Gangsters in Blue

(Boing Boing 2008-04-07, via Roderick Long 2008-04-08.)

It’s 1:45 p.m. on a Wednesday in February and a Toyota Camry is driving west on the 91 Express Lanes, for free, for the 470th time.

The electronic transponder on the dashboard – used to bill tollway users – is inactive. The Camry’s owners, airport traffic officer Rudolph Duplessis and his wife, Loretta, have never had a toll road account, officials say.

They’ve never received a violation notice in the mail, either. Their car is registered as part of a state program which hides their home address on Department of Motor Vehicles records. The agency that operates the tollway does not have legal access to their address.

Their Toyota is one of 996,716 vehicles registered to motorists who are affiliated with 1,800 state and local agencies and who are allowed to shield their addresses under the Confidential Records Program.

An Orange County Register investigation has found that the program, designed 30 years ago to protect police from criminals, has been expanded to cover hundreds of thousands of public employees — from police dispatchers to museum guards — who face little threat from the public. Their spouses and children can get the plates, too.

This has happened despite warnings from state officials that the safeguard is no longer needed because updated laws have made all DMV information confidential to the public.

The Register found that the confidential plate program shields these motorists in ways most of us can only dream about:

• Vehicles with protected license plates can run through dozens of intersections controlled by red light cameras and breeze along the 91 toll lanes with impunity.

• Parking citations issued to vehicles with protected plates are often dismissed because the process necessary to pierce the shield is too cumbersome.

• Some patrol officers let drivers with protected plates off with a warning because the plates signal that the drivers are one of their own or related to someone who is.

Exactly how many people are taking advantage of their protected plates is impossible to calculate. Like the Orange County Transportation Authority, which operates the tollway, many agencies have automated processes and have never focused on what happens to confidential plate holders. Sometimes police take note of the plate and don’t write a ticket at all.

…

I would highly doubt that anybody is registering their vehicles on a confidential basis to do anything but protect themselves, Garden Grove Police Capt. Mike Handfield said. I just don’t think people are thinking they’re getting away with anything…. Is the value of having a confidential plate and protecting the law enforcement community from people who might hurt them, is that worth that risk? I believe it is.

The Register asked the DMV for a list of the number of motorists participating in the program and the agencies they claim as an employer. But the DMV refused to provide those records unless The Register paid $8,442, which officials said was the cost of extracting the list from its database.

…

Some police officers confess that when they pull over someone with a confidential license plate they’re more likely to let them off with a warning. In most cases, one said, if an officer realizes a motorist has a confidential plate, the car won’t be pulled over at all.

It’s an unwritten rule that we would extend professional courtesy, said Ron Smith, a retired Los Angeles Police Department officer who worked patrol for 23 years. Nine out of 10 times I would.

California Highway Patrol officer Jennifer Hink put it a little differently. It’s officer discretion … (But) just because you have confidential plates doesn’t mean you’re going to get out of a citation.

Many police departments that run red light camera programs systematically dismiss citations issued to confidential plates.

It’s a courtesy, law enforcement to law enforcement, San Francisco Police Sgt. Tom Lee said. We let it go.

—Jennifer Muir, Orange County Register (2008-04-04): Special license plates shield officials from traffic tickets

The term professional courtesy comes from the traditions of medicine: many doctors will not charge money when they treat another doctor’s immediate family. When doctors talk about professional courtesy they are talking about a very old system of mutual aid in which one doctor agrees to do a favor for another, at her own expense, for the sake of collegiality, out of concern for professional ethics (to offer doctors an alternative to having their own family as patients), and because she can count on getting similar services in return should she ever need them.

But when the Gangsters in Blue start talking about professional courtesy, they’re talking about something quite different: a favor done for a fellow gang member at no personal expense, with the bill sent to unwilling taxpayers who must pick up the tab for the roads and parking; and a favor done in order insulate the gangsters and their immediate family from any kind of ethical accountability to the unwilling victims that they sanctimoniously insist on serving and protecting. Professional courtesy in medicine means reciprocity in co-operative mutual aid in healing sick people; professional courtesy in government policing means reciprocity in a conspiracy to make sure that any cop can do just about anything she wants by way of free-riding, disruptive, dangerous or criminal treatment of innocent third parties, with complete impunity, and the rest of us will get the bill for it and a fuck you, civilian if we don’t like it.

To be sure, letting a traffic ticket slide is, in the grand scheme of things, a pretty small thing. But it’s a small thing that is intimately connected with bigger things—with a pervasive, institutionalized system with consequences that are as terrible as they are inevitable and predictable.

(Thanks to Austro-Athenian Empire 2008-01-28 and Wendy McElroy 2008-01-22, which each have some excellent comments. Read the whole thing and all that.)

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, aren’t invited, and have no business being; they deliberately escalate confrontations in order to stay in control through superior belligerence; they commonly use force to end an argument and then blame it on their victim; and they invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal. Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force. The practical consequence of their training and the institutional culture of impunity within which they operate are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously regard their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using pain or arrest in order to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

Thus, a couple weeks ago, in Clearwater, Florida, Jean Merola, a 75-year-old grandmother of eight, got served and protected at the drive-thru of her neighborhood McDonald’s by Officer Matthew Parco, who happened to be behind her in the line and who took it upon himself to do some policing of the McDonald’s parking lot — without ever having been asked to by anybody at McDonald’s, of course, and in fact hassling, escalating a confrontation with, and then finally handcuffing and arresting Jean Merola for parking her car exactly where the cashier at McDonald’s had told her to park:

About 4 p.m. Thursday, Merola pulled her gray Lincoln Town Car up to the drive-through window of a Clearwater McDonald’s minutes from her home. She ordered the coffee and medium fries, no salt.

No salt on fries being a special request, the teller told Merola to pull forward to an area of striped asphalt where customers are typically asked to wait if their orders will take some minute.

Suddenly, Merola heard a car horn blasting behind her. In his cruiser sat Officer Matthew Parco, 30, a member of the force since December 2006. He kept honking and waving his arms, Merola said.

She did nothing.

Then he stepped out of his cruiser, walked up to Merola’s driver side door and asked for her license and registration. Merola bristled. Not until you tell me what I’ve done wrong, she told him.

He told me something about being parked in this particular place, Merola said Friday. I told him this is where the people from McDonald’s told me to park.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

Little did she know that the McDonald’s parking lot, just like everywhere else in the city, happens to be Officer Matthew Parco’s proprietary domain, and if he tells her to move her car away from where the business occupying the lot told her to move it, she’d better ask How fast, damnit. If she doesn’t recognize her civic duty, it’s probably because she’s old and crazy:

In his report, Parco says he asked Merola to move the Town Car forward a foot to allow cars in line to go around. If he did, Merola said she doesn’t remember it. And it was actually his cruiser blocking people, she said.

But Merola said she was really offended when Parco called a supervisor to say he had a possibly demented woman on his hands who might need to be held under the state’s Baker Act.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

The Baker Act is a Florida state law which allows any government cop, more or less at his pleasure, to legally declare that you must be crazy and arrest you so that he can force you to undergo a psychiatric exam, possibly to be followed by involuntary commitment to a government-approved psychoprison hospital ward. This unchecked and almost completely discretionary power to ruin your life on a cop’s whim is all For Your Own Good, of course.

He was aggravating me by saying that, Merola said. I said, I don’t have dementia, tell your supervisor.

By then, Merola had called Parco a brat, but the dementia comment stirred anger. Merola upped the ante and called him a smart a— and a dumb s—-.

She’s never been easily pushed around, her daughter said Friday.

She’s not a meek and mild little old lady, said Deborah Burge of Palm Harbor. She’s going to say, Hey, what did I do wrong?

Parco handcuffed Merola behind her back and put her in his cruiser. Another officer arrived and drove her to the Pinellas County Jail, where the widow of 10 years was booked for disorderly conduct. She had no previous criminal record.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

The cops kept her handcuffed for an hour, to protect themselves from the obvious danger posed by a crying 75-year-old woman. For the terrible and dangerous crime of demanding to know what she did to deserve a cop getting in her face, for not flashing her papers on demand, and for offending against the grave dignity of a petulant, pushy, and insulting Officer Of The Law, Officer Matthew Parco had Jean Merola locked in a cage for the afternoon, and meanwhile impounded her car (which it cost her $160 to recover once she was free).

Trying to account for her own behavior, Merola said she was taught to respect the police because they are there to protect and help you. It’s a message she said she had passed on to her three children.

Despite the uniform, she suggested, Parco just didn’t seem like the real thing.

I guess I felt he wasn’t a police officer, Merola said. He wasn’t there to help me, he was there to be mean to me.

—Will Van Sant, St. Petersburg Times (2008-01-19): Her wait for french fries ends with a taste of jail

Jean Merola no doubt meant that in a metaphorical sense. But I think there’s a very literal sense in which she is right. Professional police are, and ought to be regarded as, ordinary mortals, just like you and me. They are not a special or superior class, and they neither require special privileges nor deserve special immunities from what we normally expect from ordinary decent and honest people. If I got up in an old lady’s face face, implicitly called her crazy, threatened to have her committed, and then responded to the insults that my unhinged behavior so clearly merited by pulling her out of her car, cuffing her behind her back, and locking her in a cage, you’d consider me an asshole, at least. If I did all that based on a complete mistake, in which I barged onto somebody else’s property, ignorantly ordered around people in their parking lot, and then, when corrected about the owner’s policy for use of the parking lot, insisted that I was entitled to tell them how they should run their own damn parking lot and to yell at or arrest anybody who didn’t pay attention to my ideas about how it should be used, you would consider me not only an asshole, but a dangerous lunatic and a menace to public safety. Respect and courtesy are for those who earn it, not for any two-bit punk who figured out how to put on a uniform and swing a night-stick. Those who are actually protecting identifiable innocent people from harm—and I mean in their actions, not in their mission statements—have every right to do what they are doing, and every right to use force to defend others against aggression. Those who think their dress-up games entitle them to shove around old ladies, tell McDonald’s how to do their own job, and lock away anyone who dares question or insult them have no right to exercise force and no entitlement to be treated with anything other than the contempt that any violent bully deserves.

Further reading:

• GT 2007-12-23: Law and Orders #5: Daytona Beach cop takes control at Best Buy by shocking an unarmed, retreating woman
• GT 2007-11-09: You got served and protected.
• GT 2005-05-05: Peace Officers, redux
• GT 2005-04-26: Peace Officers

(Via Austro-Athenian Empire 2007-11-08, Manuel Lora @ LewRockwell.com Blog 2007-11-08, and The Agitator 2007-11-08.)

Cops in America are heavily armed and trained to be bullies. They routinely force their way into places they have no business being, use violence first and ask questions later, and pass off even the most egregious forms of violence against helpless people as self-defense or as the necessary means to accomplish a completely unnecessary goal. In order to stay in control of the situation, they have no trouble electrifying small children, alleged salad-bar thieves, pregnant women possibly guilty of a minor traffic violation, or an already prone and helpless student who may have been guilty of using the computer lab without proper papers on hand. They are willing to pepper spray lawyers for asking inconvenient questions and to beat up teenaged girls for daring to give them lip over cleaning up spilled cake or being out too late at night. Whenever they are caught using harsh enough violence against someone who is so obviously innocent or helpless that the media takes notice, police administrators will wring their hands, say something noncommittal, make up some lies as possible excuses for the assault, promise an investigation, find that Official Procedures were followed, and then do nothing at all. Meanwhile a chorus of sado-fascist bully boys will reliably cheer the pigs and smear the victim in print media, talk shows, and the Internet. Both administrators and freelance police enablers freely employ the most tortured sorts of necessity excuses, in what seems to be a deliberate effort to obliterate any notion of restraints on the use of force in securing police objectives. Then they will sanctimoniously explain how cops need to be able to beat the hell out of you with impunity so that they can protect you.

For example, when the cops in Chicago aren’t too busy running elite criminal rackets, they have found another way to serve and protect the public: by forcing their way into an 82-year-old black woman’s apartment, and then grabbing a taser and serving and protecting the hell out her.

As shocking as it is that a Chicago Police officer Tasered an 82-year-old grandmother during a wellness check, it’s even more disheartening that so many of our readers believe the police action was appropriate.

By late Tuesday, 7,967 people had responded to the Chicago Sun-Times Web site poll question:

Should cops have Tasered an 82-year-old?

Sixty-three percent responded no.

But 37 percent, or 2,940 people voted yes — Lillian Fletcher, the elderly and mentally-ill grandmother who was Tasered by police who burst into her home, should have been Tasered because she was wielding a hammer.

That’s scary.

Mind you, Fletcher had not broken any laws, police were not executing a search warrant, and the elderly woman had not been threatening neighbors with the hammer. In fact, she didn’t grab the hammer until officers forced their way into her garden apartment.

After the Tasering, Fletcher, who suffers from dementia and schizophrenia, was hospitalized for five days and may have to undergo surgery for fluid on the brain.

Instead of condemning the police action, many of the people who shot me an e-mail blamed the elderly woman’s family for the fiasco.

What about the family that left their mother home alone knowing she had all these issues, said Dave M. Put the blame where it really belongs: on the family. Why don’t you stop by and visit good old granny and when she starts swinging a hammer at you just take your beating and give her a hug.

Well, Dave M., I did visit Fletcher at her home on Monday night, and she didn’t pull out a hammer. You know why? I didn’t push my way into her home. I rang the doorbell. When she ushered me into her kitchen and invited me to sit, I sat. And when our chat was over, I put on my coat, said Good night and made sure she locked her door behind me.

In other words, I respected her space — something police didn’t do.

As for her family, they aren’t the triflin’ people some of you are depicting. In fact, if anyone is to blame for what’s happened, it would be the city’s Department of Aging.

Fletcher, who can be belligerent, told a caseworker to go away. But instead of leaving, the worker called the police, and officers treated Fletcher like she was a criminal.

—Mary Mitchell, Chicago Sun-Times (2007-11-07): Cops wouldn’t take ‘no’ for an answer

So Ms. Fletcher decides that she doesn’t want a nosy social worker in her apartment and tells her to go away. Said professional busybody calls the cops on her so that they can force their way into her apartment against her will. When these armed strangers come breaking through the door, she naturally tells them to get out and tries to protect herself. So they knock her down with an immobilizing and painful electric shock. and hurt her so badly that she has to spend five days in the hospital. Normally, if armed strangers went busting into an apartment against the tenant’s will and then protected themselves by tasering their outraged victim, it would be called breaking and entering and assault and battery. But because the armed strangers are cops, and because their victim could safely be dismissed by the powers that be as old and black and crazy, this is called a wellness check. Apparently, it was necessary to taser the old woman in order to save her.

Since this story first hit the Chicago media, Mayor Daley feels embarassed, but won’t say anything bad about the cops who did it. He assures us that The Matter Will Be Investigated. Meanwhile, Alderman Isaac Carothers, the chair of the city council committee dealing with police matters, has this to add:

It’s very unfortunate that it had to result to that, but I certainly understand. I’m pleased that they decided not to shoot her and they decided not to tackle her and that they didn’t use the night stick, which may have been options if someone is swinging a hammer at you.

—Quoted by Fran Spielman, Chicago Sun-Times (2007-11-08): Tasering grandma displeases Daley — But he avoids criticizing cops

Well, yes, at least the pigs didn’t shoot her while they were at it. That’s mighty white of them.

It remains to be seen what, if anything, will happen to these cops. The Fraternal Order of Pigs, as usual, has their back. There’s an investigation going on by the so-called Office for Professional Standards. But somehow I wouldn’t be surprised if not a damn thing comes of it.

Which is precisely what happened in another case over in Pittsburgh, where a black 29-year-old man was tasered while he slept in his own home. He got in late and forgot to disarm a security device on the house, which issued a silent alarm to the police department. The cops showed up, found him asleep on the couch, surrounded him, jabbed a taser into his back, and shocked him while he was still asleep.

I felt a lot of voltage going through my body, Mr. Hicks said recalling the events of that late July weekend. That’s what woke me up.

Jumping to his feet, Mr. Hicks was aware of an intense sensation between the shoulder blades of his 150-pound body. It didn’t stop there. His whole body felt as if it were on fire.

When his eyes finally adjusted to the light, his heart skipped yet another beat. Two North Braddock police officers, Gerard Kraly and Lukas Laeuricia, were standing in his living room. To this day, Mr. Hicks still doesn’t know which is Kraly and which Laeuricia.

The shorter of the two officers did most of the talking. His mustached partner was a burly over-6-footer in his late 30s or early 40s. He held the Taser, the prongs of which were sticking in Mr. Hicks’ back.

The polite family newspaper version of what Mr. Hicks said in response to being electrified translates roughly as What’s going on here?

The shorter cop, whom Mr. Hicks remembers as blond, asked him to calm down.

The officer said that North Braddock police received a call from the security company monitoring Mr. Hicks’ home. They believed a break-in was in progress.

The cops had entered the home, turned on the light and found Mr. Hicks asleep on the sofa. If they identified themselves or ordered him to get up, Mr. Hicks said he did not hear it. He said he wasn’t aware of their presence until he was shot in the back with a Taser.

According to Mr. Hicks, the cops were skeptical. How do we know that you’re who you say you are? the shorter of the two cops asked.

At that point, the cop holding the Taser squeezed the trigger, sending Mr. Hicks into paroxysm of agony. It was not a short jolt like the first one he received. He fell to the floor. His screams woke the neighbors.

What do you want? Mr. Hicks asked. Please stop [shooting] me. The shorter cop helped him to his feet. Swaying unsteadily, he offered to show them his identification. They searched him and found his wallet. After inspecting it, they threw the wallet on the coffee table.

I told you I lived here and that I’m the legal resident, he shouted, believing he finally had justice, common decency and the angels of heaven on his side. A staff member at the African-American Chamber of Commerce of Western Pennsylvania, Mr. Hicks counts himself on the side of the law-abiding citizen.

The cop with the Taser squeezed the trigger again, anyway. Mr. Hicks flapped his arms wildly, but didn’t fall. All he could do was scream loud enough to be heard all over the Mon Valley.

After removing the pellets from his bloody back, the cops handcuffed Mr. Hicks and led him out his front door to a police van. They did not read him his rights, Mr. Hicks says. The back of his shirt was soaked with warm, sticky blood.

Meanwhile, cops from six neighboring boroughs searched the house for other burglars.

Mr. Hicks’ mother, Arlene, arrived just as her son was being escorted out the door. She had Mr. Hicks’ 11-year-old daughter and a niece in tow. Why are you arresting my son? she asked. The taller of the two cops answered that he didn’t have to tell her anything.

When Mrs. Hicks persisted, he said her son was being arrested for being belligerent.

In the van, Mr. Hicks said he told the cops he needed medical attention. He says they told him he would wind up in county lockup if he insisted on it. Never mind, Mr. Hicks said.

Mr. Hicks sat in a holding cell until 5 a.m. The cops returned. We’re not filing charges, they told him. You’re free to go, but if you get into trouble in the next year, we will file charges.

Mr. Hicks staggered into the parking lot and began walking the 10 minutes to the Braddock hospital, refusing another officer’s offer of a ride home. He was examined and released that morning. Mr. Hicks filed a detailed police complaint the following Monday, but the case didn’t come to public attention until the New Pittsburgh Courier’s front-page story last week.

—Tony Norman, Pittsburgh Post-Gazette (2007-09-11): Tasered at his own home: the Shawn Hicks story

So once again, a gang of armed strangers break into a house in the name of protecting the people living in it from a suspected burglar. They taser first and ask questions later. They blast a completely innocent man — one of the people who they were supposedly showing up to protect — with a painful shock electricity while he is sleeping. While outnumbered, physically overmatched, and with a taser still jabbed in his back, he gets a bit upset, demands to know what is going on, and explains that he lives in the house they are supposedly protecting; they call him a liar and shock him again. After they find his wallet and confirm that he is, in fact, a legal occupant, they shock him again, arrest him for getting uppity, refuse him medical attention, and then give him a sanctimonious lecture not to get into any trouble. And because this gang of thugs were uniformed cops, and because the man they were protecting the hell out of could be dismissed as black and belligerent, precisely nothing has happened. There was no investigation at all until the media publicized the story months later. Last week the local D.A. announced that no charges would be filed against Gerard Kraly or Lukas Laeuricia. Another bunch of area cops Investigated the Matter and decided that there was no criminal matter to be pursued.

Shawn Hicks is planning to file a civil suit over the abuse. I hope that he sues the pigs personally and takes them for everything they’ve got. Unfortunately, if a suit is filed, what will probably happen is that the city government will settle the case out of court, then send the bill to a bunch of innocent taxpayers, while the thugs Kraly and Laeuricia will keep on terrorizing innocent people in the name of public safety.

If you’re baffled that cops could get away with these kind of outrages, it may help to remember that in a lot of American cities, there is no such thing as a civil police force anymore. What we have would be better described as thuggish paramilitary units occupying what they regard as hostile territory. Here as elsewhere, they are going to serve and protect us, whether we want them to or not, and if we don’t like it then they’ve got plenty of guns and clubs and cuffs and 50,000 volt human prods in order to make sure we get good and protected anyway.

Further reading:

• GT 2006-12-04: In five words or fewer #2: Michael McHale on the 50-shot police murder of Sean Bell
• GT 2006-05-11: Quidditative essence