SNIP 4. If you could tell a group of cops anything what would you tell us? I will pass it on to my co-workers and hopefully we can avoid stupidity on both ends.
I would tell them:
Section I.
Scrupulously respect
all rights. Of
everybody, not just OCers. (I'm not so selfish that I'm going to only promote rights for myself.)
Mere carry of a sidearm in no way creates suspicion.
No cheesy cop conversational games. For example, "If you have nothing to hide, why don't you want to talk to me?" Since that question only gets asked after a refusal, it immediately demonstrates the officer
does not respect rights. If the officer did respect rights, he wouldn't ask the follow-up, would he? To illustrate the point, full recognition and respect of the right to refuse consent to an encounter would result in an abrupt and polite termination of the encounter. "Sorry to bother you, sir. Have a nice day."
Ditto for identity or identity document demands. In fact, without RAS, don't bother to demand identity. See
Brown v Texas, Kolender v Lawson, and
Hiibel v 6th Judicial District Court.
This is going to require some thinking on the part of police. Some of the cheesy tactics are so ingrained as to seem reflexive. For example, identity demands. We've lost count of the number of times cops demanded identity documents without authority to do so. Unless Utah law requires a permit to OC foot or car and requires an identity document with the permit or some similar law, no RAS = no authority to demand identity or identity documents (see court cases cited just above). Yet, we've seen time and again cops demanding not just verbal identity, but identity documents, with no authority to make the demand/compel exhibiting them. In short, the inescapeable conclusion is that those cops had been doing it so regularly they completely forgot they had no authority. And, then got anywhere from annoyed to threatening when refused. So, this is going to take some foresight. Somebody is going to have to think through these points and recognize where the trouble might come up.
Oh, and I don't always OC. So, don't limit the rights respect and observance to OCers. A cop might encounter me during a traffic stop for something very minor like a burned out tail-light. Just because I'm not OCing doesn't mean I parked my knowledge of rights at home on the dresser.
Section II
Tear down the Blue Wall of Silence. And, everything it hides--put a stop to the garbage it hides. I don't believe for one second that cops who are willing to go hands-on or trade gunfire with criminals are suddenly all cowardly when the criminal or rights violator is another cop. The mere existence of the Blue Wall of Silence is the biggest stain on good police. The only way bad cops can get away with their garbage is if so-called good cops look the other way or lie to cover it up.
The ironic part is that bad cops, the ones who are correctable, will probably be grateful for the correction. Social people usually are--they recognize when they're screwing up and although its hard to swallow, don't genuinely object beyond perhaps a temorary protest against correction. Meaning, correct correction is acceptable to social people. Its the ugly ones who won't correct. And, you wouldn't want them around anyway.
So, tear down the Blue Wall of Silence. Utah made a huge contribution with the Tueller Drill. Make another one by forming a police union of good cops to battle on the behalf of good cops to get rid of bad cops and get the gray ones corrected. Or, whatever it takes. Let me see some essays from LT's and Captains in police trade journals decrying the Blue Wall of Silence. Call attention to the issue. Let me see some Letters-to-the-Editor by police officers calling attention to the problem police unions pose when they side with bad cops to keep them on the public payroll, about how bad it is for good cops to work in an environment where they have to worry about bad cops not supporting them when the guns come out on those calls that make their blood run cold. Good cops deserve a good work environment. A good work environment definitely does not include bad cops.
