less armed than your average american.
Assuming that some reasonable percentage of "confrontations" occur outside the home, if you're being confronted while commuting to work, it's not always relevant that your wife owns a gun. It only matters whether you personally own & carry.
> Not sure your point. > I guess I'm not sure what your point was.
I've honestly been doing a pretty solid job being intentional and respectful to all views here. I don't think it's much intellectual work to try to do the best you can at imagining some reasonable point that can be made with the "32%" statistic and acknowledging some of those likely "points" in your post. It would feel much less dismissive, and show that you at least tried to figure out some points that I might be making while maybe still asking for clarification or confirmation. It demonstrates intellectual honesty.
> Sadly the people they confront in those european countries are significantly less armed than your average american.
Basically, we can all readily accept that police are definitely more likely to interact with an armed citizen in the USA vs. the EU.
There is no way all these police officers are all fit to carry a gun.
I work for a Fire Department. Have seen first-hand the vehement push back both fire and police unions have had when departments/cities have suggested that the CPAT (candidate physical ability test) used at hiring time become an annual requirement.
I know of two firefighters who were rejected from multiple police departments, with at least one being explicitly because they failed the psych assessment...
Yes, but most G20 countries also don't have a population armed to the teeth with military-grade weaponry, and who believe in insane conspiracy theories about Bill Gates microchips in vaccines and Jewish space lasers.
The US is unique, however, in that the police receive generally much less training than in other G20 countries.
The bit that many seem to overlook is that the US police are being called out for all manner of first response calls and traffic management that are essentially equivilant to fire and ambulance calls, the strategy should be to investigate the issue and then bring in the heavy handed response if required.
There seems to be a very general blinkered view that is unable to break out of the "this is how we've always done it, there is no better way".
As "the police" are so strongly identified with violence the best interpretation of "defund the police" is to break out "incidence response | community assistance" away from "armed thuggery" and work to get some respect back from the broader public.
As a firefighter, please, no. And as someone who educates future EMTs and paramedics, I've taken to telling students that if you think you need to be armed to do this job or to "deal" with some of your patients, it may be a clue that you may be dealing with compassion fatigue, burnout or PTSD. Certainly not the only reason, to be clear - we are often in less than ideal situations with less than ideal patients, but that's what you sign up for.
In our county (not known for high crime) we are issued ballistic vests but they're not worn on every call (and when we expect to have to wear them for a call, there's additional resources sent), and there are other "rules" - we have to wear our bunker (structural firefighting) pants, and our helmets, and our vests have "FIRE" printed in large white letters, because our management is adamant about doing everything possible from differentiating Fire/EMS on a scene like that from being confused with LE, for all manner of reasons.
Citizens are armed and that complicates things. But there are still two different tasks being done, one is supporting the community on a local level, and the other is exceptional uses of force to apply law. You shouldn't have the same forces doing both, which is more like how police were prior 9/11, if I had to put a date on it.
The reality is that we managed to create a social mechanism that's beyond our ability to control and that alone means we aren't ready to employ it. We have to understand our natural limits as a species and come to terms that having police is beyond them. There's no shame in that. In fact, that's the most mature outcome.
There are specialist armed officers to respond to serious incidents, terrorism, guarding public buildings etc. In my view these are becoming far too common and visible.
Tasers were brought in with the excuse that they would replace the need for guns and reduce how many officers would carry guns. Tasers would, as argued when they were introduced, only be used by specialists in cases where previously they would have to use lethal force.
And yet here we are ~20 years later and tasers have started to become part of a routine carry.
In Q2 2018, Avon and Somerset police record 1 use of taser for the whole quarter.
In 2022, they recorded between 80 and 120 uses of taser per month. Although I suspect "use" in the 2023 report may be drawn not fired, the Q2 2021 reports 230 uses of taser with 51 firings, so applying a similar ratio is still an escalation of 100x over a few years.
Statistics from their "use of force" reports: https://www.avonandsomerset.police.uk/about/our-priorities/u...
But I did have a very interesting conversation with a Met Police Officer while he was escorting me to hospital. He pointed out that without the Taser, his only other option was his baton. He frequently used the threat of the Taser to deal with situations where he would be forced to use a baton instead, and noted most of the simply the threat of a Taser was enough to get people to reconsider their actions, and accept arrest more peacefully.
Obviously there are places where the presence of Tasers have resulting an increase an escalation which wouldn’t have otherwise, and no doubt there are some officers that abuse their Tasers, but I don’t removing Tasers would be a clear cut improvement. But I would be in favour of more technical controls (automatic logging of a Taser being upholstered, automatic trigging of body-worn cameras, simple method for the public to request footage etc) to prevent abuses.
Edit:
> In Q2 2018, Avon and Somerset police record 1 use of taser for the whole quarter.
I would be very careful reading this data. Looking through what’s available it’s clear to me something significant changed in either police behaviour or, more likely, data collection.
According to the data, Tasers were used only 15 times in 2018/2019 Q4, but in 2019/2020 Q1 usage shot up to 201. They were fired 0 times in 2018/2019 Q4 and fired 30 times in 2019/2020 Q1.
Additionally “tactical communication” was used 1,865 times in 2018/2019 Q4, but only 515 times in 2019/2020 Q1.
So either the Avon and Somerset Police got a lot less talkative, and lot more trigger happy after the 2019 easter holiday, or the 2018/2019 data was collected using a different methodology, and appears to be wildly inaccurate. If we exclude the 2018/2019 data, the increase in Taser usage is still there, but it’s not a 100X increase, more like a 10X increase. Not great I agree, but still an order of magnitude lower than your original analysis.
Unfortunately the best source I have is a vague memory of some tv documentary. Some light searching didn’t come up with much[1] but digging a little deeper I found mentions of a few external sources than can enable the BWCs in the Axon documentation[2].
[1] https://touch.policeoracle.com/news/article.cfm?id=88715 [2] https://my.axon.com/s/article/Signal-Configuration
> The term can also be used to describe a stockless handgun-style submachine gun. The term is a calque of Maschinenpistole, the German word for submachine guns.
-- https://en.wikipedia.org/wiki/Machine_pistol
Didn’t realize it wasn’t as widespread as SMG.
There is also an ongoing debate about how policing costs of football matches are funded, given all police forces have seen huge cuts in budgets over the past few years. But equally football matches are much less violent than they used to be, and some question if the police tactics used today are the right approach (police seem to expect the worst, despite evidence suggesting their own tactics might be enabling bad behaviour).
[1] https://www.squirepattonboggs.com/en/insights/publications/2...
You don't need to disarm cops to keep them from escalating unnecessarily; you just to have proper procedures and training.
Perhaps it also helps that cops here are dressed as professionals, with shirts and ties, rather than as paramilitary troopers.
100% it helps! That is how police were dressed in the UK when I was young. They were known as the 'boys in blue'. Now it is all swat team black. If you dress someone as a soldier and equip them as a soldier, we shouldn't be suprised if they act like one.
I told a policemen friend (non uniform) that i didn't like that they moved someone after to black polo shirts. He said it was because sweat made the colour run from the stab vests into their white shirts...
> we shouldn't be suprised if they act like one
I'd love it if cops were held to the same rules of engagement as the military.
You, as a civilian, are expected to remain calm while LE is aggressive and shouting at you.
You, untrained, are expected to remain unafraid with guns pointing at you, but a trained cop can "fear for his life"...
American police officers would never wear a tie. They’d (rightly) fear that someone would try to strangle them with it.
Instead of looking at death, we should look at overall incidents of violence for an honest measure of the danger involved. There are somewhat controversial figures in the civilian world around “Defensive Gun Use,” including non-lethal acts ending possible or would-be violent encounters that, if true, speak to guns leading to less death and injury than the current ~10,000 number we suffer as a nation.
I’ve heard a similar argument that we shouldn’t look at the murder rate as a measure of inner city violence, but attempted murder type charges for the fact that casualty care in hospitals is so much better these days that would-have-been murders are now only attempts.
An interesting stats rabbit hole I have, sadly, not the time to explore.
The vast majority to US police offers will never encounter these situations in their careers. There’s no reason to have every officer armed to teeth just in case they’re blind sided gang violence, or a mass shooting. Besides we also know that most U.S. officers have no interest in responding to types of incidents, preferring to sit it out until someone else comes a deals with their mess.
> American police officers would never wear a tie. They’d (rightly) fear that someone would try to strangle them with it.
That’s why police officers in other countries wear clip-on ties that are specifically designed to breakaway if yanked on. Nobody wears a real tie.
I know you are talking about police in general, not this specific town, but I wanted to make clear that none of those are a daily reality in Newton.
But every police officer in Newton knows that there's nothing stopping a criminal from another state just showing up in town, heavily armed, and robbing a liquor store. Whereas doing that in Japan would be far more difficult.
Heck, when the former president of Japan (Shinzo Abe) was assassinated the shooter used a home-made gun.
Which does nothing at all to imply guns are hard to come by in Japan. I'm sure there are plenty of preppers in the US who make their own firearms.
> Whereas doing that in Japan would be far more difficult.
Why? It looks pretty easy to move around Japan?
There are literally 400 times as many guns per capita in the US compared to Japan.
[1] https://en.wikipedia.org/wiki/Estimated_number_of_civilian_g...
As for "moving around Japan", in case you've never looked at a map, Japan is an island (or more properly, an archipelago). You can't just import guns there. And buying a gun is very difficult and will put you on a first-name basis with the local cops, and even here all you can buy is a hunting rifle or shotgun, and you better have a good reason to own it. Handguns are completely prohibited. The idea that some criminal could just show up in town, heavily armed, is utter fantasy.
The costume changes how people perceive you, the assumptions they make about you, and by extension the way you interact with those people.
And I've seen cops in my local shop wandering up and down the sandwich aisle, packing pistols. Really, if they're on lunch-break, they could just leave the ratchet in their desk (this shop is literally across the road from the station).
Basically, if there are cops with pistols in my local shop, it should be safe to assume they're chasing an armed criminal, and that therefore I should leave not just the shop, but the the whole area.
I complained; complaint rejected without investigation by the Chief Constable (and he was pretty rude about it).
Yeah, I'm not used to seeing coppers packing pistols. I think there was some political march that day, but in this town marches and protests don't turn into riots. And I don't think it's appropriate for gunmen to serve as march stewards.
You can crack a skull with armoured gloves or steel-toed boots until resistance ceases.
You can use any of several body holds like "the sleeper" until resistance ceases.
You can kneel on a neck until resistance ceases.
Plenty of police actions have successfully "de-escalated" and "brought the situation under control" without resort to firearms, even in the USA.
Every department will have different policies, leadership, departments (like SWAT), etc.
I work as a paramedic-firefighter. I've had multiple instances where police "are not our friends". There's far more egregious examples, but even smaller things.
Get called to an obviously mentally disturbed person who is agitated and such. Successfully talk to him over a period of time, calm him down, start a plan for getting him some assistance. There's a couple of police on scene, but they're hanging back. No crime has been committed and this is a medical issue, not a law enforcement issue. Really just there "for our safety". So far so good.
Until along comes another cop, who sees a broken glass in the gutter nearby our patient (who has a couple of minor lacerations on his hand), and comes barreling over to us and shouting and gesticulating at him for breaking the glass, littering, danger to people and potential damage to cars driving/parking there, etc., and asks "why shouldn't I take you to jail after they're done with you?"
Thanks, cop, now my patient is all agitated again and you've undone 20 minutes of my effort trying to help him.
And while the cops hanging back aren't contributing (directly) to the situation, they're obviously visible to said patient, and they definitely have no intention of trying to shut down their fellow officer.
And this is very far from an uncommon occurrence.
It might be worth checking the history there. I read that the anarchists who want to eliminate the police are the origin of the specific phrase "defund the police", and the less "extreme" types are the ones who attempted to expand/dilute the meaning. Saying that the anarchists "use it too" and "adopted it" is, I think, a little unfair.
See also the discussions around r/antiwork a couple of years ago, where the subreddit had been pretty anarchist since its inception, before it suddenly got popular and watered down, and suddenly the original regulars who'd been there for years were being labelled as extremists who didn't fit in and shouldn't even be there.
That seems pretty similar to people interpreting "defund the police" as anything else than "abolish the police in it's current form"
I'm all for police not to be armed in countries where owning guns is not allowed. In the US that proposition sounds crazy though.
But we got to find a way to break this escalatory cycle?
The problem is many Americans will become violent when told by someone they're being too loud. I had a neighbor in college threaten to shoot me once because I complained about their noise. Police can't be expected to run to their car when some nutcase pulls a gun on them. In other countries this might be ok, but in the land of extremist individualism where there's far more guns than people, it's a bad idea.
Very few people will choose to go to prison instead of turning down their music or calming down their guests.
In many situations, you'll be quickly surrounded by large numbers of armed ones looking to shoot back at you, but if they're forced to accept arresting you unharmed, they will...
The problem is for a notable segment of the populace, "disrespect" can be as minor as "looking bemusedly at you" or having the audacity to have a different opinion.
> but ideally you'd have someone qualified responding to noise complaints who could request police backup when needed.
I don’t think you are going to get any takers for that job. “You only are going to get shot at 1% of the time, if you survive you can call for police backup.”
Thanks for elaborating the point, this is exactly what I was trying to get at with the "you go do it then". How are you going to convince people to join the police knowing they'll be going into places where people will be armed but you yourself are not armed and somehow need to enforce the law and project some level of authority if the situation is hairy.
If that were true, unarmed security guards wouldn't exist yet we have no problems finding people willing to do that job.
> I'd rather tell people having parties to turn down their music than confront people breaking into places and committing crimes with nothing but a flashlight and a radio.
You only think that a few times before you realize the first situation will sometimes lead to a lot more trouble than the first.
We aren’t Europe, our murder and violent crime rate are way above them.
A small point, just one that recently ground my gears...
My step-daughter was recently in a collision. Her car and someone else's collided in the middle of a traffic lighted intersection. No intersection cameras, dash cameras, or nearby business security cameras, no witnesses.
Officer, "Did you have a green light?"
Step-daughter: "Yes, I believe so, I was moving with traffic."
Other party: "Yes, I definitely did."
Officer to step-daughter: "I am issuing you with a citation for failure to obey a traffic control device."
On what grounds? The other party was more ... adamant? The other party, who is biased (just as my step-daughter is, to be clear), who is also a potentially liable party?
Thankfully, that got contested and dismissed, but in the process caused a whole slew of insurance-related drama, and then court cases, where the other party attempted to sue her, and because she is a minor, it couldn't be in small claims court, etc., etc.
Government entities don’t generally learn a thing from being sued. The problem is that it’s not their money: it’s the taxpayers’ money, so no pain is felt. This is also the source of many other problems with government.
"Voted out?" You mean "not voted back in" again. During their term officials can do whatever they want and they know it. "We won't re-elect you" is a completely toothless threat.
We spend more on our police force than each country in the world spends on its military, except for ourselves and china. We need less funds.
In just officers per capita the US more or less middle of the pack.
https://en.m.wikipedia.org/wiki/List_of_countries_and_depend...
Sure, you can adjust per capita. I still think it's a fairly shocking statistic—we certainly don't get that value back except as a jobs program.
https://bjs.ojp.gov/sites/g/files/xyckuh236/files/media/docu...
One caveat: That spend metric has a standard error of ~$2.6 trillion. With a T.
(See page 25 in same document for the error table.)
The problem isn't that police have unions, it's that police are allowed to police themselves. If we take that ability away, police unions won't have any say in how officers are investigated or disciplined. The other major problem are the district/state attorneys and judges who refuse (or are unable) to charge police with crimes and hold them accountable.
In practice, it is a call for lots of changes in the US legal/policing system and government responses to requests from residents.
The best enumeration I have seen of these policies is CampaignZero[1]. You may not like their policies (they align with lefty prosecutors/DAs like Chesa Boudin), but they exist and there are specific policy proposals.
And cities don’t learn from what police officers do. Most large cities have city attorneys who are required to clean up the lawsuit messes that the police department makes and larger cities have a city manager that insulates the police department from the political side of city government. Neither the city attorney nor the city manager are responsive to voter demands nor do they have the legal authority to tell the police to do anything differently (except during the labor negotiations phase, when they are almost always outmaneuvered by police union negotiators).
You may not like it, but you don't control what "defund the police" means to everyone. There absolutely are people who mean it different ways, and it's not "willful ignorance", it's just the standard linguistic challenge of using an ambiguous pithy expression which then becomes overloaded as different people try to declare "what it really means."
“Oh what we mean by that is actually the opposite where we want to redistribute funding in different ways blah blah blah”.
And all a critic has to do is “left wing radicals say they want to defund the police”.
I suspect they're rather hard to coin.
But there's a good reason why defund/abolish the police is sticking around - because a significant part of the activists do mean it [1] (ACAB didn't come from nowhere), and the moderate faction that doesn't mean it literally is unwilling to part from the radical faction that does.
Anyone supporting the moderate faction is in a thorny position - do they think the moderates will grow a spine and stand up to the radicals once they've achieved their goals, or will they continue to meekly let the radicals set the agenda?
[1] Yes, We Mean Literally Abolish the Police [..] There is not a single era in United States history in which the police were not a force of violence against black people. Policing in the South emerged from the slave patrols in the 1700 and 1800s that caught and returned runaway slaves. In the North, the first municipal police departments in the mid-1800s helped quash labor strikes and riots against the rich. Everywhere, they have suppressed marginalized populations to protect the status quo. - https://www.nytimes.com/2020/06/12/opinion/sunday/floyd-abol...
But it's not ambiguous. It has a literal meaning, which is zero funding for police. That the activists using it are trying to act smart with Humpty Dumpty wordplay [1] doesn't change its well-established meaning. Especially when related activists get NY Times opinion columns doubling down on that meaning [2].
See how many other movements you can think of, that can make such outrageous claims, only for the journalist class to massage their words and bend the rules of language past their breaking point, to make the movement palatable to the masses.
[1] ’When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’
[2] Yes, We Mean Literally Abolish the Police - https://www.nytimes.com/2020/06/12/opinion/sunday/floyd-abol...
https://www.npr.org/sections/live-updates-protests-for-racia...
are there any notable actual free speech fans?
You seem to be suggesting that "free speech absolutists" don't care about "actual free speech". I'm not sure how you're defining "actual free speech" here, but I'll assume it's state suppression of speech. I can only speak for myself, but personally I am concerned about all suppression of speech. Perhaps where we differ is that I don't really care if it's a mega corp suppressing speech or a government. I don't care if 99% of people disagree with what's being said. I think the fact we culturally compromising our position on free speech today is what gives governments the power to suppress speech. If it's wrong to say something on Facebook, then perhaps its wrong to say it generally?
If I can't call you something derogatory on Facebook, then why should I be able allowed to say derogatory things to the police? If derogatory language is unacceptable, then it's unacceptable. This is the position European countries have now taken on speech because culturally that is now what people want. If people were tolerant of speech as a principle then this would never have happened.
Can you please list some of these people?
https://en.wikipedia.org/wiki/Harvey_Silverglate
https://en.wikipedia.org/wiki/Alan_Charles_Kors
Here's an interview with Silverglate where he discusses being an "absolutist" right in the introduction to the interview (briefly): https://www.youtube.com/watch?v=DgTjSrrf6GQ
Another I just thought of is Nat Hentoff https://www.goodreads.com/book/show/309340.Free_Speech_for_M...
Perhaps a better take than to limit arguing on the point of what is actually 'free speech absolutism' would be to argue that those to whom the OP refers are not actually representatives are are bad faith actors? After such one can define it, or, better yet, come up with a new set of terms not yet defined out of bounds.
But seriously: apparently the logic is that we can say almost whatever we want to the police, whom we interact with less. But we can't freely speak towards our peers, which is the larger of the two issues, because we speak to them daily. Makes no sense.
You give people guns and fast cars, of course they're going to escalate whenever possible. In my opinion I don't think it matters who is the captain.
edit: to back this up, see https://en.wikipedia.org/wiki/Stanford_prison_experiment .
Prosecutors won't prosecute because the police are their colleagues. The police feed them cases. The other police won't do anything other than a slap on the wrist, because those same police potentially do or will do the same thing. The SCOTUS invented qualified immunity in the 60s, so they can't even be successfully sued (or it's very rare and very expensive).
The reason we retain freedoms in our country to any extent is because we have checks and balances in government. The police have no checks and balances and therefore the ones who are abusive of power continue to work unabated.
Really all this would be solved if we just got rid of the bad ones, but the government won't even do that. The machine protects itself.
The fact that a cop can't be jailed due to qualified immunity is not directly related to the fact that he would be fired long before that for not behaving up to standards.
Police is subject to checks and balances, their transgressions just don't seem to be the priority for voters.
Possibly, but they work on the same team.
>a cop can't be jailed due to qualified immunity
Qualified immunity protects them from getting sued directly in civil court by their victims for violating civil rights, etc. For example, if I ran you over and broke your leg, you could sue me for damages (medical bills, etc). You can't sue police (or judges or prosecutors for that matter). Nothing protects them from getting prosecuted except for lack of political will from DAs.
>the fact that he would be fired long before that for not behaving up to standards.
I wish that were true, but it's not. They investigate themselves and you know how that usually goes. If they do get found doing something unconstitutional, they usually get a half week suspension at most. Also, they are under no legal obligation to protect or help you. They are also not required to even know the law from a legal standpoint. Also the FOP is probably the most powerful, unabated by union busting unions in the country.
There's nothing preventing the voters from electing a mayor/DA that's not "on the same team".
You get what you vote for I guess.
I mean sure, if you oversimplify things, but you do have a point. The strange thing is both Democratic and Republican districts have pretty bad police. I don't recall any campaigns saying, "I vow to support constitutional violations from the police department."
Of course politicians aren't immune from things like the blue flu and concentrated efforts by the police unions to make them look bad. The quickest way to get beat in the polls is a crime wave.
One, it strikes the unconstitutional law from the town's books. Two, it sets a precedent in court that can be cited by the next person whose rights Newton, Iowa violates or a state or federal agency looking for a pattern of civil rights violations. And three, it gives this young man money damages.
But maybe they'll just stop having a public comment period...
Plus, having a national system would prevent small towns from answering to a single person with ultimate local authority.
Luckily the pendulum seems to be swinging, finally. Ending qualified immunity used to be a left/liberal policy, but now I'm seeing more right-leaning people advocating for it. Maybe it'll only be a matter of time before we can have pro-2A rulings and pro-citizen/anti-cop-hypocrisy rulings. Just gotta get the boomers and old borderline millenials out of the courts first.
Totally agree with you on your 2nd paragraph even though I'm a borderline millennial.
> even though I'm a borderline millennial.
I simply say that because I dislike the establishment, and the majority of the establishment comprises currently of that age range. No insult meant to you.
Don't they also receive way more funds?
It's a system that made sense when the US where in a revolutionary fight with the UK or later a new nation with isolated communities separated by huge distances. Not so much now.
Oh, and stop electing sheriffs and judges.
If it was derogatory he could've been asked to stop. When he didn't, I imagine he could've been arrested for trespassing and all the rest (including strip searching) can be explained as "normal procedure".
I'm not arguing it is right what the town did, it is obviously very wrong. Getting his case won might not be so easy, but it definitely succeeded in highlighting the problem in that town. Will it lead to change? I'm not sure.
https://www.ojp.gov/ncjrs/virtual-library/abstracts/police-d...
https://www.aclu.org/news/free-speech/when-complaining-about...
Not a legal term. You're looking for defamation, or even libel.
But these are public persons, and as such they have less protection from defamation and libel than private persons. I.e., that defense should not fly.
Proving that he did, indeed, violate the town's statute by calling the mayor and police chief fascists is no victory if the statute itself is found to be patently unconstitutional, which it is.