Ways to manage conflicts with cops in a medical emergency
ems1.com
ems1.com
Well maybe this should change.
I am a night owl and sometimes take walks at night. I don't drink, I'm completely sober. Nevertheless I've been stopped and patted down a few times. Once I was illegally searched because the officer "smelled weed" (I favor legalization, but I haven't smoked since college--I don't like how it makes me feel). And I'm a white guy in my late 20s who dresses like a businessy nerd--if I weren't who knows whether I'd be in jail for some made-up charge by now.
Cops in the US have a combative relationship with the people they serve and that has to change. They work for us--we need to get them under control.
Stopping medical professionals from doing their jobs puts the lives of civilians in danger. Cops should be required to defer to medical professionals unequivocally.
I turned down a nearby alley in order to head back home, and was half way down it when a creepy-looking car with no lights on squeaked to a stop and blocked off the end of the alley. I froze and looked at it, and that's when the spotlight came on, and I realized it was a cop.
Unfortunately, my thought process went "oh, I must look suspicious. But wait, I don't have any ID. Maybe they didn't see me yet...", so I hopped into a driveway, out of sight of the cop. Oops, bad move. They went full lights-and-siren, and burned rubber down the alley towards me.
I took off running towards my house, zigzagging between houses to break line of sight. When I got back home, I hopped my fence and went in the back door, just because it was the closest entrance.
Double-unfortunately, apparently the cops decided I was a serious threat, and several minutes later I looked out the window to a police car in my own alley, following a cop with a german shepherd. The dog circled my property, and then barked at the fence, so the cops kicked my gate down and searched my back yard. They jiggled the doors and windows, found them locked, and decided to call it a night.
I got up early the next morning to fix my gate, and my parents never found out about it.
Two obviously bored deputies stopped me, talked to me for about 60 minutes, checked my backpack and generally couldn't believe a kid would be out on his own free will at that early a time.
No probable cause, I wasn't trespassing (walked the entire way on the sidewalk), but stopped because I was out of the ordinary. This was in a sleepy coastal California town in the late '70s, no real crime to speak of, but no, these guys had to be dicks.
If they had been cool, they would have called my parents to see if I was a runaway, or at least given me a ride to the lagoon, but no, they just wanted to be dicks.
After crime fell dramatically in the US, we should have laid off a few. Instead we just hired more and more and more. Now we're seeing the effects of over-policing.
Jerry: I tell you what they should do, they should combine the two jobs, make it one job, 'cop\garbage man'. I always see cops walking around with nothing to do. Grab a broom! Start sweeping. You sweep sweep sweep... catch a criminal, get right back to sweeping.
Police have too much free time. Basically, their career path requires that they bring in money or arrests and if crime is down, they'll find ways to meet the unofficial quotas that are held over them.
Crime is down. This is the predictable result of having more police officers to handle less crime. Add in other factors like increasing militarization of law enforcement and the disqualification of people with high IQs and we get the mess that we have today.
Search for Jordan V. New London.
It's interesting, for sure, but certainly difficult to understand or draw any conclusions from without further context.
Figure 1 -- This one I'm not too sure about. It says "Cumulative percent growth in number of full-time sworn personnel."
Figure 2 -- It says "Full-time state and local law enforcement employees, 1992-2008". Each bar has "Civilians" "Sworn Officers" and "Total". I'm guessing that this is the break-down of "Sworn Officers" vs "Civilians" from the pool of "Full-time state and local law enforcement employees." Not all of those employees are sworn officers.
Figure 3 -- Just like Figure 2, but the numbers are "per 100,000 residents."
Also:
"Two things get your ass kicked faster than anything: one is making a cop run. If he catches you, you're 18 years old, you've got fucking Nikes, he’s got cop shoes, he's wearing a utility belt, if you fucking run and he catches you, you're gonna take some lumps. That’s always been part of the code. Rodney King could’ve quoted that much of it to you."
https://www.themarshallproject.org/2015/04/29/david-simon-on...
So we're walking around downtown just enjoying a nice summer night, when a police car shows up in a corner. No big deal, it's actually nice to see them around. We walk a block and there's the police car again... and it was like that for basically every block we walked until we got home. Fortunately we were not stopped, but we were definitely being followed and watched.
We come from Latin America but we're both white (German ancestry). I can't help but think the experience would likely have been a little worse if we had more typical Latino looks.
Is it generally that people feel they won't be victims to crime if they're armed?
"When seconds count, the police are only minutes away."
This is a large and diverse country. There are significant areas of land where the median time until an emergency first-responder will appear is a multiple of the median duration of a typical criminal (or dangerous wildlife) encounter. With the right planning, I could probably walk coast to coast unarmed, without ever feeling unsafe. But if I took my hotel budget and bought a tent and sidearm instead, I wouldn't need to do nearly as much research ahead of time. Besides that, not all dangerous animals are human enough to know the law.
I don't typically go about armed, but several people that I know do. They consider it to not just be protection for themselves, but for their entire community, like vaccinations.
The weapon does not prevent the crime, but it does suggest a more favorable outcome.
In this particular instance, my opinion of the meaning of the 2nd Amendment to the U.S. Constitution is not clouded by any doubt.
The anecdotal facts I have at my disposal suggest that common gun ownership is neither necessary for public safety nor detrimental to it. The security of a people seems to be correlated more to the strength of their character than that of their arsenal.
I dislike authority and cops more than most, but I also like evidence and I don't feel like this supports the implied harassment.
2) The whole thing made us feel very uncomfortable. Sure, they could have been looking out for us... But if that was the case, why didn't they just pull over and tell us that? Our relaxing evening walk became tense with us wondering why the police was watching us.
It's tacitly understood that "smelled weed" is one of several simply accepted pretenses that give an officer the ability manufacture probable cause out of thin air.
http://www.bostonglobe.com/metro/2014/07/09/sjc-odor-unburnt...
The problem is that marijuana shouldn't be illegal in the first place. But it is illegal, and it's also common enough that if a cop smells weed, it's believable. Part of the problem here is that we make too many things illegal, and since cops have some choice in which laws they enforce when, it gives cops far too much power.
Like, require they take photos and they can just plant the evidence before they take the photo.
Compare and contrast a dank whiff with gun fire. I'd like police to be able to respond to the sound of gun fire. I don't see how it is less problematic than responding to the smell of marijuana.
Yeah, but, you know, we actually do have such a problem: http://en.wikipedia.org/wiki/Police_perjury
The checks on abuse of power should happen at a higher level in the system than making rules about what an officer can reliably testify about.
Why should there even be such rules? An officer, like any witness, can testify about anything they observe that is relevant to the matter under consideration by the court, and not barred by any generally-applicable prohibition (e.g., hearsay, etc., to the extent that is barred.)
Whether such testimony is reliable is a matter for the court/jury receiving the testimony to consider, based on the statement, any evidence of bias of the witness, and any conflicting or corroborating evidence.
Treating cops as privileged witnesses in any domain makes no sense, and seems to be contrary to the whole thrust of the Constitutional constraints on the criminal justice system, which are to protect the individual from arbitrary action by the government or its agents.
I think I probably agree that police shouldn't base searches on smelling weed (I'd have to think about whether they should be able to stop a car and tell them to tone it down).
What I don't agree with is making that determination based on concerns about fabricated statements about smelling weed.
The concern about fabrication by the government underlies much of the Constitutional restriction on government power in the criminal domain. I'd say that restricting government based on that concern is generally legitimate, and has a strong tradition in the US.
The line shifts a bit in the case of imminent danger, because we prefer to take more of a risk with the cops than the criminals in that case. A smell of marijuana doesn't indicate a life-threatening situation so we're back to the whole abuse-of-power bit for why the police can't just search people entirely at will.
I see what you are saying about limits on power and trust being mixed together, if someone is literally 100% trustworthy there is no need to limit their power. I still think it is reasonable to consider whether police can reliably testify that they smelled something (this should at least be a goal for a just system) separately from the question of whether they should be allowed to act upon smelling something.
Hell look at parallel construction.
Long story short, was there for two months, walked home maybe five times, got stopped and id'd twice. Both occasions they were really confused as to not only why someone would walk "so far" to get home, but how.
They were totally fine taking my student id as a drivers license when I got pulled over speeding though. Ho hum.
I have had very few police interactions where it was not clear that the cops viewed their role as dominating and using overwhelming force. U.S cops seem to have a very militaristic mindset which is really bizarre, considering compared to other jobs, being a cop is not that dangerous.In fact, the one case that stood out to me was one where a cop acted the way he should have. I got rear-ended on New Years Eve (as luck would have it, right in front of the State Trooper Barracks). The State Trooper who responded was amazing. He checked on everyone, found that the passenger of the idiot who rear ended me had a broken nose (she had no seatbelt on), called an ambulance, squared everything. He had a truly calming presence. That is how cops should be.
The aggressiveness in the police along with the adversarial attitude needs to change, it's been unhealthy for a while, on the other hand crime is down, but no one can agree why. Is it police aggressiveness, tougher sentencing, removal of pollutants from environment, aging population.... There are several explanations, but none are completely convincing.
I think some day we'll have to reconsider the interpretation of the second amendment, short of that, change people's perception of firearms. Households with firearms suffer more injury due to accidents than they prevent via deterrence. So, we need to change the attitude so that owning firearms are frowned upon as much as being a tax dodger is frowned upon.
It's hard to avoid feeling that being preemptively aggressive when you know there are people either crazy enough or desperate or foolish enough to use a firearm against a cop and that having your guard down can result in premature departure. But if the likelihood of guns circulating was low, you could give the public the benefit of doubt.
"No police officer in England has died from a weapon attack during the past two years, according to the most recent published data, and none have been involved in fatal shootings during that period."
http://www.nytimes.com/2015/05/05/us/police-start-to-reconsi...
I think you're mistaking correlation for causation.
Consider: a household that's more likely to be in danger is also more likely to have a gun. For example, a drug dealer is frequently in dangerous situations, and so is likely to have a gun. He's also more likely to be injured or killed than your or I. Is that because he owns that gun? It seems unlikely. Many more legitimate professions and activities carry risks like that.
So simply showing that correlation isn't anywhere near sufficient to demonstrate that the gun owner would be safer without his gun.
One of the first, and most important things we can do is to change the language we are using. Above, you spoke of civilians as different from - separate from - police officers.
Please stop doing this. All police officers are civilians - just like you and I.[1]
If you are not in the process of being arrested you are the peer in every way of the police officer. Don't forget it.
[1] With the obvious exception of the reader of this comment who is an active duty soldier/sailor.
Police should be held to a higher standard to compensate for this, and the civilian legal system is poorly equipped to handle them.
Violent, aggressive EMTs trying to treat a patient?
And a huge portion of the people jailed in the US are jailed for non-violent crimes.
If you can't deal differently with violent, aggressive people than with people who are clearly non-violent and not aggressive, you have no fucking business being a cop.
Having lived and worked in some pretty nasty areas, I've dealt with some violent, aggressive individuals, yet every day I manage to restrain myself from wrongly accusing people of crimes and beating up innocent people. I'm not sure why you think this is hard.
> The cop-hate is really getting out of control.
I think I have a right to hate people who are violent and aggressive.
> Inner-city blacks kill a lot more black people than cops do, yet we bend over backwards to not be judgemental of them.
No, I hate inner-city blacks who kill people just as much as I hate cops who kill people. I just don't talk about it much, because we don't seem to have much problem giving inner-city blacks who kill people the jail time they deserve.
> But automatic hatred of cops is really driven by the same kind of thinking.
I don't automatically hate cops. It just so happens that cops frequently go out of their way to give me reason to hate them.
I haven't encountered many, if any, people who bend over backwards to not be judgmental of inner city blacks who kill other black people, least of all the people who like to point to the number of inner city blacks who kill black people as a means of dismissing specific criticism aggressive behavior by cops.
Yes racism is bad. But...
Oh, yeah, there it is.
He died because he was placed on his stomach, with his arms handcuffed behind his back. This, combined with the fact that he was overweight made it impossible for him to breath effectively [1].
The 'interesting' (and depressing) thing is that the EMS crew that responded should have recognized this and had the cops reposition him. Instead, they just went with the flow, and didn't intervene... The one positive that has come out of his death is that his case is now the go-to example used to show EMS students how not to handle situations like that, and how to be an advocate for their patients.
[1] It's actually a bit more complicated than that... if he were just 'resting' in that position, he likely would be fine, but his inability to breathe deeply prevented his body from being able to compensate for various processes that kicked into overdrive when he was resisting the cops, but the tl; dr; is that if he had been placed on his back, or sitting up, he would almost certainly still be alive. Placing him on his stomach was against NYPD policy, and both the cops and EMTs/paramedics should have known better.
In the past 12 years there only was one time where I even witnessed tension between us and them (an elevator emergency with victims, where ESU (New York's SWAT equivalent) and FDNY had overlapping jurisdictions). The bench-clearing hockey game brawls are the stuff of TV.
Cops are by and large professionals, who get shot in the face while protecting the same community that vilifies them for a few bad apples.
What is that saying about "a few bad apples" again?
The same thing can apply to people. The fact that there are bad police out there is only to be expected, just like you'd expect to find a few rotten apples in a large bunch of them. But just like the apples, you have to remove them, or the rot will spread. Bad police don't seem to get removed nearly often enough.
So the police develop a thick skin, and close ranks to protect one another. They couldn't exist otherwise. Its understandable. But it leads to problems when things like police hazing perps is tolerated. It leads to deaths in custody etc.
I blame the leadership, which tolerated hazing and mistreatment. That has to be squelched instantly, or it grows without bound until somebody is seriously injured or dies.
Policing in other western countries indicates otherwise. For example, if police were held personally liable, as a strict matter of law, for the cost of their mistakes (just as individuals in the private sector bear the cost of their mistakes), they would tend to act more responsibly. Britain is an example of this.
... at about the same rate as pizza delivery drivers.
One source: http://www.forbes.com/sites/jacquelynsmith/2013/08/22/americ...
What's the deal with ESU, anyway? Does it really make sense to have a parallel rescue company? Seems like I only hear horror stories (like when they dropped a car on that motorcyclist...)
EDIT: Also... "large professionals" indeed ;)
Though I've had good experiences with them, I imagine there could be a lot of problems if their books assign them different tasks that conflict with us (I don't know what they learn). As far as the "car dropping" goes, there's no excuse for that ;).
The fact is that emergency responders _do_ end up getting attacked/assaulted/etc on a surprisingly regular basis. I can't remember the last time I didn't get at least verbally assaulted by someone at least once a week. Physical confrontations are all too common, and having law enforcement there when someone takes a swing at you is a very helpful thing... While there doesn't have to be two sides, that doesn't stop some idiots from choosing to make up their own side... When that happens, I'm glad to have someone with a taser and a gun on my 'side'.
Gotta agree here. The last time I was a first responder (RTA), the Police and Ambos arrived in unison. In Aus the Ambo service often follow-up for operational reasons (security and job over-lap) ~ https://www.flickr.com/photos/bootload/7949327460
There have been dozens of cases in the past few years in which police have been sent to medical emergencies and responded with unwarranted and fatal violence towards the people they should have been helping. That's not even counting cases like Kenneth Chamberlain Sr, in which there was no emergency, officers were notified of this shortly after arriving, and they proceeded to assault and murder a man who had done nothing wrong in his own home anyway.
Calling 911 for assistance for a mentally ill family member can literally be a death sentence, and that is an intolerable state of affairs.
However... Attacks on EMS workers are also a real problem, and I am glad for the presence of law enforcement on the scene of my EMS calls on a very regular basis. It is also common practice for EMS to wait for police to arrive and 'secure' a scene if the nature of the call sounds like there is a chance the encounter could turn violent (or that we could be walking into an already violent encounter).
I have run across a couple police officers wanting to clear lanes of traffic on the highway faster than we were comfortable with (when responding to a car accident), but our first responders (fire department, usually dispatched to most car accidents to provide initial medical care, extrication, scene protection etc) have always been good with maintaining scene safety.
This is still fantastic advice however.
EDIT: My point above was less about a specific "culture of respect for EMS workers", and more about a "culture of respect for non-law enforcement" in general that law enforcement does not always seem to have in the United States. Rethinking, it might not be the red/blue state divide as responders have pointed out. I still do think that there's a geographic component to law enforcement culture. I completely agree that urban areas, though a blue general population, regularly show instances of oppressive police culture. With the above, I was more trying to point out that in those areas there are generally less reports of oppressive and abusive police behavior. However, maybe the effect that I am trying to point out is an illusion of sample size. Either way, I think we would all be in a better place could we extrapolate the small-town police vibe to large urban areas. Yes, it's idealistic, but removing the adversarial relationship between big city PDs and their populations is something worth striving for.
I'm in a red part of the Midwest and the cops I know (many friends from HS or cycling in as security at the local workplaces) know when an EMT says "transport", thats it. It helps that some of the EMT's are former cops, but they know the story.
You know, like the extremely professional folks in Seattle PD, which is also in a blue city in a blue state.
http://en.wikipedia.org/wiki/Government_and_politics_of_Seat...
Oh wait, I was completely wrong about that.
http://www.seattlepi.com/local/article/Feds-findings-in-Seat...
That's not to say that all the people who work for Seattle PD are bad apples that need to be fired. But I'm sure a few of them are, if the whole department is getting investigated by the Justice Department.
Also, Washington is only a blue state because of Seattle. It would be a swing state at best. You can see the evidence in its state legislature, where it has been in a near state of paralysis for years trying to figure out a budget that will satisfy "starve the beast" conservatives and Seattle's infrastructure needs.
Even if there are no truly evil, bad actors the lack of a restraining force means that even with random events and outcomes, officers will tend to behave worse and worse on average. Initially bad events are outliers but as more happen with no repercussions the average slowly creeps towards "worse" and what used to be rare becomes commonplace.
So to me it's clear that the police need better management from folks who really get a kick out of putting very, very bad guys behind bars. If a normal person murders someone they get the full force of the justice system against them. If an officer does so, currently they tend to get white glove treatment.
We're seeing that the trend might be changing a little in Baltimore, but we won't know for sure until the trial is done. They don't have to be convicted in order to know that the trend has changed, but they need to be VIGOROUSLY prosecuted for what happened.
Red-leaning areas tend to be in the southern US where there is a large minority population of african americans and latinos. There are a few exceptions (Wyoming), but I think your statement doesn't make that much sense.
http://reverbpress.com/features/undercover-cops-infiltrate-p...
I'm a paramedic in New York, outside of stories that very occasionally hit the various EMS news sites (like this one), I have never heard of a cop questioning a paramedic's authority to do what's in the best interest of the patient.
Probably doubtful the police chief would want to get into a media brawl with the county medical director though.
The ranking medical provider on scene is in charge of all aspects of patient care. That seems pretty simple, but then you have to consider the matter of consent...
I can't do anything without the informed consent of the patient. When a patient is in police custody, suddenly the state has some say in what that patient can and can't consent to (and the cop is an agent of the state). However... I can't think of a conceivable scenario where a cop would want to assume the liability of disregarding my advice.
What [personal] liability does a cop take on by disregarding your advice? It seems that cops have strong immunity to liability. It also seems that when a cop is found liable that the state/municipality pays the price.
Perhaps if police [officers] had to be individually bonded and insured then at least "costly" police would lose their capacity to be officers through market means (insurance and bonding is no longer cost effective).
Beyond that, it varies based on local and state laws. It's certainly possible that he could face civil liability (or his department could face that liability on his behalf... again, with pretty negative effects on his career).
I'm not a cop but my impression is very much "no".
That's certainly not enough, but it is something.
I think peer pressure and reputation are very effective at stopping the "good" officers from turning in and removing the bad officers.
And are they going to get a "paid vacation"?
Some folks are okay with never moving up and care more about a secure job [protected by a union].
No, not in all situations.
When they see other cops doing clearly illegal things they don't do a damn thing.
That needs to completely change.
I'd be so angry if one of my family members died because a cop thought he was a more qualified paramedic than a trained paramedic.
Assuming the police are up to no good going into a situation will make things end badly, and creates a toxic culture.
That being said, recent events make it clear that monitoring is a very good thing, and I think would be widely welcomed from both sides of the coin.
I think it's fair to say there are bad apples, and I greatly support the body camera plan for dealing with it and making it possible to request review when someone thinks they are treated unfairly, and this also prevents them from being treated unfairly in false claims.
The techniques are useful here in software, too: build a report, don't always go head-to-head, bring in an outside authority, etc. Technical types tend to approach things in technical ways that non-technical types cannot appreciate.
http://www.11alive.com/story/news/local/2014/07/25/police-sh...
What liability? We don't hold cops responsible for jack shit in America. Unless they are literally filmed in the act of murder, the worst consequence they'll ever see is a paid vacation.
The client EMS is as much at fault as the police officer.
He let someone whom he knew in his medical opinion to be having a serious medical problem go to jail because he was intimidated.
If he's not at fault, no medic ever is at fault for anything, even those who are present and supervise torture and police brutality, because "oh I'm sorry I was intimidated."
Do you really see no difference in culpability between someone standing by and allowing torture to happen, vs someone who attempts to argue with, but eventually concedes to a guy carrying a gun?
Yes.
> The patient did not go to jail.
The patient was almost taken to jail. The EMS left him there to be transported to jail.
> There was a 10 minute delay in care, until the patient became unresponsive and was transported to the hospital.
Please don't be apologetic for other people's screw ups. We have enough of that everywhere already.
"Oh it was just 10 minutes more of stroking and stuff. No biggie." It's a stroke, you die in that 10 minutes.
> Do you really see no difference in culpability between someone standing by and allowing torture to happen, vs someone who attempts to argue with, but eventually concedes to a guy carrying a gun?
No.
We are talking about the legal system, where such cases can be used as precedents.
When you are an EMS or physician otherwise, you were at fault, and it is pardoned because "I was so very much intimidated oh my," it will be pardoned as long as you can prove you were "intimidated."
"Oh judge it was a CIA agent, I was intimidated so I stayed and supervised it."
I find it disturbing and disgusting that (1) the defense attorney is using that as an excuse, and (2) the EMS allows his defense attorney to do that.
And where is the lawsuit against the cop for intimidation (civil) and misconduct (criminal)?
The paramedic absolutely screwed up. He should have called his supervisor, or his medical control physician. He was inexperienced and let himself get pushed around and eventually backed down when he should have stood up for his patient. I still don't see how you can remotely compare that to being a willing participant in a crime.
This is not a zero-sum game. They can be (and, I think, are) 100% at fault.
The paramedic has a medical responsibility to ensure the medical safety of the patient. He abandoned his job because he got afraid / didn't know better. These are not valid excuses.
I suspect the previous commenter has never encountered such a police officer. I have seen how they behave when their authority is challenged.
Right, wrong or otherwise; police officers won't admit to being wrong unless ordered to do so by a superior.