Policing Matters

Traffic stops are one of the most common activities for law enforcement officers on patrol. They are the epitome of proactive, self-initiated policing. They are also, however, sometimes deadly. Officers can be struck by passing vehicles, dragged by a vehicle fleeing the stop, assaulted physically either with personal weapons (fists and feet) or by weapons up to and including firearms. In this podcast segment, Jim and Doug discuss the benefits of things like the passenger side approach and waiting for backup to arrive before even initiating the stop.

In New York, some 20,000 DUI arrests are in jeopardy because of false verifications due to aging and inaccurate equipment. Agencies are required to conduct regular maintenance of a variety of types of equipment, and yet it would appear that in some cases, that regular maintenance is not being conducted, putting not only convictions at risk, but possibly even lives. In this podcast segment, Jim and Doug discuss the responsibility for agencies to check to be sure their gear is in good working order.

The end of the year is upon us, and looking back it is clear that 2018 zipped by like lightning. During the year, Jim and Doug covered many topics in the weekly Policing Matters podcast. In this special segment, the pair takes a look back at some of the trends and events that mattered in law enforcement in the past 12 months—from lip sync battles to policing the homeless to immigration enforcement.

Too often, when we get off work and out of whatever uniform we wear during the day (or night, depending on your assigned shift), one of the first things we do is to plop ourselves in front of a screen of some kind. We open up the laptop, the tablet, or even our phone, and voluntarily allow ourselves to be assaulted by millions of relentless pixels. In this podcast segment, Jim and Doug discuss the benefits of "unplugging," such as strengthening interpersonal relationships, reducing overall stress, and increasing emotional intelligence. Unplugging can even lead to better physical fitness and weight loss.

The Camp Fire in Northern California is the deadliest, most destructive wildfire in the state's history. The entire town of Paradise was destroyed, displacing as many as 50,000 people who now find themselves homeless, possessing only the clothes they wore in the hasty exodus from the disaster area. Among those who lost all their material possessions are some of those first responders fighting the fire and delivering people to safety. In this podcast segment, Jim and Doug discuss how first responders deal with such massive operations.

Young people are on social media for many hours a day — posting on sites and apps such as Facebook, Instagram, Snapchat, and Twitter. Social media posts — even those that have been deleted — live forever, and inappropriate posts can have an adverse effect on a kid's future many years down the line. Furthermore, many online interactions can turn ugly. Too often, a social media post can influence young people to contemplate dying by suicide. In this podcast segment, Doug Wyllie sits down with Brentwood PD Officer Mitch Brouillette, who serves as the SRO at Heritage High School, to discuss a program he created — Pause Before You Post — aimed at keeping kids safer online.

Police officers have a unique opportunity to positively influence the lives of countless children — many of whom do not really have very many positive role models in their lives — to become productive members of society when they grow up. Significant opportunities exist for those officers to not just help kids see what "doing good" looks like, but to influence them to have the desire to "do good" themselves. In this podcast episode, Doug Wyllie sits again with Brentwood PD Officer Mitch Brouillette, who serves as the SRO at Heritage High School, to discuss how cops can be their department's best recruiters.

Officer Mitch Brouillette of the Brentwood, California Police Department was the subject of a heartwarming "practical joke" executed by the students of Heritage High School, resulting in a video posted to the Internet that quickly went viral. The students concocted an elaborate ruse, coupled with a live song and dance performance, as well as some incredibly thoughtful gifts in thanks to "Officer Mitch" for all the things he does for them. In this podcast episode, Brouillette sits down with Doug Wyllie at the school to describe that day.

The Ninth Circuit Court of appeals unanimously ruled in favor of a lawsuit by people experiencing homelessness that challenges laws making it illegal to sleep on public property overnight. The constitutional ban on cruel and unusual punishment under the Eighth Amendment prohibits "criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter," the court said in its decision. In this podcast segment, Jim and Doug discuss how the decision could impact cities with sit/lie laws, which prohibit sitting or lying on the sidewalk.

The California Legislature recently passed (and Gov. Jerry Brown then vetoed) a controversial piece of legislation — Assembly Bill 186 — that would have allowed entities to open so-called "safe injection sites" — facilities where drug users would be able to shoot up in an enclosed environment supervised by medical professionals on the lookout for signs of overdose. The trouble is, doing so is in direct contravention with Federal law. In this podcast segment, Jim and Doug discuss the reasons such sites are not a good approach to solving the opioid epidemic.

Crime Prevention Through Environmental Design (CPTED) is defined as a multi-disciplinary approach to deterring criminal behavior through environmental design. CPTED strategies rely upon the ability to influence offender decisions that precede criminal acts by affecting the built, social and administrative environment. In this podcast segment, Jim and Doug discuss how architecture and landscaping, outdoor lighting, and other environmental elements can help to reduce crime.

There is no argument that police pursuits can sometimes end in fatal collisions — crashes that kill fleeing suspects, police officers, and innocent bystanders. Police pursuits are an inherently dangerous endeavor. As some police agencies examine "no pursuit" policies, others are looking at new GPS tracking technologies that allow police to drop back and watch a monitor for where the suspect vehicle ends up. In this podcast segment, Jim and Doug discuss the technology — the potential upside as well as some minor flaws.

DUI doesn't mean just alcohol — it means driving under the influence, and driving under the influence of marijuana is a crime in every state in America. The trick is detecting the impairment, which is now only really done with field sobriety tests — there is no breathalyzer for marijuana, although some companies are getting close to solving that riddle. In this podcast segment Jim and Doug discuss the difficulty with detecting and enforcing impaired driving as a result of marijuana intoxication.

At the time of this recording session, 92 police officers in America have died by suicide. In Chicago, three officers died by suicide in the span of one month. In 2017 that number was 154, and in 2016 there were 138 verified instances in which an officer died by suicide. And these are just the officers we know about. In this podcast segment, Jim and Doug discuss the warning signs for officers to watch out for of a colleague potentially approaching crisis, as well as available resources for officers to get the help they need.

According to the U.S. Department of Housing and Urban Development there are more than 553,000 homeless people nationwide. California alone has an estimated 134,000 homeless individuals. Homelessness in and of itself is not a crime, but a lot of things that go along with it are crimes, and citizens rightly want the crimes taking place on the sidewalks in front of their homes and businesses to stop. The trouble is, even for the most serious crimes, the offenders are usually back out on the street quickly, with nothing really being solved. In this podcast segment, Jim and Doug discuss the failed strategies that have led to widespread chronic homelessness, and offer some new ideas to fix the problem.

One cannot understate the importance for officers to eat right and stay in shape in order to tackle whatever comes their way on patrol. Officers need to have muscular strength to overcome resistant subjects. They need speed and endurance to apprehend a subject fleeing on foot. Another great physical asset is flexibility, which can help reduce the likelihood of injury. There are most definitely officers out there who are truly specimens of physical wellness. There are others who are not in great shape. In this podcast segment, Jim and Doug discuss how out-of shape-cops are a danger to themselves and others, and offer some best practices for wellness.

We all know bad leadership when we see it. It couldn't be more plain or obvious when a person in a position of authority loses (or never had) the commitment or allegiance of the people over whom they have authority. It's equally clear when we're in the presence of a great leader — someone we'd follow into hell with nothing but a bucket of water and a hastily assembled plan. In this podcast segment, Jim and Doug discuss the traits of a good leader.

In recent years, protesters, politicians, and some members of the press have decried what they call the "militarization" of American law enforcement. Citing things like the acquisition of equipment through the 1033 program — which has enabled law enforcement agencies to remain effective despite diminishing budgets — critics have said that police in America are too heavily armed and armored. What they don't realize is that compared to many police agencies around the world, the average cop in the United States is woefully under-equipped. In this podcast segment Jim and Doug discuss Jim's recent trip to Europe and what he saw there compared to what we have here.

In late June, the FBI released what it called "Phase Two" of the agency’s ongoing examination of active killer events that took place between 2000 and 2013. In Phase One of the study, researchers focused on the circumstances of the active shooting events — location, duration, and resolution of the attacks — but did not attempt to identify the offenders’ motives or any “observable pre-attack behaviors.” In this podcast segment, Jim and Doug discuss how the report confirmed a lot of the conclusions about these attackers that most police officers already suspected, and why the public should be the primary audience for this particular document.

It's no secret that police agencies across the country are seeing a massive downturn in the number of people who want to join the ranks. Millennials entering the workforce look at policing — with diminishing pay, vanishing pensions, high risk of death or great bodily harm, and of course, a hostile public — and are deciding en masse to choose another career. Policing is not an 8-5 job with weekends off and unlimited yogurt parfaits and protein bars in the galley. In this podcast segment, Jim and Doug discuss the problem of recruiting new officers, and address some of the things that can be done about it.

There have been dozens — if not hundreds — of videos posted to the Internet of individual officers and whole departments dancing and lip-syncing to popular music. It's become "a thing" with multiple mainstream media outlets picking up on the craze and reporting on their local agency's entry into the challenge. Do they do anything to "move the needle" in reducing anti-police sentiment? Probably not (or at least, not much). But they do serve some purpose. In this podcast segment Jim and Doug discuss the pros and cons of cops caught on video, singing and dancing their hearts out.

The United States Supreme Court recently ruled on two cases involving police officers conducting warrantless searches. One case involved a stolen motorcycle secreted under a tarp near the offender’s girlfriend’s residence. The other involved a man driving a rental car that had been rented in the offender’s girlfriend’s name. In this podcast segment, Jim and Doug discuss the impact these two cases may have on law enforcement.

De-escalation is the latest buzzword. A couple of weeks ago, we spoke about a Seattle officer who faced some manner of “disciplinary action” for taking down an axe-wielding man because he failed to de-escalate the situation. But de-escalation is not a tactic like Verbal Judo utilizing Dr. George Thompson's concepts or some other communications wizardry. De-escalation is a desired end state. It is doing what is necessary to take a volatile and/or violent situation and making it less volatile and/or violent. In this podcast segment, Jim and Doug discuss the fact that cops have literally talked people off of ledges and into handcuffs for decades, and the fact that de-escalation requires the willingness of the other participant in a situation — the offender.

The DOJ recently released an updated study from the Bureau of Justice Statistics (BJS) showing that 83 percent of prisoners released by states under so-called “jailbreak” programs were re-arrested within nine years of their release. Astonishingly, just days after the DOJ report was released, the House of Representatives passed a “prison reform” bill by a margin of 360–59. Dubbed the First Step Act (short for Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act), the bill seeks to incentivize federal inmates to participate in rehabilitation programs that ostensibly would give them skills to re-enter society without committing more crimes. In this podcast segment, Jim and Doug discuss the topics of re-entry and recidivism.

Video recently surfaced showing a Seattle officer taking down an axe-wielding man with a come-from-behind open-field tackle worthy of a Sportcenter highlight. The officer subsequently faced some manner of “disciplinary action” for the apprehension. In this podcast segment, Jim and Doug discuss the overreaction of supervisors to harshly remind us that no good deed ever goes unpunished.

In mid-April, cops were called to a Philadelphia Starbucks because two patrons who happened to be black refused to either make a purchase or leave the establishment. A Yale University student who was napping in a common room was awakened and questioned by police after a fellow student called 911 and said that the woman didn’t look like she belonged there. In this podcast segment, Jim and Doug discuss the fact that cops are increasingly called to various non-events and how they should handle them.

For the past three podcast segments Jim and Doug have been joined by Vallejo Police Lieutenant Jason Potts, who brought to the table the value of scientific method in determining policing strategies and tactics. Those conversations have (hopefully) increased listeners' interest in finding ways to use concepts like SARA (Scanning, Analysis, Response, and Assessment) and POP (Problem-Oriented Policing). In this podcast segment, Dudley, Wyllie, and Potts talk about The American Society of Evidence-Based Policing, a 501(C) (3) national non-profit, non-partisan organization that can assist you in quickly leveraging these methodologies at your department.

During the 2017 holiday shopping season, Vallejo (Calif.) police conducted a crime prevention campaign aimed at reducing auto burglaries in the parking lots of the major shopping centers in their jurisdiction. The campaign, entitled “Hide it, Lock it, Take it” included crime awareness fliers and billboards, undercover surveillance, increased marked patrols, and even decoy cars. Following the campaign, VPD utilized the SARA (Scanning, Analysis, Response, and Assessment) concepts developed by Herman Goldstein in 1979 to scientifically determine their effectiveness in reducing crime. In this podcast segment, Jim and Doug are joined by Vallejo Police Lieutenant Jason Potts in a discussion about problem-oriented policing (POP) and the use of scientific analysis in law enforcement.

When the Vallejo (Calif.) Police Department began considering the purchase of Automated License Plate Readers (ALPRs), they didn’t just take the vendor’s word that the equipment would be successful in helping to capture criminals and reduce crime. Command Staff wanted to have proof, so with the assistance of a group of researchers from New York University, they employed what has become known as Evidence-Based Policing. They conducted a randomized control trial, which allows researchers to prove or disprove a theory. In this podcast segment, Jim and Doug are joined by Vallejo Police Lieutenant Jason Potts in a discussion about the VPD experiment, as well as Evidence-Based Policing in general.

In 2014, California voters overwhelmingly (59 percent to 41 percent) passed Proposition 47, a law that downgraded a variety of crimes — such as burglary, shoplifting, and grand theft — from felonies to misdemeanors. If the value of the stolen property is under $950, the perpetrator will likely receive no penalty, creating a “green light” for bicycle thieves. “A thief may now steal something under that limit on a daily basis and it will never rise to felony status,” said the National Review in early 2018. In this podcast segment, Jim and Doug are joined by special guest Vallejo Police Lieutenant Jason Potts in a discussion of the unintended consequences for citizens and police created by the law.

In late April, police arrested a 72-year-old Joseph James DeAngelo for a series of rapes and murders committed in the 1970s and 1980s. Dangelo (a.k.a. the Golden State Killer) was apprehended when a surreptitiously obtained DNA sample matched the DNA of relative on the other side of the country who had registered with a website and service that enables users to trace their family heritage. In this podcast segment, Jim and Doug discuss the ever-increasing role of DNA evidence — as well as the rapidly growing use of publicly available DNA databases — in police investigations.

A trend in retail sales is to instruct employees to not attempt to stop a shoplifter. Such “no pursuit” policies among retailers have implications for police. Principally, this turns a responding officer into little more than a report taker, not an enforcer of the law. Further, those same stores that refuse to prevent the loss of products to theft simultaneously demand that officers be more present in their neighborhoods to prevent criminal activity. In this podcast segment, Jim and Doug discuss the impact that private sector “no pursuit” policies have on public sector police.

While attending ILEETA 2018 in Saint Louis in late March, I heard from multiple reliable sources that at least one nearby restaurant had something of a “sick out” among employees when they learned that the hotel next door was hosting some 800 of the most elite law enforcement trainers and educators in North America. Subsequently, service at the restaurant was impossibly slow. I didn’t experience this first hand, but enough people told the same story, so I tend to believe it. Some restaurants and other establishments refuse to serve cops. Worse, some places serve the police, but with some pretty vulgar extra ingredients. Meanwhile, some big restaurant chains go out of their way to warmly welcome police patrons. In this podcast segment, Jim and Doug discuss the issues related to meals on your tour.

The year is 1983. A University of California Santa Barbara student named Marcy Nicholas is stalked by an ex-boyfriend and brutally murdered. A week after Marsy was murdered, her mother and brother are confronted by the accused murderer in a grocery store. They had no idea that he had been released on bail. Dr. Henry Nicholas — the key backer and proponent of Marsy’s Law — notes that criminals have more than 20 individual rights spelled out in the U.S. Constitution, while the surviving family members of murder victims have none. States such as California, Illinois, North Dakota, South Dakota, and Ohio are considering — or have already passed — laws and Constitutional amendments that address this disparity. In this podcast segment, Jim and Doug discuss issues related to victims’ rights (or lack thereof).

Recently, Sacramento police officers were investigating reports of a man who had been smashing car windows and was bounding fences in people’s backyards. In the body camera footage released soon after the OIS, one can hear an officer shouting, “Show me your hands! Stop!” The subject continued to flee. The officers continued their pursuit. Upon making contact with the individual, one cop shouted “Show me your hands! Gun! gun! gun!” Both officers opened fire. What Stephon Clark had in his hands was not a gun — it was a mobile phone — but in the dark during a rapidly unfolding, high-stress situation such as this, an objectively reasonable (Graham v. Connor) officer could easily have perceived a weapon. The family is calling for criminal prosecution of the officers. Protesters shut down an NBA game in Sacramento in response to the shooting. In this podcast segment, Jim and Doug discuss how the mainstream news outlets and social media — along with the efforts of organized groups — creates such an uproar after an officer-involved shooting.

United States Attorney General Jeff Sessions recently issued a one-page memo calling for death penalty for drug dealers when it is “appropriate.” Sessions asked prosecutors to seek the death penalty for drug-related offenses as part of an effort to combat the opioid crisis. The memo said, in part, “Drug traffickers, transnational criminal organizations, and violent street gangs all contribute substantially to this scourge. To combat this deadly epidemic, federal prosecutors must consider every lawful tool at their disposal.” According to a Quinnipiac University poll taken just days after the release of the memo, 71 percent of Americans queried on the subject oppose such a policy. In this podcast segment, Jim and Doug discuss whether or not such a policy targeting “large-scale drug dealers” might become a judicial quagmire.

April is Child Abuse Awareness Month. Police are among the people who are “mandatory reporters” of suspected abuse or neglect. Abuse can take many forms — from physical harm to emotional damage. One relatively unknown form of child abuse is Female Genital Mutilation (FGM) — the practice of the removal of a female’s clitoris and labia. Women in places like Dijibouti, Egypt, Guinea, Mali, Northern Sudan, Sierra Leone, and Somalia have undergone this brutal “procedure.” Astonishingly, this brutal form of child abuse is becoming prevalent in the United States. In this podcast segment, Jim and Doug discuss how police should respond to reports of FGM.

At a crime scene, patrol officers, investigators, and others need to do a lot of things simultaneously. They must create and maintain an inner and outer perimeter, ensuring that access is only given to those who warrant it. They must begin a crime scene log and maintain it all the way through. They must preserve evidence, and make note of how evidence may have been affected by responding EMTs and/or firefighters. In this podcast episode, Jim and Doug discuss the best practices for ensuring that the scene is processed thoroughly and properly.

A study by two professors from the School of Professional Psychology at Pacific University examined 47 officers with an average tenure of nearly 14 years from police departments around the Pacific Northwest who engaged in exercises designed to enhance their physiological and psychological resilience. They practiced body-awareness exercises, mindful movement, martial arts exercises, and meditating while walking, sitting, and eating. In this podcast segment, Jim and Doug discuss what “mindfulness” really is, and how it can benefit officers and organizations.

The most fundamental aspect of community policing is having cops personally and proactively interacting with the community. That’s mighty difficult to do when you have two thousand pounds of police cruiser wrapped around you, with the windows rolled up and the radio chirping. In recent years, we’ve seen many agencies increase their foot patrols, especially in downtown business districts where there is a lot of pedestrian traffic, and the sidewalk presence of police officers can help to prevent everything from cell phone theft to shoplifting. However, there are other alternatives to explore. In this podcast segment, Jim and Doug discuss the ways in which police can remain mobile for rapid response, and yet also remain available for affable conversation with the average citizen.

JD “Buck” Savage humorously taught officers to write accurate reports when he said, “Saw drunk. Arrested same.” Thorough, well-written reports get results. Sloppy reports with a dearth of information let the guilty run free. In this podcast segment, Jim and Doug discuss best practices for report writing, and ponder what the future holds, as artificial intelligence and body-worn cameras may one day lead to semi-autonomous report writing or even fully-autonomous report writing.

The shooting at Marjory Stoneman Douglas High School in Parkland, Florida was a failure of law enforcement from start to finish. In January, the FBI received tips that the 19-year-old shooter had expressed a disturbing desire to kill people both verbally and in social media posts. The FBI did nothing. There are reports that as many as 39 calls were made to the Broward County Sheriff's Office about the kid-turned-killer. Many of those calls included details about how the gunman spoke of his desire to “shoot up the school.” In this podcast segment, Jim and Doug discuss the fact that, while we cannot have cops snatching people up like “Thinkpol” did in Oceania, or looking for “Precogs” from Minority Report, with such an abundance of inbound calls about an individual, further action should have been taken.

Following the tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, there have been renewed calls for arming teachers who qualify mentally, emotionally, and physically to carry a concealed firearm. Any such program would require careful vetting, police training, constant re-evaluation of the people and the program itself. There would need to be budget put aside for everything from the guns and ammo to the administration of the program. That having been said, three states are now considering legislation to allow teachers to be armed. The president has called for arming teachers and has the power by executive fiat to make it happen. In this podcast segment, Jim and Doug discuss whether or not American schools should remain “gun free zones.”

Research from Force Science Institute reveals that in order to get the most accurate and detailed information from officer-involved shootings or other high-intensity events, officers should be allowed a recovery period of at least 48 hours before being interviewed in depth about the incident by IA or criminal investigators. Further, the manner in which the interview should be conducted should not be adversarial or confrontational — instead, a process called the cognitive interview should be used. In this podcast segment, Jim and Doug discuss some ways in which police agencies can improve the way cops are treated following a critical incident.

Until fairly recently, FAA regulations seemed somewhat unclear about exactly when and how law enforcement agencies can use UAVs. Now that there is a little deeper understanding of the legal parameters, police agencies are beginning to adopt the technology. The most obvious use for a UAV in law enforcement is for search and rescue operations. Drones can get under the canopy of thickly wooded areas and see what officers in a helicopter could not. Further, this technology can be helpful in standoff situations and other incidents where getting “eyes on” from a distance provides a tactical advantage for police. In this podcast segment, Jim and Doug discuss the ways in which police can use UAVs.

Recently, a news item appeared on PoliceOne about eight police cadets who were injured during defensive tactics training at their academy. This sort of thing is not terribly uncommon. Police training is necessarily difficult, and comes with some degree of danger. But the question becomes, how can police conduct training (both academy and in-service) that is as close to reality as possible, but still safe enough that injuries are minimized? In this podcast segment, Jim and Doug discuss the different options police have at their disposal to mitigate this matter.

You have the right to free speech. But being a cop is not a right — it is a privilege. That privilege can be taken away from you in the event that you conduct yourself in any way deemed to reflect poorly on the department. This is particularly true of incendiary statements made on social media platforms like Facebook, Twitter, and the like. Cops are held to a higher standard than other government employees and speech on social media is included in that higher standard. As Supreme Court Justice Holmes said way back in 1892, “The petitioner may have a Constitutional right to talk politics, but he has no Constitutional right to be a policeman.” However, the Court has also recently ruled in offices’ favor, saying that some agency policies contain unconstitutionally overbroad prior restraint on protected speech. Jim and Doug discuss some of the pitfalls of posting your opinions to the Internet, as well as some of the nuances of coming up with a solid policy that’s beneficial to all parties.

Most thoughtful police leaders know that they are in perpetual peril that something so monumentally ugly goes down in their jurisdiction that cable satellite trucks will rain from the sky and take up residence in the parking lot of the nearest big-box store. Whether it is an officer-involved shooting or an active shooter event, the cameras will be rolling and the story will be you and your agency. How do you prepare for this? Jim and Doug discuss some ways to ready yourself and your department.

Police officers at the line level can demonstrate leadership just as much as the chief in the big office. In fact, line level officers and their immediate supervisors are the raw materials from which the most visible forms of police leadership are formed. What does it take to turn street leadership skills into promotions in rank and responsibility? Jim and Doug discuss the traits of a good leader, no matter what rank they’ve attained.

Under federal law, marijuana is illegal. Meanwhile, 30 states and the District of Columbia currently have laws legalizing marijuana for either medical or recreational use. This discord puts the Justice Department in a legal bind. Under President Obama, Deputy Attorney General James Cole drafted a memo saying that the Feds would defer to state and local agencies to enforce their own marijuana laws, with federal involvement directed only at drug cartels and activity in states where pot was still illegal. But in the first week of 2018, the mainstream media reported that Attorney General Jeff Sessions plans to lift those Obama-era restrictions on Federal enforcement of drug laws in jurisdictions that have voted to legalize marijuana. However, Sessions stopped short of directly encouraging U.S. prosecutors to bring marijuana cases. Jim and Doug discuss the ramifications of the new position of the DOJ.