2018 Warning Bells articles

December 2018 – Use of force “Clarification” clear as mud

The Department’s “Clarification” notice issued on Jan. 22, 2018, says this: “The courts have held that Less-Lethal force are capable of inflicting significant pain and may cause serious injury. Therefore, consistent with the Department’s Use of Force Policy, Less-Lethal force options are only permissible when: An officer reasonably believes the suspect or subject is violently resisting arrest or poses an immediate threat of violence or physical harm. Less-Lethal force options shall not be used for a suspect or subject who is passively resisting or merely failing to comply with commands. Verbal threats of violence or mere non-compliance do not alone justify the use of Less-Lethal force.” [Full article]


November 2018 – Practicality meets science

I have been complaining about this for 23 years, since the League’s attorney rollout program started in 1995. Officers who have been in a shooting and have been awake for 24 hours cannot give accurate interviews. They should be allowed to sleep before being subjected to the most important interview of their careers. Scientific research supports this. The Department, however, has resisted the science in favor of the theory that officers who are sent home prior to the interview will make up a story and so must be “nailed down” to a version of events prior to their release. This attitude was reinforced by the Consent Decree requirements. Damn the science—full
speed ahead! [Full article]

October – 2018 They’re Baa-ack

AB 931, a bill by Assembly Member Weber that would have radically changed the standard for uses of force from “objectively reasonable” to “no other reasonable alternative,” was narrowly defeated largely to the efforts of LAPPL Directors Rob Harris and TJ Tarjamo, the support of other California labor organizations, and an LAPPL lobbying team. [Full Article]

September 2018 – Now they want you to think!

A document has hit the LAN regarding Uses of Force. It is a Training Bulletin called “Command and Control (Volume XLVII Issue 4, July 2018). It does not nec­essarily apply when you are under fire. When you are under fire, or about to be under fire, thinking is not going to happen. Physiology will take over and you will revert to muscle memory and training. But when there is time, the Department will be bringing out this new publication to judge your actions. This will be especially true when you are dealing with the mentally impaired armed with a knife or club. [Full article]

August 2018 – Facebook and the First Amendment

I have joked in the past that an officer should be suspended for five days just for opening a Facebook account. Humor aside, what can happen to you while using the internet is no laughing matter. We see internet comments used in many Internal Affairs investigations.  [Full Article]

July 2018 – What if we just give them what they want?

The LAPD is required on July 1, 2018, to be subject to Assembly Bill 953 (now Gov. Code 12525.5, known as the Racial and Identity Profiling Act of 2015). You will be required to fill out a four-page document answering questions about every person you detain or search, no matter what the reason for the encoun­ter. And yes, any pat-down is considered a search. [Full Article]

June 2018 – Beware the ORWITS

It starts with a letter sent to you and the Chief of Police. “Dear Officer X: The Discovery Compliance Unit (DCU) of the Los Angeles County District Attor­ney’s Office (LADA) has been provided information regarding an alleged dis­crepancy between your report and the Digital In-Car Video (DICV) regarding the arrest of a suspect for possession of a firearm while being a felon.”  [Full article]

May 2018 – Smile-You’re on Candid Camera

No one at the League thought posting videos of uses of force on the internet was a good idea. No one at the Police Commis­sion cared. It was going to happen. Period. End of story. The League was allowed to meet with the Commission and express our concerns. Some were listened to, some were not. On March 20, 2018, the Com­mission approved the policy, and some of your videos will be posted on the inter-net. Here is a review of what the policy dictates.  [Full article]

April 2018 – What you need to know about Telematics

The first mention of Telematics being used in a personnel investigation has now crossed my desk, so I guess it is about time to ring a Warning Bell. Telematics is a device installed on your police car that captures informa­tion about the vehicle’s shop number, location, mechanical efficiency, vehi­cle performance and sensor data for such things as light usage, emergency equipment usage, seat belt usage, speed of travel and braking distance, that comes directly from the vehicle’s internal computer. That data is then transmitted over a cellular network, allowing for near real-time monitor­ing. In short, you are being watched, and notes are being taken.  [Full Article]

March 2018 – Time to Change the Officer-Involved-Shooting Protocol

The last of the Body-Worn Video (BWV) cameras will be deployed by the end of February. The buffer on both the Digital In-Car Video (DICVS) and the BWV has been increased to two minutes. The likelihood that every use of force will now be on video has increased substantially. This fact alone has changed the dynamics of the Officer-Involved Shooting (OIS) protocol.  [Full Article]

February 2018 – Biased policing: Deja vu all over again

The Department is still searching hard for that biased policing officer, but the gallows have been hanging empty and gathering dust despite the millions of dollars invested in ferreting out this ultimate crime. But don’t expect the effort to let up.  [Full Article]

January 2018 – Restricting access to private activity on Department video

Two things are happening that makes the knowledge of how to seal portions of body worn video (BWV) more important. The first is that the Department is going to be releasing the video to the public, and the second is that the buffer has been increased to two minutes. Yes, your private conversation, or bathroom activity, could end up on YouTube. [Full Article]