The Tulsa Police "War"

[Vashta Nerada]

A knife can penetrate a ballistic vest.

Not a pocket knife thats still folded.

The video editing software required to rotoscope a weapon in someones hand is easy to find, but the process takes time.
You would think they would be done by now.


and were they not initially saying that Shelby's single shot was another accidental discharge?

[erfalf]

Do we really have that much confidence in the diabolical nature of the police force here that we are proposing manipulation of video/photo evidence? Does anyone here really think they are up to that level of aptitude. This is a city agency keep in mind. Having worked for one, I expect the cunningness of most to be more in line with that of a stumbling toddler.

[patric]

Do we really have that much confidence in the diabolical nature of the police force here that we are proposing manipulation of video/photo evidence? Does anyone here really think they are up to that level of aptitude. This is a city agency keep in mind. Having worked for one, I expect the cunningness of most to be more in line with that of a stumbling toddler.

DPS outsources it:

Dash cam video has simply relied on where the spotlight and headlights are pointed for the only thing that tends to show up on video. This has led to OHP shipping out dash cam video needed for internal use and criminal investigations to a computer imaging professional to enhance the image to get the evidence needed.
http://www.fox23.com/news/local/ohp-patrol-cars-getting-more-lights/67035258

Surely there's a Tulsa officer with a computer savvy 12-year-old that could breeze through it. 

You can even "enhance" video yourself.  Turn down the gamma in the helicopter video of the Crutcher killing until you can see Officer Shelby's overhead light bar on and flashing.

[CoffeeBean]

The TPD deadly force policy is problematic:

Deadly force may be used if the officer has probable cause to believe that the suspect poses an imminent threat of serious physical harm, either to the officer or others . . .

Importantly, the policy never defines "imminent threat," but it does have a definition for "immediate threat." The policy does not say if the two are used interchangeably or have different meanings:

IMMEDIATE THREAT – a significant threat that an officer reasonably believes will result in death or serious physical harm to the officer or others. The threat is not limited to being instantaneous. A person may pose an immediate threat even if they are not at that moment pointing a weapon at the officers or others.

The policy does not define "significant threat" and relies on the subjective belief of the officer, which is contrary to the objective standard governing use of force under the Fourth Amendment.

The officer is not required to consider the totality of the circumstances, another Fourth Amendment standard.

And that's before we even get to the ridiculous sentences.

By sentence number three the policy injects a third term, "instantaneous," again without definition.

Finally, the policy defines "immediate threat" as a threat that's not immediate. I'm not even sure what that means.

If anyone wonders why TPD has questionable shoots, tell them to read the policy.   

[erfalf]

Well, apparently BPD felt they needed to get into the mix. I honestly can't recall the last time an officer in this town discharged his/her weapon and it actually led to a death. Seems pretty straight forward and justified in this case as a taser was used first, the officer was beaten and then the suspect was shot. Still thought it was noteworthy enough to mention here. Particularly because he was unarmed (with a weapon other than his fists).

All involved were taken to the hospital for injuries (woman, suspect & officer). The suspect eventually succumbed to his injuries.

And since Bartlesville is Bartlesville (small town) commenters to news stories already know who the suspect was and none have been the least bit surprised that any of this transpired.

http://www.newson6.com/story/33491784/bartlesville-police-osbi-investigating-fatal-officer-involved-shooting

[patric]

The TPD deadly force policy is problematic:

Importantly, the policy never defines "imminent threat," but it does have a definition for "immediate threat." The policy does not say if the two are used interchangeably or have different meanings:

The policy does not define "significant threat" and relies on the subjective belief of the officer, which is contrary to the objective standard governing use of force under the Fourth Amendment.

The officer is not required to consider the totality of the circumstances, another Fourth Amendment standard.

And that's before we even get to the ridiculous sentences.

By sentence number three the policy injects a third term, "instantaneous," again without definition.

Finally, the policy defines "immediate threat" as a threat that's not immediate. I'm not even sure what that means.

If anyone wonders why TPD has questionable shoots, tell them to read the policy.   

Policy sometimes has the effect of force of law without the due process of becoming a law.

It could be much much worse:

Chief Assistant District Attorney Howard Neumann told the Greensboro News & Record last week that Law enforcement officers are entitled to use whatever amount of force they deemed necessary to arrest someone they believed committed a crime.
"To charge him would be a violation of my role as a prosecutor," the D.A. said.
https://www.washingtonpost.com/news/post-nation/wp/2016/10/04/brutal-video-shows-white-officer-violently-arresting-black-man-sitting-on-his-mothers-porch/

[AquaMan]

Do we really have that much confidence in the diabolical nature of the police force here that we are proposing manipulation of video/photo evidence? Does anyone here really think they are up to that level of aptitude. This is a city agency keep in mind. Having worked for one, I expect the cunningness of most to be more in line with that of a stumbling toddler.

Yes and yes.

We have a history here of diabolical police authority nature. County and city mostly. State authorities aren't as obvious. Practically from the beginning of the city of Tulsa and Creek county. Each generation gets to see first hand how that culture has mutated, migrated and manifested itself. Booze, drugs, prostitution, racism, brutality have all prospered due to complicity by dirty cops. It has yielded bootlegging, a race riot, proliferation of gangs and prostitution. Sometimes the legal system culls a few out when they are too obvious and we all agree that most policing authorities are not involved. But enough are to have confidence that they can and do manipulate evidence.

[Vashta Nerada]

Then you will like this example of "by the book" that resulted in cop-on-cop violence:
http://photographyisnotacrime.com/2016/10/27/washington-d-c-cop-thrown-to-ground-and-punched-in-face-by-maryland-cops-in-case-of-mistaken-identity/

A Maryland cop searching for a shooting suspect described only as a "black man with a hoodie and jeans" ended up pouncing on a black man with a hoodie and jeans walking down the street, slamming him to the ground and handcuffing him while another officer punched him in the face.

Turns out, the man was an off-duty cop.

Prince George's County police say they have an audio recording of the incident, which proves their officers did everything by the book, which, of course, is not saying much, knowing how "the book" allows them to do as they please.

[cannon_fodder]

Unfortunately, police use of force is a very difficult topic. As an exercise, try to write a better standard. And I dont mean that rhetorically or to try to be a jerk, it's hard to write a standard that both enforces our ideals and alllows police officers to actually do their job.

Objective standards for ethereal ideals are notoriously difficult.  The "reasonable person" standard is an objective legal standard. That has never sat right to me, because an objective test should rarely change - were as the "reasonable person" standard changes moment to moment, person to person, even when all the facts are known. As a result, it is hard to say the actions of an officer weren't "reasonable" to them at the time.

I'm with you, I think we have a real problem at the moment. But the fix isn't easy... as an exercise, actually try drafting and posting something better:

[AquaMan]

People are trained and paid to do research, analyze and write those standards. We aren't. I could if you would pay for some more education and and a small stipend.

Seriously, don't let them off the hook. If these standards are being written by administrators in the policing industry and they aren't effective, then try, try again.

I really like your comment about objective standards vs subjective "reasonable man" standards. It means with lower and lower education levels what constitutes "reasonable" is likely to deteriorate over time. Can you imagine standards written to be reasonable to attendees at a political rally? If their candidate is an unreasonable person but manages to gain power, that candidate is the new "reasonable man".

[CoffeeBean]

Unfortunately, police use of force is a very difficult topic. As an exercise, try to write a better standard. And I dont mean that rhetorically or to try to be a jerk, it's hard to write a standard that both enforces our ideals and alllows police officers to actually do their job.

I don't think you're trying to be a jerk, but getting your hands on a better use of force policy is not terribly hard. One of the better policies out there is Las Vegas. You can read it here: http://www.lvmpd.com/Portals/0/OIO/GO-005-14_Use_of_Force.pdf.

And if you think there's a problem with copying another department's policy, then you haven't read many police policy manuals. They are copied and pasted so many times from department to department that its not uncommon to find the names of unrelated agencies scattered throughout a manual.

Point being, the ability to find fault in the prevailing standard is no excuse to end the pursuit of searching for a better one.  

[patric]

I'm with you, I think we have a real problem at the moment. But the fix isn't easy...

Even though police numbers say it has never been safer to be a cop there is a big gap between the perceptions of the chief and the rank-and-file.



The chief also referred to a Gallup poll published this week which found that 76 percent of Americans have "a great deal" of respect for police in their area. The mark is as high as that poll has been since the 1990s.
"If you think you're not being supported, you are very, very wrong," Jordan said. "Your community does support you; they do respect you; they do see the challenges (you face)."

Vs.

Sgt. Brandon Wykoff was chosen by the class to speak during the ceremony. He, too, referenced public negativity and an anti-police sentiment.
"Over the course of this academy on almost a daily basis broadcast across the national news and social media sites were stories of vicious attacks against police officers, simply because we're police officers," Wykoff said.


http://www.tulsaworld.com/news/local/recruits-graduate-from-tulsa-police-academy-still-have-desire-to/article_e5477ed4-03d4-552a-a1ec-042093f9a699.html

[Vashta Nerada]

Point being, the ability to find fault in the prevailing standard is no excuse to end the pursuit of searching for a better one.  

You win the internets this week.






Police union really doesnt want cops wearing cameras.
http://lawofficer.com/2016/06/oklahoma-city-pd-stops-wearing-body-cameras/
"Today, the Oklahoma City Police Department received the arbitrator's ruling which ruled on the side of the Union. This ruling included a 'cease and desist' order requiring the police department to remove all body-worn cameras off the streets immediately."

Wonder why?

Denver police officer arrested after caught on his own body camera stealing cash from suspect
http://www.nydailynews.com/news/national/denver-caught-body-camera-stealing-suspect-article-1.2849686


DENVER (CBS4)– A Denver police officer has been arrested, accused of stealing money from a suspect. His body camera apparently caught him taking the cash from a crime scene.
Officer Julian Archuleta was arrested on Friday for investigation of misdemeanor theft, first-degree official misconduct and tampering with physical evidence.
Archuleta was wearing a body camera during the time he searched the suspect's clothing after it was removed by paramedics on the scene. An unknown amount of cash was discovered and placed on the front passenger seat of the suspect vehicle.

According to a police report, one stack of bills was observed and contained a $100 bill on the outside of the stack. Archuleta was seen separating the $100 bill along with some other bills folded inside the $100 bill, from a stack with a $1 bill on top.
Police said the body camera moves to the passenger seat while Archuleta transferred the large bills to the other hand. When the body camera pans back to the seat, the stack with the $1 bill is observed but no large bills are on the seat.

The report then details how Archuleta rearranged some paperwork on the seat by placing it on top of the remaining bills in an attempt to conceal the cash. Archuleta shines his flashlight on the seat and rearranges the paperwork a second time to completely cover the remaining small bills.

A search warrant is obtained for the suspect vehicle and investigators recover $118 in cash from the front passenger seat, including one $50 bill, two $20 bills, one $5 bill, six $2 bills and 11 $1 bills. There were no $100 bills recovered from the crime lab. The cash, suspected narcotics, firearm and other items were placed into evidence.
While an officer reviewed the body camera video from Archuleta, he observed the $100 bill and realizes it was not collected at the scene by the crime lab and it was not checked in as evidence.

When questioned about the missing cash, Archuleta said he was going to "check his war bag" to make sure the money hadn't slipped into a crevice. About an hour later, Archuleta said he found 12 $100 bills in his war bag and that the money "must have fallen in his bag."
http://denver.cbslocal.com/2016/10/28/officer-arrested-accused-of-stealing-money-from-suspect/

[guido911]

I miss Gaspar and guido quite a bit. 

I miss you too

[heironymouspasparagus]

I miss you too

Hey!!   So you are listening!!   I thought you might be lurking in the weeds!

Good to hear from you!   I meant it.