Category: Policing

Guardsmen as Cops

by · Sep 22, 2025 12:59 pm

Barry Latzer and Peter Moskos have this article in the National Review. Sending in the National Guard for law enforcement has some benefits, but it is not an optimum solution.

But there are limits to what soldiers can do.

First, troops do not have police powers and cannot enforce laws or arrest lawbreakers. They are not trained in the chain-of-custody protocols needed for evidence preservation. Nor can they do the detective work needed to track down suspects.

Second, national guardsmen cannot prepare a case for the prosecutor. This is a vital job for which the police have training. Cops are taught how to interview victims and other witnesses, gather physical evidence, and preserve the chain of custody, and then testify in court to help obtain a conviction. Soldiers can’t do this, and without convictions, offenders cannot be sentenced and incarcerated for their crimes.

Continue reading . . .

Police Use of Force and the “Moment of Threat”

by · May 15, 2025 10:52 am

The Supreme Court has long held that claims of unreasonable search and seizure under the Fourth Amendment must be evaluated under the “totality of the circumstances.” Since Illinois v. Gates in 1983, it has rejected categorical rules that confine the assessment. Today the high court decided in Barnes v. Felix that a claim of unlawful use of force against a police officer cannot be confined to the “moment of threat.” Unlawful use of force is considered a seizure and analyzed under the Fourth Amendment.

Today, we reject that approach as improperly narrowing the requisite Fourth Amendment analysis. To assess whether an officer acted reasonably in using force, a court must consider all the relevant circumstances, including facts and events leading up to the climactic moment.

No big surprise there. The decision was unanimous. Continue reading . . .

Progress and Problems in Philadelphia

by · Dec 27, 2024 11:28 am

In 2023, Cherelle Parker won the Democratic primary for mayor of Philadelphia, running as more in favor of law enforcement than the other candidates. As CBS reported in May 2023, she promised to crack down on drug sales in the infested Kensington neighborhood, supported hiring more police officers, and opposed the absurd “defund the police” movement. The general election was a foregone conclusion in this heavily Democratic city.

As Mayor Parker closes out her first year, how much progress has there been? Some, to her credit, but not enough. The Philadelphia Inquirer had this story last Sunday.

Since January, the Parker administration has put 75 new police officers on the street, quashed homeless encampments, and increased narcotics arrests as it tries to respond to Kensington as if an open-air drug market had opened in Rittenhouse Square.

But the crackdown hasn’t been as swift or forceful as many residents had hoped.

An Inquirer analysis of police department data found that Kensington saw a steep reduction in gun violence, in keeping with a historic decline citywide. But the quality-of-life crimes and nuisance issues that plague the neighborhood have not improved, and have instead followed the familiar pattern of policing in Kensington: Old problems just move to new places.

What is holding up progress? Limited resources, as always, are a factor. Police can only make so many arrests when the jails are full. But curiously the Inquirer doesn’t even mention the District Attorney. The Wall Street Journal addresses that aspect in this editorial. Continue reading . . .

New LAPD Chief Wants More Reporting of Crime

by · Nov 18, 2024 9:20 am

Speaking of a new day in LA, former County Sheriff Jim McDonnell is now the City Chief of Police. Richard Winton reports in the LA Times that the new chief expressed concern that the actual crime rate is higher than the official figures show because the people are reporting fewer of the crimes that are committed. This is a problem with crime statistics that we have noted many times on this blog.

Crime is trending down in Los Angeles, with homicides alone on track to fall 15% compared to last year, but newly sworn-in LAPD Chief Jim McDonnell is concerned that statistics aren’t telling the full story.

Speaking ahead of the ceremony Thursday to mark his arrival as the city’s 59th chief of police, McDonnell voiced concern about the perception of disorder — and the reality that crimes are going unreported because some believe nothing will be done to investigate. Continue reading . . .

The Cost of Lax Enforcement of the Law

by · Sep 17, 2024 11:06 am

The Washington Post provides an example of the cost of not enforcing the law, even for minor offenses, in this story by Racher Weiner.

Paisley Brodie, age 12, was walking from school to the library when she was hit by a car while crossing the street in the crosswalk. She was taken from the scene in an ambulance. The car that hit her “has 94 unpaid tickets worth $19,770 from D.C. traffic cameras, six for speeding just this month and four for running red lights since July.”

It turns out this is not unusual. The car “is among roughly 2,100 vehicles with 40 or more unpaid tickets, according to D.C. Department of Motor Vehicles numbers from last year. It’s a fresh example of how drivers can rack up infractions from D.C. cameras but remain on the road.” Continue reading . . .

Qualified Immunity and Armchair Quarterbacks

by · Apr 1, 2024 11:12 am

Four years ago, Daniel Hernandez died on the street in Los Angeles because of his own inexcusable act of coming at a police office with a raised knife* in his hand and continuing after repeated warnings. So, as is common these days, there were protests and a lawsuit claiming that the police violated his civil rights.

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal of the federal civil rights actions on March 21 in Estate of Hernandez v. City of Los Angeles, though it held that state-law claims can go forward. Parsing the various shots fired by Officer Toni McBride, the court held that the first and second volleys were clearly justified but a third pair of shots presented a question of excessive force. Qualified immunity applies, though, because the law is not clearly established regarding the later shots. This holding raises the usual squeals that the qualified immunity standard is too restrictive, requiring a precedent that is a factual match. See, e.g., this article by Kevin Rector in the LA Times.

I agree with the Ninth Circuit’s legal analysis of the qualified immunity question. It correctly applies U.S. Supreme Court precedents on the subject. What I find troubling about the case, though, is the exercise of people in their comfortable offices carefully parsing video of an event on the street that happened in mere seconds. Continue reading . . .

Mental Health Response: The Devil Is In the Details

by · Aug 25, 2023 10:51 am

Finding the best way to respond to mental health crises is a continuing search. One thing we can be sure of is that proposals under the “defund the police” banner are bad ideas. See Michael Rushford’s post yesterday. We need more police, not fewer, regardless of what we do about mental health calls. Beyond that, alternatives need to be well thought out and adequately funded and supported. Too often, they are not. Scott Calvert and Julie Wernau have this report in the WSJ, titled “‘No Hose, No Gun’: Police Alternatives for Mental-Health Crises Fall Short: New units designed to avoid violent and often deadly encounters lack both funding and institutional support.”

Dispatchers at the 911 center in Mesa, Ariz., have three levers to pull: fire/medical, police or mental health. The last one is a relatively new addition, adopted by dozens of police departments around the country and aimed at avoiding violent and often deadly confrontations between police officers and the mentally ill.

“No hose, no gun,” said Mayor John Giles. “Just somebody with a clipboard and an argyle sweater who wants to ask how your day is going.”

Now there’s a disaster waiting to happen, if the person is so far gone as to be a danger to himself or others. Continue reading . . .

Accountability for Crime in California?

by · Jun 30, 2023 11:17 am

The Right Message, Wrong Messenger Award for today goes to the owner of several San Francisco retail businesses, who said this:

My biggest gripe right now in San Francisco has been, frankly, we’re not enforcing existing laws … we’re not prosecuting the law breakers. Judges, DAs, the whole panoply — I want to see people held accountable for breaking the law.

Notice that the California Governor is missing from the list. So why is this person the wrong messenger? Continue reading . . .

DOJ To Prohibit Data-Based Policing

by · May 10, 2023 11:17 am

One of the most effective improvements to policing of the last fifty years has been the use of data to determine which neighborhoods are plagued with the most crime.  In the mid 1990s, law enforcement agencies in many U.S. cities, including New York and Los Angeles, were able to dramatically cut crime rates by targeting high crime areas with more police patrols and specialized units focused on gangs and illegal firearms.  Crime reporting and incident data has also helped focus government and private programs on the areas and populations most in need of services to improve their lives.  In its blind pursuit of “social justice” the Biden administration has determined that data-based policing is racist.  James Lynch of the Daily Caller reports that Department of Justice is proposing updating anti-discrimination guidelines which will prevent federal law enforcement from relying on crime statistics to catch criminals.

Continue reading . . .

Chicago Votes for Crime

by · Apr 5, 2023 8:44 am

Bad news from the Windy City. Joe Barrett reports for the WSJ:

Brandon Johnson, a Cook County Board commissioner with strong backing from the Chicago Teachers Union, pulled off an upset victory over former schools chief Paul Vallas to become mayor of the country’s third-largest city after a contentious race focused on public safety.

The Associated Press called the race with 99% of precincts reporting. Mr. Johnson was ahead 51.4% to 48.6%, a margin of nearly 16,000 votes. Continue reading . . .