Dear Jessica, There Is A Problem With Police Culture And It Seems To Be Getting Worse Every Day
A Bay Area teen and a long-time cop have an open conversation about police brutality.
Hi Jessica,
Once again, thank you for openly sharing your thoughts and perspectives on police-community relations.
The San Francisco Police Department is not allowed to get tasers because the police commission (and some politicians) are concerned that officers would misuse them and that tasers would simply lead to more abuse and brutality. I disagree. If officers had tasers, they would have another alternative (in addition to pepper spray and batons) to their firearms. I hope the police department accomplishes this goal sooner rather than later.
I really appreciate your honesty when telling me about your birthday “celebration.” I’ll use this incident to explain what the officers might have been thinking and what may have prompted their actions.
First, we should assume that someone called the police to report what you three were doing on the steps. What we don’t know is what that person said. Was the music too loud? Did they report underage drinking? We don’t know, just like we don’t know if anyone really called or if the cops just happened to be in the area.
If someone reports a disturbance, officers have an obligation to investigate the complaint. This is where it gets complicated. Even though you know what was actually happening that day with your friends, the cops didn’t. They only have some potentially misleading information based on the potential call, but nothing else.
If you and your friends were sitting on the steps of someone’s home, that would constitute the crime of trespassing, which is a low-level misdemeanor, but still a crime. In that case, the cops have the lawful right to detain you. Even if the call was just about “suspicious activity,” the cops can still detain you long enough to see that you’re not doing anything wrong. Once an officer has determined that he has reasonable suspicion to detain you, he has the right to conduct a “cursory search” (also known as a pat search) for weapons.
Let me explain the difference between “reasonable suspicion” for a detention versus “probable cause” to arrest. Officers use reasonable suspicion to lawfully detain an individual to investigate whether a crime has been committed. In this case, it appears that they did have reasonable suspicion, either based on the information that they received or by what they saw. Once they make a lawful detention, which means that you are not free to leave, the officer can investigate further and either make an arrest or let the person go.
If the officers felt that a crime had been committed they then have probable cause to arrest. Probable cause allows officers to make a custodial arrest, meaning that the individual is taken into custody. Some gray areas to consider: just because a person is handcuffed or placed in the police car or taken to the station, they are not necessarily under arrest. A person can be lawfully detained, handcuffed, and moved IF there are articulable facts to support the detention.
In San Francisco officers who make such detentions are required to issue the detainee a certificate of release, which states that the detention is not an arrest and that no record of arrest is on file.
Regarding your comment about getting pat searched by a male officer, there are exceptions to the rule that only female officers can search female detainees. Male officers, when absolutely necessary, can search a female, but are only allowed to pat the shoulders, back, and waistband for weapons. And before conducting the search, the officer must be able to articulate a specific reason. To conduct a more thorough search of a female detainee, the officer would have to call for a female officer.
Once the officers had you detained, they wanted to know who you were and what you were doing. What if you or one of your friends was a criminal? Or a runaway? Officers have to start somewhere in their process of elimination. Police officers are not only concerned about your safety but also concerned about making mistakes and getting in trouble so they err on the side of caution, making thorough and intrusive detentions.
The only other explanation I can think of is that these cops were power-hungry jerks, plain and simple. Maybe they were on a break and got pissed off when they had to handle a stupid call about some teenagers drinking. Maybe they had to work too many hours that week and were just in a bad mood. Maybe they were just dumped by their girlfriend. We will never know, will we? (I use these extreme examples to also point out that officers are indeed human and subject to feelings and emotions like everyone else.)
It makes me sad to hear that the cops took your friend’s money. When I hear allegations like this I am simply dumbfounded. I know it happens but it doesn’t make any sense to me. Thievery is not only wrong, but illegal. And it completely destroys any trust that you or your friends should have in the police. It also discredits a lot of my efforts trying to explain the basic actions of the police.
There is a problem with police culture and it seems to be getting worse every day. I agree with you that change needs to happen and it needs to come from within. The problem with that is nobody wants to be a snitch.
Yet it’s not just the police who don’t want to snitch, it is a social issue. Many of us were taught from an early age, when we ran to our parents or other adult complaining about another kid, to not “be a tattle tale.” Many people follow that rule throughout life, avoiding rocking the boat or making waves in order to maintain their family or jobs. But, as we all know, the police are held to a higher standard and condoning misconduct seems highly hypocritical.
I don’t think police brutality and corruption are so widespread that every officer sees misconduct every day, or even very often. There are certainly officers who might engage in questionable behavior but the frequency of such behavior is minimal compared to the overall daily operations of most police departments.
I didn’t always take action or report suspected misconduct, but over time I gained a better sense of right and wrong. A major turning point for me was when I was promoted to sergeant, a supervisory position. The training for this role placed a lot of emphasis on monitoring the conduct of other officers and taking action when I saw misconduct.
I actually testified against the chief of police at a federal trial when he was accused of sexual harassment. When I saw an officer being too rough while handling a female prisoner, I stepped in and pulled the officer away from the woman. The officer wasn’t violating any rules or behaving criminally, but his actions demonstrated his lack of control. I subsequently recommended that the officer be sent back to the academy for more training in physical control skills and anger management.
Hopefully the recent incidents of police brutality will be the impetus for some serious changes in how cops are hired and trained and how they interact with the public. I spent much of my career as a hostage negotiator and received extensive training on how to talk to people in crisis. Creating dialogue and establishing good rapport are essential skills when it comes to pressure-filled situations. Patience and empathy are topics that are not taught to any great degree in police academies.
Obviously, there are multiple problems with the police system — from training to attitude to general mistrust. Maybe you and I can be part of the solution.
Take care.
PS. I forgot to answer your question about the evidence seized by police officers. Regardless of what the item is, it must be booked as evidence. Every piece of evidence, even narcotics, is put into an envelope or tagged with a label, logged, and locked up at the police station. Most seized property is stored at the Hall of Justice or a police storage facility, where it is kept for a minimum of two years. When the property is no longer needed, it is disposed of, either by destruction (i.e. putting it in the garbage), or by whatever means is deemed the most effective.
Check back here on Tuesday to read Jessica’s response.
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