The Ferguson Indictment (on Justice)

[boutons_deux]

if Ferguson doesn't play ball, the bigger sovereigns will ride herd on them, and the people will make their life a living .

We'll see if blacks vote in next Ferguson muni elections.

[Winehole23]

from the report:

In our conversations with FPD officers, one officer admitted that when he conducts a traffic stop, he asks for identification from all passengers as a matter of course. If any refuses, he considers that to be “furtive and aggressive” conduct and cites—and typically arrests—the person for Failure to Comply. The officer thus acknowledged that he regularly exceeds his authority under the Fourth Amendment by arresting passengers who refuse, as is their right, to provide identification ... Further, the officer told us that he was trained to arrest for this violation.

[Winehole23]

more:

FPD and other law enforcement agencies in St. Louis County use a system of “wanteds” or “stop orders” as a subs ute for seeking judicial approval for an arrest warrant. When officers believe a person has committed a crime but are not able to immediately locate that person, they can enter a “wanted” into the statewide law enforcement database, indicating to all other law enforcement agencies that the person should be arrested if located. While wanteds are supposed to be based on probable cause ... they operate as an end-run around the judicial system. Instead of swearing out a warrant and seeking judicial authorization from a neutral and detached magistrate, officers make the probable cause determination themselves and cir vent the courts.


... If officers enter wanteds into the system on less than probable cause, then the subsequent arrest would violate the Fourth Amendment. Our interviews with command staff and officers indicate that officers do not clearly understand the legal authority necessary to issue a wanted. For example, one veteran officer told us he will put out a wanted “if I do not have enough probable cause to arrest you.” He gave the example of investigating a car theft. Upon identifying a suspect, he would put that suspect into the system as wanted “because we do not have probable cause that he stole the vehicle.” Reflecting the muddled analysis officers may employ when deciding whether to issue a wanted, this officer concluded, “you have to have reasonable su ion and some probable cause to put out a wanted.”





At times, FPD officers use wanteds not merely in spite of a lack of probable cause, but because they lack probable cause. In December 2014, a Ferguson detective investigating a shooting emailed a county prosecutor to see if a warrant for a suspect could be obtained, since “a lot of state agencies won’t act on a wanted.” The prosecutor responded stating that although “[c]hances are” the crime was committed by the suspect, “we just don’t have enough for a warrant right now.” The detective responded that he would enter a wanted. There is evidence that the use of wanteds has resulted in numerous uncons utional arrests in Ferguson.

[Winehole23]

... with respect to speeding charges brought by FPD, the evidence shows not only that African Americans are represented at disproportionately high rates overall, but also that the disparate impact of FPD’s enforcement practices on African Americans is 48% larger when citations are issued not on the basis of radar or laser, but by some other method, such as the officer’s own visual assessment.





These disparities are also present in FPD’s use of force. Nearly 90% of do ented force used by FPD officers was used against African Americans. In every canine bite incident for which racial information is available, the person bitten was African American.



... African Americans are 68% less likely than others to have their cases dismissed by the court, and are more likely to have their cases last longer and result in more required court encounters. African Americans are at least 50% more likely to have their cases lead to an arrest warrant, and accounted for 92% of cases in which an arrest warrant was issued by the Ferguson Municipal Court in 2013. Available data show that, of those actually arrested by FPD only because of an outstanding municipal warrant, 96% are African American.

[Winehole23]

The injury and the crime is equal, whether committed by the wearer of a crown, or some petty villain. The le of the offender, and the number of his followers, make no difference in the offence, unless it be to aggravate it. The only difference is, great robbers punish little ones, to keep them in their obedience; but the great ones are rewarded with laurels and triumphs, because they are too big for the weak hands of justice in this world, and have the power in their own possession, which should punish offenders. What is my remedy against a robber, that so broke into my house?

[FromWayDowntown]

I don't think the Brown family's lawsuit against Officer Wilson has much of a chance, both because the DOJ report will be helpful to Wilson substantively and because making civil claims against law enforcement officers acting in their official capacities (as Wilson clearly was) are legally difficult, given the immunity that those officers are clothed with in most cir stances.

The findings in the DOJ report, though, against Ferguson PD seem to jive significantly with some arguments that have been made around here about the Brown case in the first instance. If there has been a cultural ethos in the Ferguson PD that is used to justify disparate treatment of blacks either based simply on racial prejudice or upon some more subtle (but no less racial) presumption of the guilt of blacks, it certainly would go some distance to question the use of force by Officer Wilson in the first place and the nature of his encounter with Brown. That is, if Officer Wilson wouldn't have stopped a white person in similar cir stances (the report suggests that might be true) or at least wouldn't have handled the encounter in the same way if the suspect was not black, then the escalation of the incident could be fairly reasonably attributed to that culture. The findings of the DA and the DOJ support Officer Wilson insofar as they determine that when the encounter reached the level that it did, his use of lethal force was apparently justified. That's a different question than wondering whether the encounter ever needed to escalate to that point and whether Officer Wilson had other means available to apprehend Brown (if he believed he had a justification to arrest Brown when he stopped him or shortly thereafter).

Ultimately, the DOJ report corroborates the anecdotal proof of racial bias within Ferguson PD. While I'm sure that does not make Ferguson PD unique, one hopes that it will make Ferguson PD change.

Added: that indifference to the Cons utional requirement of probable cause (the admission that the probable cause requirement could be skirted to effectuate uncons utional arrests) through the "wanted" system is frightening.

[Trill Clinton]

The activists and protestors were right all along. Ferguson pd is one of many racist police departments in amerikkka.

[Trill Clinton]

10. Ferguson officers repeatedly violated First Amendment rights in arresting people for "talking back" or "lawfully protesting perceived injustice."










http://mic.com/articles/111772/the-d...ampaign=social

[DarrinS]

Even the police dogs are racist. Damn.

[Winehole23]

Even the police dogs are racist. Damn.

that's not alleged. did you read the report?

[DarrinS]

that's not alleged. did you read the report?

srsly dude?

[Winehole23]

you were making a joke? the DOJ report is funny to you somehow?

[TheSanityAnnex]

I don't think the Brown family's lawsuit against Officer Wilson has much of a chance, both because the DOJ report will be helpful to Wilson substantively and because making civil claims against law enforcement officers acting in their official capacities (as Wilson clearly was) are legally difficult, given the immunity that those officers are clothed with in most cir stances.

The findings in the DOJ report, though, against Ferguson PD seem to jive significantly with some arguments that have been made around here about the Brown case in the first instance. If there has been a cultural ethos in the Ferguson PD that is used to justify disparate treatment of blacks either based simply on racial prejudice or upon some more subtle (but no less racial) presumption of the guilt of blacks, it certainly would go some distance to question the use of force by Officer Wilson in the first place and the nature of his encounter with Brown. That is, if Officer Wilson wouldn't have stopped a white person in similar cir stances (the report suggests that might be true) or at least wouldn't have handled the encounter in the same way if the suspect was not black, then the escalation of the incident could be fairly reasonably attributed to that culture. The findings of the DA and the DOJ support Officer Wilson insofar as they determine that when the encounter reached the level that it did, his use of lethal force was apparently justified. That's a different question than wondering whether the encounter ever needed to escalate to that point and whether Officer Wilson had other means available to apprehend Brown (if he believed he had a justification to arrest Brown when he stopped him or shortly thereafter).

Ultimately, the DOJ report corroborates the anecdotal proof of racial bias within Ferguson PD. While I'm sure that does not make Ferguson PD unique, one hopes that it will make Ferguson PD change.

Added: that indifference to the Cons utional requirement of probable cause (the admission that the probable cause requirement could be skirted to effectuate uncons utional arrests) through the "wanted" system is frightening.

That DOJ report was damning. I couldn't believe some of the statements directly from the Ferguson PD to the DOJ investigators basically saying this is how they were trained.

The report doesn't change how I feel about officer Wilson though, his actions were justified.

[TheSanityAnnex]

The activists and protestors were right all along. Ferguson pd is one of many racist police departments in amerikkka.

I thought the protest was about Mike Brown?

[Winehole23]

The report doesn't change how I feel about officer Wilson though, his actions were justified.

that's just your opinion. that the facts did not support an indictment, does not necessarily justify Wilson's actions.

[Trill Clinton]

all these devils are getting exposed. time to clean house.

[Trill Clinton]

[FuzzyLumpkins]

if Ferguson doesn't play ball, the bigger sovereigns will ride herd on them, and the people will make their life a living .

if they do not play ball then they will be sued in federal court and the national guard will police Ferguson in the interim much like the 1960s.

[FuzzyLumpkins]

all these devils are getting exposed. time to clean house.

what you want to bet those guys were born 1945-1965?

[Trill Clinton]

what you want to bet those guys were born 1945-1965?

yup and they teach their racist ideals to their children, grandchildren and obviously their subordinates. these are men in leadership positions who are behind these cowardly acts.

[cd021]

I thought the protest was about Mike Brown?

Partly, but blacks were furious about being continuously treated like by the PD and the Brown killing seemed like the last straw. One complaint that I kept hearing was that the cops left his body in the middle of the street for hours, almost like they tried to use it as a deterrent and intimidation tacit.

[cd021]

There has to be some type of house cleaning for a little bit of credibility to be restored to the PD. Still early but, report came out and the only response was one firing and a couple of suspensions. Hard to believe that the same officers who harassed the black residents could turn around and protect and serve them equally. Maybe they could but the (justifiable)hostility and resentment from the residents could make that much harder.

[cd021]

yup and they teach their racist ideals to their children, grandchildren and obviously their subordinates. these are men in leadership positions who are behind these cowardly acts.

Every generation get a bit less racist as a whole the Millennials (People born 1980-1994) & Generation Z are the closest its been racial equality IMO. But yeah many born before then have pretty racist tendencies (not entirely just whites) some don't even realize that and get angry when some one calls them on something they said.

[cd021]

http://www.cnn.com/2015/03/06/us/fer...out/index.html

Two people were fined a combined $10,000 by the FPD. One of them said the cops towed (stole) her car because it looked old, even though it was street legal and she drove it to work.

[boutons_deux]