Category Archives: police

Seattle Implements “Police Ruse” Policy

Lies We Tell Ourselves: How Deception Leads to Self-Deception - Scientific American

In a press release, the City of Seattle announced the implementation of the nation’s first policy governing the use of police patrol ruses.

Mayor Bruce Harrell directed the SPD to develop the new policy. It comes a few years after a Seattle officer’s ruse contributed to the suicide of a hit-and-run driver in 2018. Another controversial ruse was when officers created fake radio traffic to try and get protesters away from the CHAZ/CHOP zone in 2020. Those cases undermined the public’s trust and confidence in police, according to the SPD.

“Effective public safety requires community buy-in, and this new policy is an important step to build understanding with the public, demonstrating that for SPD operations to be successful, they must be paired with a commitment to unbiased, constitutional policing . . .This innovative new policy will lead to better police work thanks to the voices of many, including the media who brought attention to this tactic, community members who called for guidelines to match our values, and Seattle accountability and police leaders who developed a plan to make that vision real.” ~Seattle Mayor Bruce Harrell

WHAT IS THE “RUSE POLICY?”

The Ruse Policy recognizes that while this tactic may be necessary in specific situations to support public safety, the need and conditions for its use should be strongly and clearly defined. The new ruse policy sets substantial guardrails around the use of ruses, limiting the use by patrol officers to these five scenarios:

  • De-escalation,
  • To calm or provide comfort to a person,
  • To promote the safety of any person,
  • Scene management, or
  • To bring potentially violent situations to a peaceful resolution.

Additionally, patrol ruses may not be broadcast over radio, social media or any other mass media format, the new policy states. No patrol ruse may involve officers making or implying promises regarding prosecution or filing decisions, and patrol ruses that shock the conscience will not be used.

The policy defines appropriate uses of ruses for de-escalation and investigation, while also creating clear accountability through requirements for documentation, supervisor approval, and protections for juveniles. The policy prohibits ruses broadcast via mass media or false promises regarding prosecution, as well those that plainly “shock the conscience.”

“The Seattle Police department engaged in an in-depth review on the use of ruses, facilitated by the Office of the Inspector General. This first-in-nation policy balances the legitimate use of deception, especially for de-escalation and the safety of all persons, with supervision, documentation, and clear prohibition of ruses that compromise public trust.” ~Seattle Police Chief Adrian Diaz.

The policy will continue to be evaluated and refined based on the now required documentation and new data. The policy also provides an objective standard by which officers’ conduct can be evaluated, creating a framework to hold them accountable when violations occur.

My opinion? Seattle’s Ruse Policy is indeed a novel step in the right direction. Even better, it should only be applied under limited circumstances.

However, intriguing legal issues arise. Can a criminal charge be dismissed if the defendant reasonably relied on a ruse from a police officer? In other words, but for the ruse, would a crime have been allegedly committed? If so, then a defendant’s reliance on a ruse can be Entrapment.

Under Washington law, Entrapment is a defense to criminal charges if the criminal design originated in the mind of police and the defendant was lured or induced to commit a crime that the defendant had not otherwise intended to commit.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

America is Experiencing a Police Officer Shortage

Why is There a Shortage of Police Officers? | National Police Support Fund

Informative article from the Associated Press reports that America is in a police officer shortage. Many in law enforcement blame the coronavirus pandemic and criticism of police that boiled over with the murder of George Floyd by a police officer.

From Minnesota to Maine, Ohio to Texas, small towns unable to fill jobs are eliminating their police departments. They’re turning over police work to their county sheriff, a neighboring town or state police.

At least 521 U.S. towns and cities with populations of 1,000 to 200,000 disbanded policing between 1972 and 2017, according to a peer-reviewed 2022 paper by Rice University Professor of Economics Richard T. Boylan. Interestingly, crime rates were unchanged in towns that dropped their departments, the Rice University study found.

At the heart of the problem is the exodus from law enforcement. Officer resignations were up 47% last year compared to 2019 — the year before the pandemic and Floyd’s killing — and retirements are up 19%. That’s all according to a survey of nearly 200 police agencies by the Police Executive Research Forum, a Washington, DC.-based think tank.

Though the survey represents only agencies affiliated with PERF, a fraction of the more than 18,000 law enforcement agencies nationwide and is not representative of all departments, it’s one of the few efforts to examine police hiring and retention and compare it with the time before Floyd’s killing.

Compounding the exodus of veteran officers, young people are increasingly unwilling to go through the months of training necessary to become a police officer, said Chuck Wexler, executive director of the Police Executive Research Forum.

“Fewer people are applying to be police officers, and more officers are retiring or resigning at a tremendous rate . . . There’s a shortage of police officers across the country.” ~Chuck Wexler, executive director of the Police Executive Research Forum.

Agencies of all sizes are struggling to fill open positions. But the problem is especially dire in smaller communities that can’t match the pay and incentives offered by bigger places.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Study Recommends Police Pursuits be Limited to Violent Crimes

New study recommends police pursuits be limited to violent crimes | KOMO

According to a new study, police pursuits should be rare and limited to violent criminals who pose an imminent threat.

The research by the Police Executive Research Forum (PERF), a think tank on law enforcement standards, references Washington state and the pursuit law changes adopted here as part of its research. In its report, “Vehicular Pursuits: A Guide for Law Enforcement Executives on Managing the Associated Risks,” PERF recommends that a pursuit should only be initiated under two conditions: (1) If a violent crime has already occurred and (2) if there is an immediate risk that the suspect will commit another violent crime.

According to PERF, pursuits pose dangers to officers, unsuspecting bystanders, suspects, and the community at large. The latest national data on police vehicle pursuits revealed that for every 100 pursuits, there were two severe injuries and 10 minor injuries. Of these serious injuries, suspects accounted for 76%, non-involved persons accounted for 21%, and law enforcement officers made up 3%.

The report showed statistics from the National Highway Traffic Safety Administration, revealing that in 2020, the number of fatal crashes related to police pursuits reached a peak of 455. This was the highest number since 2007 when the fatalities stood at 372. Several police departments have reported a significant increase in the number of individuals attempting to evade law enforcement during traffic stops.

The report is broken up into six sections:

  • Agency philosophy and policy standards
  • Initiating and discontinuing the pursuit – the role of a supervisor
  • Pursuit interventions/alternatives and technology for managing pursuits
  • Post-pursuit reporting
  • Vehicle pursuit training
  • Community engagement.

Under Washington law, police are allowed to chase suspects involved in violent offenses, sex offenses, vehicular assaults and domestic violence assaults. There is also a provision that would require officers engaging in pursuit to have emergency vehicle operator training and be certified in at least one pursuit intervention option, such as spike strips.

The study recommends that chasing a suspect should only be allowed if they are both a violent criminal and pose an imminent threat. Washington allows pursuits in some non-violent situations, such as DUI or to catch an escapee.

The PERF study also advises that pursuits should not be a routine part of law enforcement work. Researchers said the safety of fleeing suspects, their passengers, pursuing officers and community members is too important to risk on a regular basis.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Whatcom Sheriff’s Office & Jail Flooded by Inmate

Fire sprinkler system - Wikipedia

. . . just another reason for a new jail.

Last Sunday, the Whatcom County Sheriff’s Offices and Jail was flooded by a sprinkler head that was tampered with by an inmate. The flooding caused over $5,000 in estimated damages, the Sheriff’s Office reported.

Corrections deputies quickly learned that the heavy water flow was from a sprinkler head that had been tampered with by an inmate. The amount of water quickly overwhelmed the drains and flooded the entire first floor of the jail. Corrections Deputies, Sergeants and inmate workers pulled together to mitigate the water flow and guide it to drainage.

The water began seeping into the Sheriff’s Office administrative space, which is located below the jail. Large volumes of water penetrated portions of the Sheriff’s Office ceiling, causing significant damage to interview rooms, offices and electronic equipment.

Corrections staff contacted Whatcom County Facilities Department, which maintains the jail facility. The Bellingham Fire Department was also contacted and was able to turn off the main water line approximately 15-20 minutes later.

Flooding from the jail is an ongoing concern. Over the years, broken pipes (including sewage pipes) and inmate vandalism have led to numerous flooding incidents.

Estimated damages from this flooding are currently over $5,000.00 and growing. Probable cause exists to charge the inmate with Malicious Mischief First Degree.

“The water began seeping into the Sheriff’s Office administrative space, which is located below the jail. Large volumes of water penetrated portions of the Sheriff’s Office ceiling, causing significant damage to interview rooms, offices and electronic equipment.” ~Whatcom County Sheriff’s Office

Whatcom County Officials are preparing to place another jail tax on the November ballot for the third time in eight years. That measure would build a new and larger facility and include provisions for mental health and substance abuse treatment, along with programs to keep individuals out of jail.

My opinion? It’s time Whatcom County voted “Yes” to a new jail. It benefits all parties,  including inmates, the public and police. Clearly, the safety of Whatcom County’s police officers is at risk when hijinks like this take place.

Washington’s 2022 Crime Report: Homicides Are Up, Police Staffing is Down

The Washington Association of Sheriffs and Police Chiefs‘ (WASPC) reported that Homicides and other violent crimes increased in Washington state at a dramatic pace last year.

“The rate of murders, violent, and property crimes rose across the state, while the number of officers available to respond and serve our communities decreased again in 2022. There were 394 murders in 2022, an increase of 16.6% over 2021. This is the highest number of murders recorded since WASPC began collecting this data in 1980. Homicides have increased by 96% since 2019. Crimes against persons, property, and society all increased in 2022, and violent crimes showed an increase of 8.9%.” ~WASPC 2022 Crime Report

The report analyzed 2022’s crime data across the state. It was compiled with data from 231 state, county, municipal, and tribal agencies within Washington.

WHAT DOES THE OTHER DATA REVEAL?

Other significant trends the report disclosed were motor vehicle theft rising by 34%. Also, nearly 46% of all crimes against persons were defined as domestic violence. Moreover, 544 hate crimes were reported last year. Finally, the state logged 719 fewer arrests for drug or narcotic violations.

This data follows a pattern the state saw last year with increases in violent crime. According to WASPC’s report, violent crime increased by 12.3% from 2020 to 2021. There were 325 murders recorded in 2021, an increase of 5.9% over 2020. The year 2021 had the highest number of murders recorded before 2022 broke its record.

ENROLLMENT FOR LAW ENFORCEMENT OFFICERS DECREASED.

“The total number of commissioned officers statewide was 10,666, down from 10,736 in 2021, while the total population of the state increased by 93,262,” the report continued. “Washington again is ranked 51st out of the 50 states and District of Columbia for the number of officers per thousand residents. Reported cases of officers assaulted were 2,375 in 2022, an increase of 20.7%.”

The report said the reduced law enforcement staffing means less ability to provide justice for victims, fewer people to de-escalate, less behavioral health assistance and many agencies “treading water.”

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Police Departments Relaxing Recruitment Qualifications

Learn About Becoming a Police Officer

NewsNation reports that police departments nationwide are struggling to recruit new officers, especially as more agencies have reported upticks in resignations and retirements.

Across major American cities, new strategies and relaxed entry requirements are being implemented. Some say it helps gain new recruits, while others believe it will weaken police forces. According to the International Association of Chiefs of Police, 78% of agencies reported issues recruiting qualified candidates. About 50% of agencies have changed their internal policies in order to gain additional qualified candidates. And about 25% of law-enforcement agencies said they eliminated services, units or positions altogether due to an inability to staff their departments adequately.

Nowadays, departments are coming up with new ways to appeal to recruits. The city of Golden, Colorado, is shifting to a 32-hour workweek. This, while still promising they will maintain the same number of officers patrolling the streets.

“Thirty-two-hour work week, where pay, benefits, things of that nature do not change,” said Sgt. Ben Salentine of the Golden Police Department. “That gives each one of our employees that extra time to spend how they want. Do they want to use an extra eight hours a week to go to the gym? Go for it. Spend it with your family? Go for it. That (is) recreation time that really allows us to really be our best selves for the community.”

The Golden Police Department is expected to start the four-day workweek program on a six-month trial. City officials believe the change will improve employee retention, engagement and the well-being of their officers.

Other cities such as New Orleans and Chicago have waived college credit requirements for some recruits. And in other states including Massachusetts, departments have eliminated the sit-up test due to the number of recruits failing to meet the requirement, preventing them from joining the force.

My opinion? Law enforcement is a difficult profession. Police work is rife with stressors. They experience sleep deprivation, long shift hours, societal isolation, and continued exposure to negative human elements. Police are in constant danger. It’s no wonder many become overly suspicious of everything and everyone.

It is also important to realize that they take an oath to serve and protect their community.  Police misconduct may happen during the course of contact and/or arrests. When it does, police contact may include unlawful searches and seizures.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Increased DUI Patrols in Whatcom this New Year’s Weekend

Celebrate safely, avoid a DWI on New Year's Eve - AvvoStories

Informative article by journalist Alyse Smith reports that Whatcom County police will increase the number of patrols through Jan. 1st. This comes with an effort to prevent “further tragedy by removing impaired drivers from Washington roads,” according to a Washington Traffic Safety Commission news release.

As traffic deaths reached a 20-year high in 2021, 2022 had an even higher number of fatalities, with 15% more deaths in 2022 from January through October alone. More than half of traffic fatalities each year involve impaired drivers, according to the news release.

“Impaired driving crashes are totally preventable. We can all do our part to keep impaired drivers off our roads so that no one has to miss their loved ones during the holiday season.” ~Mark McKechnie, Washington Traffic Safety Commission.

If you’re out driving in Whatcom County and a police officer pulls you over, there are a few things you can expect if you are driving impaired, according to Carr Lanham, Target Zero manager for the Washington Traffic Safety Commission.

If a police officer is attempting to pull you over, pull over and stop at the next safest location where you and the police officer can safely get off the road. You should not get out of your vehicle, but keep your hands on the steering wheel until the officer asks you to get your license, registration and proof of insurance, according to Lanham.

People arrested for DUI in Whatcom County are booked into the Whatcom County Jail, and bail is not available until they go before a judge.

The minimum consequence for a DUI arrest in Whatcom County is 24 hours in jail, and the maximum penalty is 365 days, unless it is a felony DUI arrest, according to Lanham. There is a maximum fine of $5,000, and those convicted of a DUI can also receive a 90-day suspension of license, be ordered to alcohol and drug treatment and a five-year probation, according to Lanham.

The commission also encourages drivers to avoid driving impaired, and advises drivers who know they will be drinking alcohol or using cannabis to arrange a ride home ahead of time or call a rideshare service. And if you see a driver who is driving erratically and may be impaired, the commission encourages you to call 911.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Eliminate Unnecessary Traffic Stops

New Report Details How Routine Traffic Stops Turn Deadly

Excellent article by Finesse Moreno-Rivera gives solutions to eliminating unnecessary traffic stops. Unfortunately, many of these impromptu occurrances become escalated and result in fatalities. To protect motorists and police, we need better protocols.

The Data

According to recent data from Mapping Police Violence, an unfortunate amount of civilian deaths occur during traffic stops.  In many cases, the police department responsible refused to provide details or justification. Purported traffic violations account for about 40% of these killings. And almost half of those involved individuals under the influence of drugs, alcohol or with mental illness.

In nearly 430 of these fatal traffic stops, the victim was suspected of carrying a weapon. But in 20% of the cases – that’s more than 80 deaths – the individual was unarmed. In about 350 deadly incidents, the officer initiated a traffic stop for unspecified circumstances.

To reduce police violence, states need to reform their policies:

Limit stops for minor traffic violations. Clearly, more states need to adopt policies to prevent police from pulling over nonthreatening vehicles. Cities such as Los Angles and Philadelphia have passed legislation to end unnecessary traffic stops. These reforms aim to decrease unnecessary exposures to danger and to mitigate police’s tendency toward racial bias. We must stop pulling vehicles over for minor traffic violations with intent to investigate for larger offenses. Instead, we must incentivize officers to determine whether a vehicle is involved in a serious crime before pulling them over.

Eliminate incentives for ticket revenue. The financial incentive for police to stop drivers has been an issue for a long time. This is because many communities rely heavily on ticket revenue. Many local and state governments are so dependent on officers’ traffic stops for revenue, they often evaluate officers based on ticket quotas. This system attaches monetary gain or promotions to the number of tickets issued. Making matters worse, the federal government awards municipalities money for the number of tickets issued. This negative financial incentive goes all the way to the top, establishing a system conducive to corruption. To date, more than 20 states have prohibited quotas. This is a step in the right direction.

Create national campaign for traffic stop awareness. Police academies train recruits in basic traffic stop fundamentals. However, motorists in driving school do not get the run-down on police procedures. This unpreparedness increases the risk of danger for both motorists and officers. The lack of standardization in traffic stop conduct is a real problem.

Motorists can send mixed signals to officers or be wary of traffic stops, especially if they’re a person of color. Teaching drivers about police protocol and their rights and responsibilities would promote safe and effective roadside communication.

Some organizations already offer this kind of roadside safety education. The National Association of Black Law Enforcement hosts events in Black communities to teach people the risk of traffic stops, how to act when stopped by police given what police are trained to watch for, and what their actions will communicate to their officers.

Police reforms so far aren’t keeping people from dying. The only way to protect motorists and officers is to limit traffic stops and to promote clear communication between officers and citizens after the sirens have sounded.

My opinion? The challenges facing law enforcement are difficult. Perhaps a shift in protocols would ensure that everyone – officers included – are more safe in their day-to-day contacts with citizens. Let’s prevent Reckless Driving or DUI incidents from becoming lethal. And please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Extraction of Smartphone Data by U.S. Law Enforcement

Mass Extraction | Upturn

A new report from upturn.org reveals that thousands of smartphones are searched by police every day across the US. Unfortunately, most searches are done without a warrant and in violation of the Fourth Amendment’s guarantee against unreasonable searches and seizures.

THE PROBLEM

Law enforcement agencies across the country search thousands of cellphones, typically incident to arrest. To search phones, law enforcement agencies use mobile device forensic tools (MDFTs). This powerful technology allows police to extract a full copy of data from a cellphone. This data includes all emails, texts, photos, location, app data, and more. The report documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia.

“We found that state and local law enforcement agencies have performed hundreds of thousands of cellphone extractions since 2015, often without a warrant. To our knowledge, this is the first time that such records have been widely disclosed.” ~Upturn.org

According to the report, every American is at risk of having their phone forensically searched by law enforcement. Police use these tools to investigate assault, prostitution, vandalism, theft, drug-related offenses, etc. Given how routine these searches are today, it’s more than likely that these technologies disparately affect and are used against communities of color.

The emergence of these tools represents a dangerous expansion in law enforcement’s investigatory powers. In 2011, only 35% of Americans owned a smartphone. Today, it’s at least 81% of Americans. Moreover, many Americans — especially people of color and people with lower incomes — rely solely on their cellphones to connect to the internet. For law enforcement, mobile phones remain the most frequently used and most important digital source for investigation.

THE SOLUTIONS

Upurn.org believes that MDFTs are simply too powerful in the hands of law enforcement and should not be used. But recognizing that MDFTs are already in widespread use across the country, they offer a set of preliminary recommendations that, in the short-term, help reduce the use of MDFTs. These include:

  • banning the use of consent searches of mobile devices,
  • abolishing the plain view exception for digital searches,
  • requiring easy-to-understand audit logs,
  • enacting robust data deletion and sealing requirements, and
  • requiring clear public logging of law enforcement use.

Of course, these recommendations are only the first steps in a broader effort to minimize the scope of policing, and to confront and reckon with the role of police in the United States.

“This report seeks to not only better inform the public regarding law enforcement access to mobile phone data, but also to recenter the conversation on how law enforcement’s use of these tools entrenches police power and exacerbates racial inequities in policing. ” ~Upturn.org

Special thanks to authors Logan Koepke, Emma Weil, Urmila Janardan, Tinuola Dada and Harlan Yu for providing this highly informative and educational material.

Please review my Search & Seizure Legal Guide and contact my office if you are charged with a crime involving a smartphone search. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington Police Say Drivers Aren’t Stopping For Them

See ya! Washington police say drivers aren't stopping for them; cite  pursuit restrictions - OPB

Journalist Austin Jenkins reports that drivers are increasingly refusing to stop for Washington State Patrol troopers. troopers – and other law enforcement agencies also say this is becoming a common occurrence.

The Northwest News Network reports that from January 1 to May 17 of this year, the agency logged 934 failure-to-yield incidents. While the patrol didn’t track this in the past, veteran troopers say there’s been a dramatic uptick in drivers fleeing traffic stops.

“Something’s changed. People are not stopping right now. It’s happening three to five times a shift on some nights and then a couple times a week on day shift.” ~WA State Patrol Sgt. Darren Wright.

Many blame recent police reform laws passed in response to the murder by police of George Floyd in Minneapolis and other high-profile police killings — reforms aimed at addressing racial disproportionality in policing. Minority Republicans in the Legislature criticized many of the changes, including the pursuit law House Bill 1054, and said they jeopardized public safety.

Under House Bill 1054, police officers can’t give chase unless there’s reasonable suspicion to believe the driver is impaired or the higher standard of probable cause to believe they’re an escaped felon or have committed a violent crime or a sex crime.

Even then there are restrictions on when officers can pursue. Officers must balance whether the person poses an “imminent threat” and whether the safety risks of the person getting away outweigh the danger of engaging in a high-speed chase.

Please contact my office if you, a friend or family member are charged with Reckless Driving, Eluding or any other crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.