The Complaint

November 21, 2011 in Crime and Punishment

On Cinco de Mayo of this year, I was working at an off-duty detail for extra money at a local department store. I was in the car—probably typing or editing something for this blog—but I honestly don't remember what I was doing. At about nine o'clock the dispatcher came over the radio with a car crash that was just south of my location—about half a mile away. Normally a crash wouldn't take me off of my detail, but the notes said that it was a three-car collision where multiple children had been ejected from the vehicle and were lying dead in the street. 

Those ones you go to. You don't think, you don't ask your bossyou just drive. 

I never made it to the scene. Cops that were in better positions and a little bit faster had arrived already. What they needed was someone to divert the traffic that was coming from the south. I was immediately in the right place for that, so I threw my car in park, grabbed a flashlight, and tried to make some order out of the chaos that inevitably comes from telling people that they have to go somewhere other than where they want to. The intersection where I was could have definitely used a second officer, but we're all used to making due with less. That's not a gripe. Even when times are good and we're fully staffed, we don't always have a backup when we need one. 

It was pretty early in the whole operation when I noticed that there was a truck behind me that had been going southbound and was trying to make a left turn, which would have taken it right across the path that I had established for the u-turning vehicles. Allowing it to go was out of the question. If I let it get past me, it would be heading right back in the direction of the crash scene where people were lying dead. 

Without much emotion, I shouted over my shoulder, "You can't go that way. You have to go south."

I heard something like, "But I live over there."

The plea fell on deaf ears. The driver was a woman, and I just didn't care about where she lived, or why she wanted to make the turn, or anything else that was in conflict with what I knew needed to get done. She just couldn't go that way and she had to be all right with that. Things like that are pretty routine with traffic direction, and I needed to keep my focus on what I was doing. Cops get killed looking away from traffic. It's easy for drivers not to notice the stick figure dressed in black with all of the flashing lights going.

About a half a minute went by when I noticed that her truck still hadn't moved. I yelled that I couldn't do anything for her and that she should keep going. Again I heard some plea about her house. I had a little break in the traffic, so I tried to offer a quick bit of advice.

"You can either drive around for a while, or park your car somewhere and walk in. You can get it later."

She responded by putting on her hazard lights and starting to get out of the truck. In the meantime, the traffic in front of me had started building again. I yelled over my shoulder for her to stay in the truck and drive away. She didn't listen.

"Do not get out of the truck," I said in a tone that could probably be described as authoritative or menacing, depending on perspective.

She got out of the truck.

"You need to get in that truck or I will arrest you," I shouted in a less than professional tone of voice. Dead children. Recalcitrant driver. I was losing a little bit of my composure. 

"Is this how we talk to each other now?" she said as she tried to get me to look down at something in her hand. It was a gold police shield in a badge wallet.

Traffic, incidentally, was still a problem.

"You're kidding me," I said, now in a normal speaking voice, "You're a fucking cop and you're breaking my balls. This is a fatality."

"Lieutenant. Miami. Thirty-Six Years," she shouted.

"Well, lieutenant, if you don't get in your vehicle and get off of my fucking scene, I will throw you in the back of my car and take you to jail."

My threat was a lie. If I arrested anyone, there would be no one to direct the traffic. (I was still managing to do this while addressing her.) In addition, because I'm a supervisor, my vehicle isn't properly equipped for securing and transferring prisoners. Arresting her was impossible without another cop there, and that was something that was in short supply.

"My name is Sergeant Latrigue, I.D. number four-fifty-nine. My lieutenant's name is Maroni. Complain if you need to, but leave here now." My last sentence sounded weak. I had lost the bluff and as a cop, she knew it. 

I caught a break in the traffic again, so I asked her for her information. If she complained on me, her captain would be getting a call as well. 

"Who is your commanding officer," I demanded. 

"I'm retired," she replied before driving off.

When I was relieved from the traffic post, I responded to the crash scene. Thankfully, there were no dead children. The initial report had been wrong. A kid had been ejected from the vehicle, but it was his mother who had died in front of him. I walked back to my car and drove to the detail.

A few days later I received an official notice that I was the subject of an internal affairs investigation for conduct unbecoming of an officer. I was called in for a recorded statement and asked if I had use profanity and threatened the complainant with arrest. I told the truth about both. 

My punishment was the mildest one that they give for a policy violation. It's essentially a written warning not to do it again, but it's still an official document saying that I didn't do my job properly, and that bothers me. If you take away the fact that I had a difficult and dangerous task to accomplish; that I had a civilian—a former police officer—making that task even more dangerous; and that I had threatened an arrest that I had the legal authority to make, but was logistically unable to; the bottom line is that I admitted to using profanity, and that is what you'll find in my record. 

To be honest, I don't actually care about the complaint, the investigation, or the paper in my jacket. I just keep thinking about that kid growing up without his mom. I think he was eight for some reason, but I don't remember if anyone ever told me or not.

  • http://wordsmoker.com/help/members-3/chillbearlatrigue/ Chillbear Latrigue

    I left out a few things. This is an accurate account of a crash that occurred on May 5, 2011. I changed only identifying information like names and my ID number. Part of the conversation with the former Miami lieutenant was abridged. Her actual obstruction was worse than what’s described here. Unfortunately, everything else is true.

    I’ve been reflecting about my job a lot over the last few days and how the actions of a very few cops, performing only one of the many functions that we’re called upon to do, has inspired some people to villainize the entire profession.

    I had been meaning to write this for a while, but I had to wait for the IA to clear.

  • http://wordsmoker.com/help/members-3/militantrubberducky/ MilitantRubberDucky

    You got reprimanded for saying “fucking” to a nitwit who kept refusing to listen to your order to leave? As tedious as it would have been, having her arrested probably would have been better.

  • http://wordsmoker.com/help/members-3/nodebutante/ NoDebutante

    I’m sorry, Chillbear. I see this happen so often, though in less dire circumstances, where people react without the slightest consideration for the world around them, and react based on their own baggage. It’s a shame that there are consequences to you, but none to her yet. However, karma is a bitch, and will bite her in the ass someday.

  • http://wordsmoker.com/help/members-3/kausaustralisandsaturn/ Worthless Emo

    Either my comment dissapeared or I was not competent enough to push the submit button. Regardless, wuvbear we need more people like you. Thats the sum of what I was going to rant about.

  • http://wordsmoker.com/help/members-3/thepish/ The Pish

    So not only was this woman retired but she decided it best to rat on a fellow cop for directing traffic. She just couldnt drive another way home. Just please promise me that when you retire you don’t go around flashing your badge or conducting traffic stops because you were angry at the local deli for not having roast beef that day.

  • http://wordsmoker.com/help/members-3/chillbearlatrigue/ Chillbear Latrigue

    @ The Pish: Fuck that. What kind of a deli doesn’t have roast beef?

    Yeah, the thing is, that I may have done the same thing if it was an ordinary civilian, but I probably wouldn’t have had to. A civilian wouldn’t have immediately recognized how restricted I was in my ability to do anything. She knew that I couldn’t drop what I was doing to deal with her.

    Trust me when I tell you guys that I’m not whining about the complaint. The policy forced my bosses to write me up. However, I didn’t come out looking bad in this internally. My big problem is that because of the documentation, the next time I am reported to be cursing, there’s a second strike.

  • http://wordsmoker.com/help/members-3/skahammer/ skahammer

    I can’t help being curious about the rule identifying the use of (individual) profanities as conduct unbecoming an officer. Is it a rule of long standing? Frequently enforced? Ever reviewed or challenged? Any alternatives ever proposed?

    I realize none of these answers might be interesting. In that case, I’ll be happy just to hang around Ducky’s MicroFiction post some more.

  • http://wordsmoker.com/help/members-3/chillbearlatrigue/ Chillbear Latrigue

    @ skahammer: Up until about a year ago, the policy dictated that profanity could be used in some “tactical situations.” Tactical situations was never defined, but the idea was that you should try to curb your profanity. However, if “fuck” or “shit” slipped from your lips in a heated situation, you would probably be okey—you just needed to watch it.

    Then a new chief came to the department. His background is internal affairs, and he has been very hawkish about complaints. He changed the policy to zero-tolerance when it comes to profanity.

    This has been particularly problematic when it comes to Taser incidents. My department is one of the few in South Florida that opted to have a camera mounted into the base of the handle of their Tasers. When the Taser is turned on (not deployed), it records audio and video. All taser deployments are viewed by the command staff, and most of them occur in pretty tense situations. So what’s happened is that the officer will shout some command like, “let me see your fucking hands” before or after deployment and they get written up.

    Keep in mind that this has nothing to do with the appropriate use of force. I haven’t heard of a Taser incident in our department that was found to be excessive, but I know of three where officers used profanity and it was caught on video.

    I realize none of these answers might be interesting. In that case, I’ll be happy just to hang around Ducky’s MicroFiction post some more.

    As for MFR, we all need to get cranking over there. I will always answer these cop related questions to the best of my ability. I don’t want to turn this into Copsmoker, but where else can you have an open Q & A with a police officer who won’t just shill for every other cop because of some nebulous code that people in the profession don’t stick to and never have? So please, ask away.

  • http://wordsmoker.com/help/members-3/skahammer/ skahammer

    Well, that’s freaking interesting.

    My own view is that if a rule is part of current policy, then it ought to be enforced according to its terms. But I wonder what kind of process exists to review rules which are enacted hastily and perhaps unilaterally, which might be the case here.

  • http://wordsmoker.com/help/members-3/kausaustralisandsaturn/ Worthless Emo

    Vocational and organizational psychology is something I find interesting. Its interesting that a lot of the higher ups who start preaching it but end up doing the opposite of what a lot of the material out there says to do.

    Oh. Like Pakistan recently taking government action to censor nation wide text messaging.

    In the best formation of group consciousness there is conlang evident. I just want to take a Nicki Monaj on them.

  • http://wordsmoker.com/help/members-3/kausaustralisandsaturn/ Worthless Emo

    and I’ll need a hammer. brb wtf. caffiene head ache. Big Black Cock.

  • http://wordsmoker.com/help/members-3/chillbearlatrigue/ Chillbear Latrigue

    @ skahammer: I completely agree with you. Their policy requires action, and they have been fairly consistent with their discipline from officer to officer. My belief is that they’ve created a policy that is based on an unrealistic standard. They’ve tended to do that in the current administration. We were told in training to try to use our Tasers as opposed to striking people.

    That may or may sound brutal unless you’ve been Tased (in which case, you know it’s brutal). But it proceeds from the the mistaken POV that they are interchangeable applications of force, and they aren’t. There are times, when I may need to punch someone, and times when I need to Tase them. The main difference to the administration is that my fist doesn’t have a camera.

    @ WorthlessEmo: I’m not sure that this applies to the chief. He seems to draft policies based on prevailing opinion. That’s not necessarily a knock on him. His focus is to protect the department—and by extension his officers—from liability. However, we’re not surgeons. We face personal dangers that have nothing to do with civil actions. Taking tools away from us, make us less safe.

  • http://wordsmoker.com/help/members-3/skahammer/ skahammer

    @ Chillbear Latrigue: My belief is that they’ve created a policy that is based on an unrealistic standard.

    I’m sure you’re aware, although it bears pointing out yet again, that this is a constant problem with codes of conduct, regulations, and laws which are motivated much more by a desire to comply with the whims of an overseeing authority rather than a desire to increase the effectiveness and efficiency of an organization.

    People laughed at Herman Cain’s comment about limiting legislation to three pages. I did too; the idea is risible as applied to legislation, which arises from a process of compromise.

    But when organizations write Codes of Conduct, they do tend to get carried away and lose sight of both conciseness and effectiveness. There’s a lot of bad writing in the legal field, but I would single out organizational Codes of Conduct as some of the absolute worst offenders you will ever find. In many ways they are the organizational writing projects with the least connection to reality. By comparison, strategy and marketing plans are models of conciseness.

  • http://wordsmoker.com/help/members-3/militantrubberducky/ MilitantRubberDucky

    @ skahammer:
    Since our department refuses to tell us which sections of our policies they’ve revised, at least limiting it to three pages would make it easier when we have to sign off on acknowledging the changes, when in fact we have no idea what was changed.

  • http://wordsmoker.com/help/members-3/chillbearlatrigue/ Chillbear Latrigue

    @ skahammer:
    I couldn’t agree more. The last time that I was forced to sign a code of conduct policy, I tried to resist. I was eventually ordered to sign it, and I wrote “Signed Under Duress” with a Sharpie™ in the margin. It caused a brief skirmish with the administration, but they eventually accepted the form as it was. I actually didn’t understand the document. It was filled with vague references to not embarrassing the town or discrediting its leaders. Crap like that. It even made reference to a Florida Statute that had nothing to do with the policy. “In compliance with Florida State Statute 92.1 . . .” I don’t remember the statute, and the police was in compliance with it, in that it had nothing to do with it. It was like me writing that in typing on this blog, I’m in compliance with Florida’s drug paraphernalia law.

    What MRD is talking about is the torrent of amended policies that we are notified about every month. The policies tend to be five to ten pages, there is no accompanying training, and the drafters don’t highlight the modifications. What winds up happening is that EVERYONE puts the reading on the back burner and no one knows what they say. Well, almost no one. Every place has one dork who reads everything.

  • http://wordsmoker.com/help/members-3/skahammer/ skahammer

    @ Chillbear Latrigue: I wonder what kind of counterweight could possibly exist in this situation: Some duly constituted body empowered to review department policy and evaluate whether it’s 1) properly concise and 2) based on realistic assumptions. Besides a lawyer, I mean.

  • http://wordsmoker.com/help/members-3/whyamihere/ WhyamIhere?

    @skahammer: Don’t even mention lawyers. They are half the reason the policies are ridiculous; bad lawyers and imagined liability.

  • http://wordsmoker.com/help/members-3/militantrubberducky/ MilitantRubberDucky

    @ WhyamIhere?:
    “Liability – slowly crippling police departments’ ability to do their jobs since 19-when-the-fuck-ever.”