Friday, July 8, 2011

Can a Police Officer pull me over for any reason?

The short, practical and honest answer......yes!  Working the beat as a patrol officer and then in the traffic bureau for several years, traffic stops were my life.  When there was a vehicle that was suspicious or the occupants seemed to be abnormally nervous, I knew it needed to be stopped.  As police officers, we are trained to recognize abnormal behaviors which could potentially lead to something more severe, such as a criminal act.  We are tasked with making sure we do everything in our power to identify and prevent crime from happening.  So, when we see a vehicle that is suspicious and want to stop the car to dig deeper, we will find a reason to stop the vehicle.  Wisconsin has a state statue section called, Trans305.  This was one of my favorite legal sections, as it pertains to specifications of equipment on vehicles.  Anything from placement and color of headlights, tinting, height of vehicle, how far tires can stick out from the fender and many other very specific laws.  If I needed to stop a vehicle, I guarantee you I could find a Trans305 or moving traffic violation that would be applicable.

Now, having said that, law enforcement must have solid reason or suspicion to stop your vehicle.  We can't just make something up.  Our decision to stop might easily be tested in court by a judge or a jury.  Our reason to stop must be within the scope of a violation of traffic law, equipment violation or "reasonable suspicion."  A traffic law or equipment violation are pretty concrete, but what about this "reasonable suspicion?"  If law enforcement observes a vehicle that is acting suspicious, beyond a reasonable doubt, they can stop the vehicle.  The suspicion in court will be tested by what the average person would conclude under the same circumstances, with all the information that the police officer has.

Law enforcement officials are tasked with tremendous responsibility of protecting our communities.  While many people feel that police officers stop people unnecessarily or without cause, 99% of law enforcement are doing what they are trained to do for the right reasons.  In today's society, we need tools where we can prevent something bad happening before the act is carried out. 

Just remember, a police officer might just stumble on a vehicle or person who is driving to a public location to open gun fire and kill people.  Maybe the officer just happens to stop a very large transport of drugs that could end up in your kids hands.  Maybe the traffic stop is a drunk driver, that if not stopped would have hit you head on a mile down the road and killed you.  Law enforcement officials are doing good work to protect all of us and we need to understand and respect them and their invaluable work.

Wednesday, April 27, 2011

Over the years, you begin to wonder how our laws became in effect, or more so, how law makers don't clean up some significant loopholes.  One particular and alarming loophole is the ability for anyone to sue for any cause.  Now, while I am not saying a person does not have the right to receive compensation for damages done against them in a normal situation, but this one takes the cake.

In numerous cases across the United States, burglars who have attempted to break into a home and received injuries as a result of their attempt, such as a laceration from entering a broken window (broken from the intruder) or injuries sustained from the homeowner who confronted the burglar attempting to defend their property or life, have successfully sued the homeowner.

As a society, and a community, how do we allow these loopholes to exist.  Home owners should not be liable for any damages that an intruder may receive as a result of their criminal activity.  As a law enforcement official, we tell people they have a right to defend their property or themselves in a reasonable manner.  People should not be fearful that their actions they take to defend themselves or their property could result in a successful lawsuit against them.

Those who engage in criminal activity, should be stripped of any and all of their rights to pursue class action suits against the victim, if the victim acted in a reasonable manner that would be normal under similar circumstances.   What are your thoughts?

Tuesday, April 19, 2011

When are we going to stop being so politically correct and sensitive, and actually do something about guns in our schools?

My friends at Fox News report that a 6 year-old boy brought a loaded gun to his school in Houston and during lunch,  the gun apparently fell out of his pocket and fired off rounds and injured three students.

Over the years, we stress more and more on how we can protect our kids from gangs, drugs and other horrible dangers.  Can anyone explain to me how this is possible for a 6 year old to get their hands on a weapon, let alone a loaded one?

Two issues.  First, the parents in this particular case will undoubtedly and justifiably be charged with negligence and contributing to the crime.  They will also be facing significant fines, lawsuits, and possibly jail time - all deserving, if the gun is from the child's home.  Are we as a society and parents neglecting one of our most critical responsibilities, which is to care for and protect our children?  I would hope that as a result of this investigation, that not only the parents are charged appropriately, but they are stripped of many rights that they currently have.  I would propose the charges are all felonies, so that the parents would be banned from all weapons, fishing, hunting, voting, etc.  I would propose having the parents stand at the entrance of the school with t-shirts saying, "I was a bad parent, I allowed my son to bring a gun to this school and kids got shot."

Finally, when are we going to learn that we have to do something with our school safety?  How many incidents are going to happen before we actually take this seriously and do something about it.  Enough of trying to be politically correct or sensitive...do what needs to be done.  Put weapon screeners in school entrances.  Allow school staff members the ability to search students possessions on school premises at any time, without notice or permission.  Allow school members to be able to search vehicles that are parked on school property.  Let's strip the rights of privacy in our schools and do what we apparently need to do to make our kids safe.  I bet the parents of the three kids who were just shot in Houston would have been happy to give up people's privacy rights....wouldn't you if it were you child?