9 Jan 18: Force Science News #355
That’s police attorney Bruce Praet speaking, a former LEO, a defender of officers and agencies in legal actions for more than three decades, and co-founder of Lexipol, the prominent policy advisory and risk-management consulting organization for law enforcement that’s active nationwide.
Meanwhile, here’s a summation of the “most critical” ways Praet believes officers and agencies sabotage themselves before they walk into the civil courtroom:
1. Failure to know policy. Too often, Praet says, “cops have the attitude, ‘Why would I look at the policy manual unless I’m either studying for promotion or about to get disciplined?”
2. Failure of officers/agencies to keep training updated.
3. Failure to review video before statements. Praet emphatically favors officers viewing video of their involved incident before writing a report or giving a statement.
4. Failure to record witness interviews. “A lot of witnesses change their stories, some inadvertently, some intentionally. All of a sudden what you quoted in your police report turns out not to be what they testify to on the stand.
5. Failure to voluntarily share “state-of-mind” information. Officers sometimes think they’re protecting themselves after an OIS (added: Officer Involved Shooting) by providing only a compelled statement for administrative review and not cooperating with criminal investigators who want to document the officer’s state of mind at the time of the incident.
6. Failure to “clean up” injured suspects before photography. Bloody pictures of suspects injured by police don’t help your civil case in court, Praet says. If the suspect looks “all bloodied up,” be ready to add “a couple of zeros to the amount” you’ll pay.
On the other hand, “If a cop gets injured,” Praet adds facetiously, “throw a bucket of blood on him! (added: OMGoodness really?)
7. Failure to avoid posting social-media comments. “Plaintiffs’ attorneys are profiling cops on social media,” Praet says, and any lawyer suing you is going to check out what you’re posting.
8. Failure to appreciate unique stresses of civil court. No matter how many times you’ve testified against suspects in your local criminal court, stepping into federal court in a civil case is a whole different experience.
9. Failure to frame mental-health encounters to your advantage. With an ever-increasing possibility of officers landing in a civil suit involving a mentally ill subject, Praet suggests modifying the language typically used to describe encounters with bizarre human behavior.
10. Failure to pay cash on the spot for inadvertently causing harm. Occasionally, police make mistakes—a K-9 bites the wrong person, SWAT raids the wrong house, you crash into a civilian’s car as you race to a call without lights and siren. “One-hundred percent liability!” Praet declares.
That’s police attorney Bruce Praet speaking, a former LEO, a defender of officers and agencies in legal actions for more than three decades, and co-founder of Lexipol, the prominent policy advisory and risk-management consulting organization for law enforcement that’s active nationwide.
Meanwhile, here’s a summation of the “most critical” ways Praet believes officers and agencies sabotage themselves before they walk into the civil courtroom:
1. Failure to know policy. Too often, Praet says, “cops have the attitude, ‘Why would I look at the policy manual unless I’m either studying for promotion or about to get disciplined?”
2. Failure of officers/agencies to keep training updated.
3. Failure to review video before statements. Praet emphatically favors officers viewing video of their involved incident before writing a report or giving a statement.
4. Failure to record witness interviews. “A lot of witnesses change their stories, some inadvertently, some intentionally. All of a sudden what you quoted in your police report turns out not to be what they testify to on the stand.
5. Failure to voluntarily share “state-of-mind” information. Officers sometimes think they’re protecting themselves after an OIS (added: Officer Involved Shooting) by providing only a compelled statement for administrative review and not cooperating with criminal investigators who want to document the officer’s state of mind at the time of the incident.
6. Failure to “clean up” injured suspects before photography. Bloody pictures of suspects injured by police don’t help your civil case in court, Praet says. If the suspect looks “all bloodied up,” be ready to add “a couple of zeros to the amount” you’ll pay.
On the other hand, “If a cop gets injured,” Praet adds facetiously, “throw a bucket of blood on him! (added: OMGoodness really?)
7. Failure to avoid posting social-media comments. “Plaintiffs’ attorneys are profiling cops on social media,” Praet says, and any lawyer suing you is going to check out what you’re posting.
8. Failure to appreciate unique stresses of civil court. No matter how many times you’ve testified against suspects in your local criminal court, stepping into federal court in a civil case is a whole different experience.
9. Failure to frame mental-health encounters to your advantage. With an ever-increasing possibility of officers landing in a civil suit involving a mentally ill subject, Praet suggests modifying the language typically used to describe encounters with bizarre human behavior.
10. Failure to pay cash on the spot for inadvertently causing harm. Occasionally, police make mistakes—a K-9 bites the wrong person, SWAT raids the wrong house, you crash into a civilian’s car as you race to a call without lights and siren. “One-hundred percent liability!” Praet declares.
