The Supreme Judicial Court in Massachusetts has ruled that a documented “pattern of racial profiling of black males in the city of Boston,” makes an instinctive reaction to flee reasonable. “We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect’s state of mind or consciousness of guilty,” the decision reads. The law goes a long way to protecting common-sense reactions but fails in its scope. Why is this only limited to black males? Surely, given recent events of police shootings and unlawful civil forfeiture, everyone has an instinctive reaction to flee. Earlier, this office wrote a blog about a woman who had plead guilty to Felony Possession of a Controlled Substance after a flawed roadside chemical test read that her Advil was Crack Cocaine. Surely she now has an instinctive miss-trust of police. How about the Police in Mesa County who used a S.W.A.T. team to raid the wrong house? Surely that family has reason to flee from the police. The decision is a step in the right direction but is flawed and inherently racist. All peoples should have this protection. Fleeing the cops should not be used to demonstrate guilt or for reasonable suspicion that criminal activity is afoot. The Law Offices of Steven J. Pisani specialize in the field of Criminal Defense. We know that not all cops are out to protect society. If you have been wrongfully charged with an offense don’t hesitate to give our office a call.
Cite: Kenya Downs, PBS, 9/22/2016
Three deputies will serve 10-day suspensions next month for mistreating inmates in and around the Denver County Jail. Deputy David Steckman used pepper spray on an inmate in May of 2014 during a confrontation inside the Downtown Detention Center. The pepper spray hit a fellow deputy according to his disciplinary letter. Deputy Sonya Leyba was on her phone and chatting with visitors when she forgot about an inmate in a secure elevator. The inmate waited alone for 39 minutes before anyone remember where he was. Deputy Anna Romero pulled a female inmate’s hair during a scuffle inside a medical unit where she was on suicide watch. The inmate was drunk, in distress and naked. Everyone makes mistakes at work, but it is the nature of these deputies work that make their actions unacceptable. Their word is held to a hirer standard in a Court of law. In many occasions an inmate’s future is in their hands. It is imperative that deputies hold themselves to a hirer standard. In these three cases, these deputies failed in the line of duty. Is a 10-day suspension really a deterrent for misconduct? If the roles were switched, and an inmate had pulled an officers hair, they would be looking at jail time. The Law Offices of Steven J. Pisani specialize in the field of Criminal Defense. We off Flat Rate Retainer fees and a Free Consultation. If you have been charged with a crime, don’t hesitate to contact our office.
Cite: Noelle Phillips, The Denver Post, 5/20/2016