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G. Lanier's avatar

I'm a fan of the broken windows Theory, to a point. Usually when officers start making stops for people jaywalking or failing to use a crosswalk it's because there's an issue in that area. Maybe it's pedestrians being hit by cars, maybe it's cars crashing to avoid pedestrians, or maybe it's because of prostitution and drug dealing in the area and those people running back and forth across the road to do their thing. These are the type of things that the broken windows Theory wants to look for because in certain areas where there is high crime, drug sales, prostitution etc, it's these little things that if they are allowed to continue without police intervention or attention, they can snowball into larger issues.

In my former jurisdiction each Sergeant was required to write up and manage a platoon operation once a month. It was supposed to last for a minimum of a week but could go longer if necessary and they were provided whatever tools were necessary and available for their operation. On many occasions those operations were designed and implemented in the high crime areas and on several occasions it was targeting the prostitutes and the drug dealers who ran back and forth in front of traffic ignoring the crosswalks and The Pedestrian crosswalk lights so they could sell their wares. Stopping someone allowed us to get their identification and run their names and it often resulted in warrant arrests, arrest for possession of narcotics, arrest for possession of weapons etc. Conversely, other similar operations were near school zones where students often simply ran across the road ignoring the crosswalks to get to school or to a convenience store across the street from their school and it had resulted in numerous accidents and at least one student killed. We would conduct Zero Tolerance operations at both of those locations albeit for completely different reasons and I would call them very successful.

Whatever the reasons were that the officers were conducting enforcement in these areas, this was a legal and Justified stop on the subject and Illinois versus Wardlow has made it clear that in high crime areas a subject fleeing on the sight of a police officer is reasonable suspicion to pursue that person and detain them. Yes, I know this isn't exactly that but this subject was being legally detained for an infraction and he fled from police which would give them the right to pursue him. Policies aside, and quite frankly this policy is vague at best and doesn't seem to prohibit anything it simply says that officers need to be aware of the reason for the pursuit. I personally think it's wrong headed to tell officers they can't pursue someone on foot for a misdemeanor particularly the way this one ended up. The subject was obviously armed with a firearm and engaged police officers in a shootout before he killed himself. So if policies expressly prohibited chasing after someone who you had stopped for only a misdemeanor, you would have an armed suspect running around somewhere in the neighborhood. Hell, even the governor of California is now chastising the city of Oakland for having a restrictive vehicle Pursuit policy that has resulted in higher crime rates and everybody running even for the most minor crime. I mean, those of us who actually worked the road predicted this back in the 90s when agencies were starting to enforce these no Pursuit policies. I know in my jurisdiction it resulted in everyone running and in fact a vehicle theft gang that would engage our officers in Pursuits just for the fun of it because they knew we'd have to break it off as soon as they hit the gas. 20 to 30 cars a night being stolen and run through different jurisdictions trying to get police to chase them at least for a block or two. All of that because they knew there were restrictive Pursuit policies. But I digress. This was a legal stop based on the violation of either an ordinance or a state law, the suspect was legally detained and he fled, officers pursued him and he was killed when he decided to draw a firearm and engage officers in a gun battle and then shoot himself apparently.

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JJ's avatar

Good breakdown and great questions. It will be interesting to find out more and you did a good job here. Thank you for updating us on this strange one and please keep following up. There is more here and your objectivity is appreciated. There is definitely something off about the guy even in his mannerisms and the bookbag drop is strange. Did the officer know what was in there or Sgt and that is why pursuit was necessary? It's so strange that he wouldn't just take his lumps with the ticket, even if jaywalking citations are gauche.

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