Thursday, April 30, 2015

Read this. About the Baltimore Police Department

David Simon worked for The Baltimore Sun city desk for a dozen years, wrote “Homicide: A Year on the Killing Streets” (1991) and with former homicide detective Ed Burns co-wrote “The Corner: A Year in the Life of an Inner-City Neighborhood (1997) which Simon adapted into an HBO miniseries called The Wire.

He knows Baltimore, and he knows the history of the Baltimore Police Department and the politicians that encouraged the Big Wink even as civil liberties were kicked to the curb and gratuitous busts and police violence against impoverished citizens became standard operating procedure.

From the Marshall Project interview (read the whole thing!):
David Simom: "... It happened in stages, but even in the time that I was a police reporter, which would have been the early 80s to the early 90s, the need for police officers to address the basic rights of the people they were policing in Baltimore was minimized. It was done almost as a plan by the local government, by police commissioners and mayors, and it not only made everybody in these poor communities vulnerable to the most arbitrary behavior on the part of the police officers, it taught police officers how not to distinguish in ways that they once did.

“If I had to guess and put a name on it, I’d say that at some point, the drug war was as much a function of class and social control as it was of racism.”

"Probable cause from a Baltimore police officer has always been a tenuous thing... Probable cause was whatever you thought you could safely lie about when you got into district court.

"Then at some point when cocaine hit and the city lost control of a lot of corners and the violence was ratcheted up, there was a real panic on the part of the government. And they basically decided that even that loose idea of what the Fourth Amendment was supposed to mean on a street level, even that was too much. Now all bets were off. Now you didn't even need probable cause.

"The city council actually passed an ordinance that declared a certain amount of real estate to be drug-free zones. They literally declared maybe a quarter to a third of inner city Baltimore off-limits to its residents, and said that if you were loitering in those areas you were subject to arrest and search. Think about that for a moment: It was a permission for the police to become truly random and arbitrary and to clear streets any way they damn well wanted....

"This was simply about keeping the poor down, and that war footing has been an excuse for everybody to operate outside the realm of procedure and law. And the city willingly and legally gave itself over to that, beginning with the drug-free zones and with the misuse of what are known on the street in the previous generation as ‘humbles.’ A humble is a cheap, inconsequential arrest that nonetheless gives the guy a night or two in jail before he sees a court commissioner. You can arrest people on “failure to obey,” it’s a humble. Loitering is a humble. These things were used by police officers going back to the ‘60s in Baltimore. It’s the ultimate recourse for a cop who doesn't like somebody who's looking at him the wrong way....

“The drug war began it, certainly, but the stake through the heart of police procedure in Baltimore was Martin O’Malley.... [T]he crime rate fell dramatically. On paper.How? There were two initiatives. First, the department began sweeping the streets of the inner city, taking bodies on ridiculous humbles, mass arrests, sending thousands of people to city jail, hundreds every night, thousands in a month. They actually had police supervisors stationed with printed forms at the city jail – forms that said, essentially, you can go home now if you sign away any liability the city has for false arrest, or you can not sign the form and spend the weekend in jail until you see a court commissioner. And tens of thousands of people signed that form.

“Now, the mass arrests made clear, we can lock up anybody, we don't have to figure out who's committing crimes, we don't have to investigate anything.”

"...The city eventually got sued by the ACLU and had to settle, but O’Malley defends the wholesale denigration of black civil rights to this day. Never mind what it did to your jury pool: now every single person of color in Baltimore knows the police will lie — and that's your jury pool for when you really need them for when you have, say, a felony murder case.

"But what it taught the police department was that they could go a step beyond the manufactured probable caus.... Now, the mass arrests made clear, we can lock up anybody, we don't have to figure out who's committing crimes, we don't have to investigate anything, we just gather all the bodies — everybody goes to jail.

.... Do you have a sense of why the Freddie Gray death has been such a catalyst for the response we’ve seen in the last 48 hours?  Because the documented litany of police violence is now out in the open. There’s an actual theme here that’s being made evident by the digital revolution. It used to be our word against yours. It used to be said — correctly — that the patrolman on the beat on any American police force was the last perfect tyranny. Absent a herd of reliable witnesses, there were things he could do to deny you your freedom or kick your ass that were between him, you, and the street. The smartphone with its small, digital camera, is a revolution in civil liberties."

... In these drug-saturated neighborhoods... they were just dragging the sidewalks, hunting stats, and these inner-city neighborhoods — which were indeed drug-saturated because that's the only industry left — become just hunting grounds. They weren’t protecting anything. They weren’t serving anyone. They were collecting bodies, treating corner folk and citizens alike as an Israeli patrol would treat the West Bank, or as the Afrikaners would have treated Soweto back in the day. They’re an army of occupation. And once it’s that, then everybody’s the enemy....

How do you reward cops? Two ways: promotion and cash. That's what rewards a cop. If you want to pay overtime pay for having police fill the jails with loitering arrests or simple drug possession or failure to yield, if you want to spend your municipal treasure rewarding that, well the cop who’s going to court 7 or 8 days a month — and court is always overtime pay — you're going to damn near double your salary every month. On the other hand, the guy who actually goes to his post and investigates who's burglarizing the homes, at the end of the month maybe he’s made one arrest. It may be the right arrest and one that makes his post safer, but he's going to court one day and he's out in two hours. So you fail to reward the cop who actually does police work. But worse, it’s time to make new sergeants or lieutenants, and so you look at the computer and say: Who's doing the most work? And they say, man, this guy had 80 arrests last month, and this other guy’s only got one. Who do you think gets made sergeant? And then who trains the next generation of cops in how not to do police work?

.... The drug war gives everybody permission to do anything. It gives cops permission to stop anybody, to go in anyone’s pockets, to manufacture any lie when they get to district court. You sit in the district court in Baltimore and you hear, ‘Your Honor, he was walking out of the alley and I saw him lift up the glassine bag and tap it lightly.’ No fucking dope fiend in Baltimore has ever walked out of an alley displaying a glassine bag for all the world to see. But it keeps happening over and over in the Western District court. The drug war gives everybody permission. And if it were draconian and we were fixing anything that would be one thing, but it’s draconian and it's a disaster....

[I]f a Baltimore State’s Attorney told all his assistant state’s attorneys today, from this moment on, we are not signing overtime slips for court pay for possession, for simple loitering in a drug-free zone, for loitering, for failure to obey, we’re not signing slips for that: Nobody gets paid for that bullshit, go out and do real police work. If that were to happen, then all at once, the standards for what constitutes a worthy arrest in Baltimore would significantly improve. Take away the actual incentive to do bad or useless police work, which is what the drug war has become.

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