Monday, May 13, 2024

Wasn't This Decided Already?

Dozens of hours of tedious learning emphasized this:

  • The California Supreme Court declared that law enforcement officers cannot detain individuals because they attempt to avoid police contact. This unanimous decision has stirred a significant response from police unions, who argue that it will hamper their ability to maintain public safety effectively.

    The court, in a 7-0 decision, stated that actions such as appearing to conceal oneself or acting nervously do not alone provide a sufficient basis for officers to detain individuals.

    This was elaborated in an opinion by Justice Carol Corrigan, emphasizing that while such behaviors could be considered within a broader context, they do not meet the threshold of “reasonable suspicion of criminal activity” necessary to legally detain someone.

If we're remembering, these behaviors can be used as a foundation for "reasonable articulable suspicion," just not as the sole reason for a stop. From what we're reading, it looks like this was used as the only reason for a stop, which as a Consent Decree Department, we know is improper. In fact, it's so improper, we are reminding Officers to exercise extreme caution during August so that they don't get caught up in similar type of situation. 

We'd recommend ten or twenty observations before taking action, just to make sure.

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31 Comments:

Anonymous Anonymous said...

Why do you have remind officers about August? Officers are going to call in sick for the Great Blue Flu! FJB!

5/13/2024 12:13:00 AM  
Anonymous Anonymous said...

Not a problem for me, as I do not dabble in chasing, only marking the spot.


I am, after all, not a frisky puppy.




Chalkie

5/13/2024 12:49:00 AM  
Anonymous Anonymous said...

Don't let Anonymous tell you who to stop either. That's not enough. There are still some out there who forget that one too.

5/13/2024 01:30:00 AM  
Anonymous Anonymous said...

https://www.thegatewaypundit.com/2024/05/what-could-go-wrong-san-francisco-using-tax/

“ WHAT COULD GO WRONG? San Francisco Using Tax Dollars to Buy Vodka and Beer for Homeless Alcoholics”

By Mike LaChance May. 11, 2024 9:40 pm421 Comments

More California insanity which will also end up surfacing in Illinois.

5/13/2024 01:42:00 AM  
Anonymous Anonymous said...

No, no SCC. Officers, please observe anyone you think may be subject to an investigatory stop until you are beyond suspicion and have P.C. After you observe the behaviors that are needed for P.C. you get on the air and say to the dispatcher “19-Paul, give me lunch at ………..”. That’s it. No stop, OK, wave at ole boy as you drive away if you feel you must have contact with the subject. Eat lunch, take a quick nap, drive around for a bit and check off on time. Go home, enjoy your life and family, and stay safe. Good night, class over.

5/13/2024 02:12:00 AM  
Anonymous Anonymous said...

Then over here:
Gangster’ Florida sheriff has politically incorrect demand for Democrats fleeing liberal cities: 'Go Back'

https://www.foxnews.com/media/gangster-florida-sheriff-politically-incorrect-demand-democrats-fleeing-liberal-cities-go-back

*Real law enforcement a real man what about Tommy toupee? The rest of the democratic evil cabal in corruption filled Illinois? They are cowards favoring lawlessness over following the law, this includes judges also how many selling out the electorate? How many fled and fleeing from the criminal capital here? The democratic convention nonsense rapidly coming and zero plan in place!

5/13/2024 05:33:00 AM  
Anonymous Anonymous said...

Detain them?! Fuck that - form a human corridor from the street to the front doors and guide them in. The Dems not only don’t represent my values, they are actively trying to stomp them into the dirt. I won’t lift a finger to protect them.

5/13/2024 05:44:00 AM  
Anonymous Anonymous said...

It would be, I saw that person cover his face and run in the other direction as I drove away in the opposite direction as I yelled "have a nice day"....

5/13/2024 06:20:00 AM  
Anonymous Anonymous said...

I love telling people "this is what you voted for".

5/13/2024 06:56:00 AM  
Anonymous 19-David said...

I would even go as far as 30-40 observations, nobody would want to embarrass the city during it’s time to shine by
“over policing.”

5/13/2024 07:32:00 AM  
Blogger Mr. SouthSide said...

Fine. Leave the bad guys alone.

5/13/2024 07:33:00 AM  
Anonymous Anonymous said...

Why fight people into cuffs and then watch the cases get motion city non suit or motion state SOL or nolle prosse. Then you catch a nice beef and they want to give you a 15 to 30 day vacation for doing your job. No thanks, better to sit down and get a cup of coffee and a nice slice of apple pie.

5/13/2024 07:39:00 AM  
Anonymous Anonymous said...

I would recommend not doing a GDT for this shitty and the democrats because if you do you will be fucked over by them

5/13/2024 08:00:00 AM  
Anonymous Anonymous said...

CPD's authority has been reduced to mere "Andy Fran" status.

5/13/2024 08:09:00 AM  
Anonymous Anonymous said...

Not sure why anyone cares. Policing is dead and they essentially pay us to write reports and hideout from the public. Keep the checks coming because you’re essentially paying me for showing up. I feel like the crew on the Sopranos that sits at construction sites and gets paid to “break balls”.

5/13/2024 08:40:00 AM  
Anonymous Anonymous said...

How about "detaining police officers for avoiding contact with the public"?

Axe'ing for a friend.

5/13/2024 09:42:00 AM  
Anonymous Anonymous said...

SCC, why are you complaining with this mambo-jumbo nonsense, why bother? Don't I read on this blog about the blue-flu, going IOD/Medical before the DNC? Don't get me wrong because I agree myself, fuck this job. Now the courts are letting criminals off the hook before they even open their mouths so why should police bother. Definitely not the police department I came on 20 years. Makes the job easier.

5/13/2024 12:38:00 PM  
Anonymous Anonymous said...

in chicago only 18% of registered voters elected cone head , this includeed the deceased,illegals and ballot harvesters.
over 60% failed to vote

5/13/2024 01:58:00 PM  
Anonymous Anonymous said...

Correct.. THIS alone is not reason for a stop.. that’s been known for a long time here in cook county.. that never stood up here as enough case law or not.. now it’s just formally written in case law. This ALONG with others, and I recommend a few other reasons should be used to justify a stop.

5/13/2024 07:14:00 PM  
Anonymous Anonymous said...

see Illinois v. Wardlow

5/13/2024 08:48:00 PM  
Anonymous Anonymous said...

I'm sixty-years old and cannot wait for the convention. Got my sap gloves and brass knuckles all ready. Oiled up the Colt Python and ordered three new speed loaders (Those are hard to find now). Going to bust some Antifa, BLM, Hamas and Palestinian heads. These freaks want to mess with my delegates, they're going to have a hard time.

Signed,
Leo Spanks
Milwaukee P.D.

5/13/2024 10:05:00 PM  
Anonymous Anonymous said...

Terry Vs Ohio. The criminals walked past the store casing it “ ruffly a dozen times”. These fucks want a dozen observations or actions by the offender before the police even begin to investigate. Simple answer is wait for more evidence or observations. Give them fucking two dozen reasons in your report. The result will be less enforcement which is exactly what they want.

5/13/2024 10:55:00 PM  
Anonymous Anonymous said...

We'd recommend ten or twenty observations before taking action, just to make sure.

Would lighting a Molotav cocktail while wearing a mask constitute a reasonable suspicion for a stop..? Asking for a friend...

5/14/2024 03:34:00 AM  
Anonymous Anonymous said...

You all can have a great time at the DNC! I will be starting my expected FULL YEAR of medical before retiring late next year! HAHAHAHA

5/14/2024 05:00:00 AM  
Anonymous Anonymous said...

There is a duty to intervene now. If someone wants to do a stop like this you need to intervene and stop the officer.

5/14/2024 05:50:00 AM  
Anonymous Anonymous said...

I am reading Illinois v. Wardlow a Supreme Court case, and it says just the opposite, you can stop just for the flight. Someone please help. I am not so bright.

https://supreme.justia.com/cases/federal/us/528/119/#tab-opinion-1960565

5/14/2024 06:06:00 AM  
Blogger I Voted For Kamala said...

Andy Frain has better uniforms.

5/14/2024 07:45:00 AM  
Anonymous Anonymous said...

Good, I am glad when they run cause then I can just keep on driving and smiling..lol

5/14/2024 08:26:00 AM  
Anonymous Anonymous said...

Would lighting a Molotav cocktail while wearing a mask constitute a reasonable suspicion for a stop..? Asking for a friend...

5/14/2024 03:34:00 AM

Oh, come on, you've got to be kidding me. If you don't know the answer to this and you are the PoPo you should go turn in your shit immediately. "But, Office, I was just lightin' my Newport, why you be messin' wit me". I also ask, they throwing that cocktail at your crib? No? If it's not your crib, Dude was lighting his Newsie.

5/14/2024 11:45:00 AM  
Anonymous Anonymous said...

I am reading Illinois v. Wardlow a Supreme Court case, and it says just the opposite, you can stop just for the flight. Someone please help. I am not so bright.

https://supreme.justia.com/cases/federal/us/528/119/#tab-opinion-1960565

5/14/2024 06:06:00 AM

The flight alone was not sufficient. That was the rule that came about as a result of that case. Wardlow was (1)in an area known for narcotics activity, (2) fled by running upon seeing the approaching police. The 2 factors combined gave them reasonable suspicion. If he had simply walked away, or stayed, there would be no justification for the stop. If he had not been in an area known for narcotics activity, running alone would not be enough. You have to consider the totality of the circumstances, not just rely on one thing. Wardlow was also carrying an opaque bag that held a loaded gun, which I'd think would look suspiciously like a gun in a bag as he ran, and even when he was stopped, but that part didn't seem as influential to the court I guess. The gist is that running alone is never enough to justify a stop. Being in a narcotics sales area is never enough on its own to justify a stop.

5/14/2024 03:24:00 PM  
Anonymous Anonymous said...

Would lighting a Molotav cocktail while wearing a mask constitute a reasonable suspicion for a stop..? Asking for a friend...

5/14/2024 03:34:00 AM


Would you initiate the stop before, during, or after the observed, and now aflammed, cocktail became an ablazed one?





5/14/2024 04:52:00 PM  

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