Posts Tagged ‘arrest’

They’re Not on Your Side

Wednesday, November 17th, 2010

When we were kids, the police were the good guys.  They were who you could turn to if you got lost.  They were the ones who protected us from the bad guys.  They were on our side.

When we were kids, of course, we learned a simplified version of reality.  All the “lies we tell children” because the truth is too complex, or because it’s the way we’d like them to think.  The problem is that lots of us grow up without ever learning the “reality” version of reality.  The results can be tragic.

Because the police are not on our side.  And woe betide the honest citizen who acts like they are.  It’s not that the police are bad.  The vast majority are good, decent folks.  It’s that the police see the world in “us against them” terms.  And we good honest citizens are part of the “them.”

We all know that being a police officer can be dangerous.  When a cop pulls you over, or encounters you on the street, he has no way of knowing whether you’re going to be that one wack-job who pulls a gun or a knife on him.  It happens.  Because the world contains wack-jobs, thugs and the like, we are all potential threats.

But that’s not the half of it.  For a while now, the police have felt embattled.  They’re constantly criticized for violating civil rights.  They’re hamstrung by “technicalities” that make it harder for them to do their job.  Politicians, protestors and the proletariat are constantly pointing fingers at the police.  We civilians are a spoiled, ungrateful bunch.

And hence, the “thin blue line.”  From a police perspective, it’s an us-against-them world, and if you’re not in law enforcement then you’re on the other side.

Now a police officer cannot help but notice that there are only a few of “us,” and a heck of a lot of “them.”  The only thing protecting the police is a perception of their authority.  If the public loses that perception, the police lose their power.  So they desperately need us to respect their authoritah.  Any sign of insubordination must be dealt with right away.

It’s a neurotic worldview.  It’s a perfectly rational reaction, but that doesn’t make it any less paranoid.

And of course their job is not “to protect and serve” — at least not in their eyes.  Their job is to (more…)

Taking DNA Samples at Arrest? Not a Problem.

Wednesday, August 4th, 2010

dna

On May 8, 2005, we were having a party.  It was our birthday, and our firstborn had just turned 1 a few days before, so it called for a big celebration with friends and family.  For us, it was a time of new beginnings.  But for Jerry Hobbs, May 8 2005 was the end.  He found his 8-year-old daughter and her 9-year-old friend brutally stabbed to death, in a park in Zion, Illinois.  He immediately called the police, who immediately made him their number-one suspect.  He’d just gotten out of jail in Texas, after all, so why investigate further?  He was subjected to a long, intense interrogation, and eventually made a statement that sounded like a confession.  He recanted the statement, saying it was coerced, but that didn’t matter, and he was charged with the murders.

Shortly after his interrogation, the police found DNA on the girls’ bodies that didn’t match Hobbs.  The DA discounted it, saying it must have been cross-contamination and couldn’t have been relevant to the crime.  But the DNA was in semen found on the girls’ bodies — and inside one girl’s vagina — and that’s not cross-contamination.  The DA insisted that it was still irrelevant, and that the semen must have been on the ground before the attack.  Seriously.  Hobbs remained in custody, charged with the double murder, for more than five years, though his case never went to trial.

He was in jail until a couple of hours ago, that is.  As it happens, that DNA on the girls’ bodies was extremely relevant.  Jorge Torrez, who had lived in Zion at the time, was arrested in Arlington, Virginia a few months back, and charged with the abduction and repeated rape of one woman as well as attacking another woman.  Virginia, unlike Illinois, takes DNA samples along with fingerprints when someone is arrested.  The DNA taken at Torrez’s arrest went into the database, and popped up as a match to the DNA found on the girls.  The Illinois prosecutors dithered for weeks, but this morning they finally released Hobbs from prison (though they refused to issue an apology, insisting they and the police had done everything right).  Still, an innocent man went free at last.

And if Torrez’s DNA had not been swabbed on arrest?  Hobbes’ coerced, false confession might well have resulted in yet another wrongful conviction.

This raises a lot of issues.  There’s the misuse of DNA evidence, and there’s the false confession, but those are topics for another time.  (If you’re interested in learning ways to defend such cases, you can check out our “Hope for Hopeless Cases” CLE series, particularly lectures IV and V.)

Today, however, our beef is with the civil liberties argument against taking DNA samples at arrest.

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The argument is that people who haven’t yet been convicted of a crime should not be compelled to give DNA samples.  It smacks of “Big Brother” and “Minority Report.”  The government might conceivably (more…)