Allocating Police Resources

The state of Missouri forgets to send a guy to prison for 13 years, and he spends that time leading a productive life and staying out of trouble while never trying to hide (h/t Jason). Then the state notices the mistake and sends a SWAT team to his house.

After he was convicted of armed robbery in 2000, Cornealious Anderson was sentenced to 13 years behind bars and told to await instructions on when and where to report to prison. But those instructions never came.

So Anderson didn’t report. He spent the next 13 years turning his life around  getting married, raising three kids, learning a trade. He made no effort to conceal his identity or whereabouts. Anderson paid taxes and traffic tickets, renewed his driver’s license and registered his businesses.

Not until last year did the Missouri Department of Corrections discover the clerical error that kept him free. Now he’s fighting for release, saying authorities missed their chance to incarcerate him.

In a single day last July, Anderson’s life was turned upside-down.

“They sent a SWAT team to his house,” Anderson’s attorney, Patrick Megaro, said Wednesday. “He was getting his 3-year-old daughter breakfast, and these men with automatic weapons bang on his door.”

Meanwhile, the federal government decides not to bother a Nevada rancher who has been breaking the law for twenty years because someone might get hurt.

It’s not like the Missouri SWAT team could’ve been sent to round up cattle instead, and I really do think it would be dumb if people get killed over that moocher rancher—but it is an interesting statement on the allocation of police resources.

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How Not to Get Arrested

A former police officer and prosecutor, Dale Carson, has written a book offering his pointers on how to avoid police trouble. It’s both scary and depressing. Via Mike Riggs at Business Insider:

“Law enforcement officers now are part of the revenue-gathering system,” Carson tells me in a phone interview. “The ranks of cops are young and competitive, they’re in competition with one another and intra-departmentally. It becomes a game. Policing isn’t about keeping streets safe, it’s about statistical success. The question for them is, ‘Who can put the most people in jail?'”

His book includes tips on how to “be invisible to police,” and seemingly reasonable things one should never do when a cop is talking to you. The theme, at least as presented in Riggs’ article, is the importance of compliance over any issues of personal pride. Being questioned by police is likely to be humiliating, Carson says, but getting arrested is worse, so suck it up.

The other day, Clark at Popehat wrote about a police chief who thinks cops should be prepared to tackle nearly any suspect:

[U]nless the citizen is “bracing for submission” and maintaining eye contact, the cop should consider “tackling” him.

On light of that, being invisible seems like the better course of action, but I’m still looking around for someone with an idea of how to actually improve things.

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How to Tell the Difference Between a Police Raid and a Home Invasion (Hint: Sometimes You Can’t)

By Tim McAteer (Wikipedia:Contact us/Photo submission) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia CommonsThe Sarasota Herald-Tribune reported last week on the story of a 59 year-old nurse, Louise Goldsberry, who found herself pinned down in her apartment during a home invasion. Fortunately, she kept a gun in her home, and so was able to defend herself…right?

Well, no, because the home invaders were actually cops, including the U.S. Marshal’s Office and the Sarasota Police Department, looking for a suspect in a child rape case. Goldsberry stated that she was standing at her kitchen sink, while her boyfriend Craig Dorris was in the next room, when she saw a man “wearing a hunting vest…aiming a gun at her face, with a red light pinpointing her.” She reportedly screamed and ran to her bedroom to get the gun for which she has a concealed weapons permit. She didn’t know whether to believe him when the man claimed to be a police officer, because she said she had no idea why the police would be behaving in this way in her apartment.

Dorris managed to at least somewhat defuse the situation, although both of them ended up in handcuffs for at least half and hour. Police found the child-rape suspect in a different part of town later that night. He had never been in Goldsberry’s apartment, and Goldsberry had no idea who he was. The U.S. Marshal who was at Goldsberry’s door, Matt Wiggins, admitted that the tip regarding the suspect’s location was about the apartment complex as a whole—they had no reason whatsoever to suspect that he was in Goldsberry’s apartment, except for this:

But when the people in Goldsberry’s apartment didn’t open up, that told Wiggins he had probably found the right door. No one at other units had reacted that way, he said.

Maybe none of them had a gun pointed at them through the kitchen window, I suggested. But Wiggins didn’t think that was much excuse for the woman’s behavior. He said he acted with restraint and didn’t like having that gun aimed at him.

“I went above and beyond,” Wiggins said. “I have to go home at night.”

This is a prime example of the First Rule of Policing, as defined by Scott Greenfield: Make it home for dinner. No matter what led to the situation where a gun was pointed at Wiggins, he intended to defend himself. Wiggins made a decision that, because the occupant of a particular apartment did not answer the door politely, they must be up to no good. As much as anyone may want to see child rapists get pummeled, this is simply a bad general rule.

This demonstrates another principle identified by Greenfield: police assume you know exactly why they stopped you or are pointing a gun at you, and may start beating you or shooting at you if you don’t do exactly as they say.

That’s the funny thing about not having the slightest clue why a guy is pointing a gun at you. The cops start with the assumption that you’re guilty, and therefore know exactly why they nabbed you. This bit of confusion can, and often does, lead to a problematic reaction.

Goldsberry is actually pretty lucky that the cops didn’t just start shooting, although I don’t think she should be sending the Sarasota Police Department or the U.S. Marshals any thank-you notes.

We are always being told by the gun lobby that we need whatever firepower we can get our hands on to protect ourselves from home invasions. What happens when your home is invaded by police who are in the wrong place? Do we have to live our lives as though, at any moment, police could break down the door?

“I was thinking, is this some kind of nutjob?” [said Goldsberry.]

No, just a well-trained officer who knows how to go after a man assumed to be a dangerous felon, but isn’t so good at understanding a frightened woman confronted with an aggressive armed stranger coming after her in her own home.

Wiggins offered the Herald-Tribune perhaps the most chilling statement I’ve seen uttered by law enforcement in some time:

“I feel bad for her,” Wiggins conceded, finally. “But at the same time, I had to reasonably believe the bad guy was in her house based on what they were doing.”

Goldsberry wasn’t arrested or shot despite pointing a gun at a cop, so Wiggins said, “She sure shouldn’t be going to the press.”

(Emphasis added.)

Why shouldn’t she be going to the press? Wiggins, at least from the tone expressed in the Herald-Tribune article, seems annoyed that he has to answer for what happened in Goldsberry’s apartment. I think Radley Balko sums up my thoughts on that quite well:

Photo credit: By Tim McAteer (Wikipedia:Contact us/Photo submission) [CC-BY-SA-3.0], via Wikimedia Commons.

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“Hey! Stop hitting my hand with your face!”

320px-Refrigerator_magnet_1Police pulled over a man in Roosevelt, New York because he allegedly did not have his 2 year-old correctly strapped into a car seat. Unfortunately, he also allegedly did not have a valid driver’s license, and now he faces charges of unlicensed driving and charges related to the child safety seat.

Oh yeah, he also faces two charges of second-degree assault, for alleged assaulting two police officers during the traffic stop. That’s where this gets, uh, weird:

Nassau County police said First Precinct officers stopped the 1994 BMW driven by [Jorge] Guevara as he drove with his three children on Nassau Road.

A license check then revealed that Guevara did not have a license, police said. Police said his license had been suspended at least three times — and was suspended at the time of the traffic stop.

Police said that, as he was being questioned, Guevara started to walk away. Officers attempted to stop him, but, police said, a struggle ensued.

Guevara suffered a facial contusion, police said. One officer suffered contusions, lacerations and a sprained finger. The other officer suffered several fractures to his hand.

Police said all three — Guevara and the two officers — were treated at a hospital and later released.

The story is from Officer.com, a law enforcement news site. I bolded the parts I found most interesting, because, well………how exactly does someone hurt another person’s hand with his face? It is an incredibly novel theory of the jurisprudence of criminal assault. If you’re going to commit an assault, most of us have other appendages at our disposal that work better. It is not clear if the first officer suffered contusions and lacerations somewhere other than his hand, so it may be a reporting issue.

There are at least two other possibilities besides the face-as-a-weapon theory:

– The story was misreported somehow.

– This is bullshit of epic proportions, and a guy has been charged with assault for being punched in the face.

Time will tell.

Photo credit: ‘Refrigerator magnet 1’ by Tweek on Flickr [CC BY-SA 2.0], via Wikimedia Commons.

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