FR version is available. Content is displayed in original English for accuracy.
Advertisement
Advertisement
⚡ Community Insights
Discussion Sentiment
47% Positive
Analyzed from 5002 words in the discussion.
Trending Topics
#police#field#cops#test#immunity#years#dui#sobriety#state#more

Discussion (193 Comments)Read Original on HackerNews
If so, then I think you've got police problems, not police unions problems.
https://law.justia.com/cases/federal/appellate-courts/ca9/17...
In Seattle, the police are "quiet quitting" (traffic ticketing is down 8x over ~10 years ago) and literally committing fraud and getting away with it (an officer on his second time falsely applying over 24 hours of work in a day, just had to return the pay for that week. There's STILL not computerized time tracking...)
They use the bargaining to set contract terms that restrict how people can be fired.
A union member who gets in trouble can leverage union resources and representation to protect themselves.
One of my family members did a term as a union rep. He was getting really frustrated with some of the little claims that union members wanted to use the union to protect themselves from, but it was part of the job. Fortunately for him there wasn’t a serious incident like this to deal with during his term.
https://en.wikipedia.org/wiki/Buffalo_police_shoving_inciden...
I've known several non-bastard cops.
The whole apparatus is shameful.
What does sending "sending extreme racist, sexist, antisemitic texts to fellow troopers" have to do with cover-ups? Anyways my guess is that it's general policy for police/courts to not release evidence unless it's part of a trial, similar to how the Epstein files weren't released across 3 administrations and took an act of congress to get released.
I guess?
I mean you go ahead and call that a release.
If it brings you comfort.
The US government is just corrupt from tip to tail. Why everyone continuously acts surprised about these things is genuinely a mystery?
This sort of character based BS is exactly the problem. The amount the victim got screwed is completely tangential to how upstanding the cops are/were. Justice is supposed to be blind. Punish them for their actual material conduct.
Are you saying people need to put up with racist POS cops?
The real problem isn't the legal doctrine of qualified immunity, but the informal doctrine of "police don't get prosecuted for crimes, and if they are, they don't get convicted."
Holy cow.
From https://isp.illinois.gov/JoinIsp/BecomeATrooper:
Officers may retire from the ISP with pension benefits under the following plans: Tier 1 This information applies to individuals who became a member of SERS or a reciprocal system on or before December 31, 2010. The alternative formula applies to members in certain positions with 20 years of alternative service. Members eligible for the alternative formula may retire at age 50 with 25 years of service, or at age 55 with 20 years of service.
Tier 2 This information applies to individuals who became a member of SERS or a reciprocal system after December 31, 2010. The alternative formula applies to members in certain positions with 20 years of alternative service. Members eligible for the alternative formula may retire at age 55 with 20 years of service.
A maximum retirement benefit of 80% of ending salary is earned after 26 years and 8 months of creditable service.
So people work as much as possible during that time and your peers are expected to make way for you to get as many hours as possible because it’s your turn.
One of many reasons why pensions are broken and going away. When the payout math was based on what people were typically paid but everyone plays games to double or triple it during the calculation window it breaks down.
Would be easy to fix by making it calculated over an entire career rather than the last 3 years, but when the people who make the rules also want their pension gamified you can’t get the rules changed.
So instead they’re just going away for everyone.
But fewer risks than people make it out to be. When people publish the lists of riskiest occupations based on health data, on the job injury data, etc police officers generally wind up around #20 +/-. Meanwhile there are occupations that are much lower paid ahead of them.
Per this 2020 article, police offer is at #22 for fatal injury rate in the US:
* https://www.ishn.com/articles/112748-top-25-most-dangerous-j...
Yep! Stand around for 4-5 hours on a Saturday morning (often hungover; I personally know cops) and pad that overtime and pension.
And beyond that they're so awash with money that they're turning into paramilitary forces.
And on top of that we have a regime of legalized theft aka civil asset forfeiture. Often the police departments get to keep some or all of what they seize. They'll often get a cut of ticket revenue too such that cops will have quotas of tickets to write.
Combine the two and you end up with so-called "forfeiture corridors". You might find that drugs go one way but the cash goes the other and they'll only police the cash direction with excessive stops and tickets to seize as much acashn as they can get and then the burden is on you to prove the cash is not the proceeds of crime.
But "audacious" and "bold" are probably better words to describe it. Maybe I'm overly cautious, but it's inherently risky to confront someone who has taken your property since they have already shown a willingness to break the law. It's a coin toss whether they will perceive the confrontation as a threat and react violently.
All that without even considering that he was dealing with a police officer who, de facto, will be given the benefit of the doubt in a confrontation and may behave accordingly. Not all cops are bad, I think most are good actually, but you have no way of knowing which one you will get in a situation like this. I'm very glad that this ended well (as well as it could have) for him.
He's not brave. He's dense enough to still believe in the system. See also: Knocking on the door of a cop who you've got beef with.
I am neither left nor right, but I feel like I need to say this much more in spaces that heavily lean left -- I wish we would focus on the actual crimes the police are there to stop as much as we do the police reform.
The right to demand a blood test or other mechanism of having the state own the burden of proof might be inconvenient but it's integral to a fairly operating system, just like the right to demand a lawyer or representation.
And note that “involving” is very much not the same thing as “caused by”. Yes, “caused by” will be a big chunk of it, but there's a reason the latter term is not used.
They have breathalyzers and blood tests. Field sobriety tests are not there to help police arrest drunk drivers, they're there to help police arrest whomever they want to.
> I wish we would focus on the actual crimes the police are there to stop as much as we do the police reform.
The U.S. is one of the most punishment-happy countries in the world. Nearly every politician vows to be "tough on crime". This is an incredible thing to say given the past 50 years of policing and justice in the U.S. Won't somebody please think of the children!?
> I am neither left nor right
The "center" is constantly moving and has been, on average, shifting far to the right over the last 20 years. Anyone who claims to be a centrist is therefore either changing their politics with the wind, or was far right all along.
At any rate, the solution is to fire all of the corrupt cops and strictly enforce ethical and legal rules. Everything considered to be evidence needs to have an actual scientific basis for it. No more arresting people for being drunk because an officer with three months of training is considered to be an expert judge in impairment. Officers caught lying about the basis for an arrest should be imprisoned. Enforce the law, but do it in both directions.
And I don’t have a source, so it’s anecdotal but one of those things where you read enough of these cases and even see how cops are trained that the intent for most stops unrelated to genuine traffic violations is to get cause to search the vehicle.
I think back to some of those corridors within the United States where law enforcement abuse cash forfeiture laws to take peoples money.
https://www.youtube.com/watch?v=yGHFpc6uiWA
In California, you are required to submit to chemical testing (breath, urine, or blood — I don’t recall the rules for which applies in which situations). However, you are not required to otherwise talk to or perform the absurd procedure of the field sobriety test (“you have the right to remain silent”).
For example, https://www.gov.uk/stopped-by-police-while-driving-your-righ....
I took OpenAI's references as correct without checking legislation as I'm on my phone.
Look for “if cops say I smell Alcohol, say these words” on YouTube, gives you tips on how to respond if asked about alcohol use or doing a sobriety test.
A positive result will get you arrested and taken to the station, where they have the (non-portable) court admissible calibrated kit.
And if giving every cop a calibrated breathalizer is too expensive: give them a reasonably-accurate one for in the field, then take everyone who fails it to the station for a retest on an expensive calibrated one.
Per the article, he refused the old walk-along-a-straight-line-without-swaying, not a blood test (nor even a breathalyser).
Blood tests are not administered in the field, they would be administered at a nearby medical facility, later in this process.
https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...
See this post elsewhere in the thread too:
https://news.ycombinator.com/item?id=48095493
> That's more than the salary of the Illinois State Police director.
It’s like saying why does the drug cartel leader keep selling drugs, he’s swimming in cash (literally).
Assuming the best case version of this guy’s story he arrested this guy for the DUI and then forgot to check in his wallet, key, and laptop or whatever. Fine, not unbelievable. But it doesn’t look like he followed up about the DUI thing.
I assume it varies but for most places if you refuse roadside field sobriety tests and they feel you have given indicators of impairment they will take you into custody. Then they'll take you to the station and give you the option of taking a breathalyzer and if you refuse again your license is automatically suspended for a year.
The cop got a free laptop so of course the ball got dropped. The point is he they didn't want it dragged through court where that could be easily uncovered so he just dropped the ball. $5k+ lawyer fees minimum if they decide to prosecute the DUI vs $2k at best laptop. The math is supposed easy for the accused.
So then this guy goes and gets the GPS info, confronts the cop, it spirals, whole thing comes crashing down.
And now the state is going after this cop because he's at the very least implicitly making DUI enforcement look bad.
Much as I hope Bradley would be fired and lose his pension for abuse of power, this part is on Holland. In my state, refusing a breathalyzer is by law an automatic penalty because of the "implied consent statute" that you accept when you get behind the wheel: automatic license suspension for 1 year, and you still have to face the officer's testimony. There are consequences to the refusal that have nothing to do with the officer.
Ask yourself why an officer would want to use a set of tests that require being subjective instead of deferring to a breathalyzer.
>No. Field sobriety tests are not mandatory in Illinois. A driver may legally refuse to participate in field sobriety testing without violating Illinois law. These roadside tests are voluntary and are not part of the State’s implied consent laws.
https://dohmanlaw.com/refusing-a-field-sobriety-test-in-illi...
Gotta love voting/flagging rings.
https://news.ycombinator.com/item?id=48095123
https://news.ycombinator.com/item?id=48095098
Just HOW many stories of civil asset forfeiture, blatant theft, assault, murder, and everything do we need to see that policing in this country is a criminal gang backed by government?
And even for simpler crap that everyone gets hit by, is speed limit laws. You can be pulled over for even 1mph over 'limit'. And more gross, is that its not a safety issue, but a revenue enhancement issue. Its a way they can steal legally, AND fish for more things to screw you over with.
And naturally, any thing these pigs do "in the operation of policing" makes them immune, for <handwaving magical> reasons.
(Although it's sometimes blatant graft and corruption, it's not always the case, a lot of police in African countries are very poorly paid and this is a way of supplementing their income. They typically target people who can afford to make a small donation and it's generally a friction-free experience if you play by the rules).
>In court filings, attorneys representing the state and Bradley have argued Holland's lawsuit should be dismissed as the trooper has "sovereign immunity" as a member of law enforcement, and that it was a "lawful" traffic stop.
The concept is right but sovereign immunity is about states and between states.
https://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unit...
That bit of justification seems absolutely bananas to me.
That is horrible anti-american behavior. It's the definition of corruption; and goes against the fundamental principles of the founding of the US.
And, to put it quite bluntly: Cops walking around demanding tips from affluent Americans will quickly get shut down because no one will stand for it.
Ive had police in Mexico just walk up and steal $100+ from my wallet. It was refreshing as in the US they instead police have just dragged me to jail on fabricated allegations. When Mexican police can get all they want by just stealing my money and not my time, it feels like living in a more free country, liberating comparatively.
------- re: below (throttled) ----------
They got a warrant afterwards which they somehow applied retroactively. I found out police had systematically been doing this to people and in fact already sued for this. The hospital had also already been put on notice after ACLU sued in a different state.
I contacted several lawyers and the ACLU (since they already had posted notice for this same thing). ACLU was radio silence for the entire couple years of the statue of limitations, so no help there. The best shot I had was contacting a couple lawyers who specifically sued against the same people who had done it before. They lost the last time due to the courts considering the hospital as effectively deputized as federal officers while it happened. The courts/state got around the lawsuit by claiming it is medical care whenever the warrant issue come up, then claim it is a LEO search whenever the medical aspects of the search were challenged, creating a catch 22.
All lawyers involved told me they'd given up such cases (impossible to win). The prior, almost identical but even worse case (woman finger-raped by doctors without a warrant) was lost due to the catch-22 of it being a "search" whenever the medical aspects were challenged and being "medical care" whenever the search aspects were challenged. This meant it was effectively impossible to challenge it from any available angle.
As for the bill, I never paid it. Still chased by debt collectors for it though.
Basically if federal officers involved you are fucked. Lon Horiuchi straight up sniped an innocent woman holding a baby in her arms, over a husband's failure to appear in court, and even he couldn't be held accountable.