Founder & ED
@PFJ_USA
; relentless lawyer; sometimes
@StanfordLaw
, can drive a truck/trailer rig through places you shouldn't. Speaking in my personal capacity.
It's your weekly video! Today: saddling people with massive debt makes them less likely to succeed... and more likely to get rearrested.
So why are prisons allowed to charge people by the day like hotels... and unlike hotels, charge them for days they never even stayed?
Special prize today to
@Delta
for letting me and my husband into their lounge because we have a specific credit card and informing us our 4yo would have to pay a fee or wait outside bc she "not a cardholder"
Good job Delta, you really thought that through
The Denver program to send social workers instead of police (STAR) has responded to over 2,200 calls low-level/intox/MH calls.
They have never called for police back-up due to a safety issue.
Never.
Think about that.
So I was talking with my mom about
#DefundThePolice
. And she asked me a question: how could what happened to Rayshard Brooks happen, at this moment, in this uprising? How could police keep...doing this?
So this is what I said.
Just opened a box from my grandmother's basement and here is a photo labeled "Jack's Photos Of Atom Bomb" and... apparently my great uncle was able to capture this. In Nevada.
Just read that a % of people are skipping 2nd vaccine bc they fear side effects. Reading Twitter one would think everyone gets side effects. So for a little balance, hubs & I have ~zero effects from 2nd Pfizer. He's a little tired. I scrubbed the tub and made muffins today.
So... police lit up Breonna Taylor's house over drug allegations that didn't involve her, but didn't enter the Nashville bomber's property despite being told he was building a bomb... because, like, he didn't answer the door?
My husband and I met as public defenders. One day I had a really high stakes hearing litigating a life sentence. My client was understandably nervous. He was wearing a borrowed suit that didn't fit quite right & my husband gave him his own belt and told him it was his lucky belt.
Bullshit. This man has seen it all. This man will file the most scathing motion you’ve ever read & follow up with a “sent from my iPhone” email. This man sees the judges daily & won’t be fooled by your BigLaw ~fear me~ attitude. I’d trust this man with my life.
We could let kids sleep in until 9 or do morning activities and then have them learn from 10 to 5 with awake little brains. What is this country's obsession with things that were designed to accommodate the needs of people in the 1800s?
Also
@Twitter
...you should verify me. I've been working in this stuff for over 10 years, I'm the Exec Director of an access to justice project, I'm a criminal defense lawyer, and my work is super relevant at present.
So consider this my first
#verifiedrequest
Anyway my husband was the beltless lawyer that day and he let my client keep the belt for good.
The point is never underestimate a man who is confident enough to give up his belt.
This kind of policing is massively oppressive and also not advancing safety. I am so sad that kid had to spend an hour of his life terrified and in handcuffs. And I'm even more sorry that we didn't use public safety resources for something else.
And thus the thread was muted.
Joke's on the folks who hate kids though...4yo is presently enjoying the 1957 classic film Funny Face after silently finishing her book pile, way chiller than 85% of adults in air travel (looking at you Loud Boring Guy and Fake Service Dog Lady)
Which is why I'm telling you this story. About a million dollars worth of cops and a few $100000 worth of cars and equipment were spent for the better part of an hour today detaining a kid who had done nothing wrong.
We walked into the hearing w/new confidence. My client believed in that lucky belt. I believed in that lucky belt. I argued the case. We won. And when I thanked my husband for that little extra bit of luck, he laughed, and told me it was just a belt that *became*lucky that day
So when you hear "defund the police" and you get worried about a world where there's no one protecting the public, please remember that EVERY MODEL for doing this envisions a world where someone is on the other end of the phone when you call 911.
As a public defender, whenever I got a case that was just especially, stupidly made-up (think someone arrested for dealing drugs who was at home with no drugs, money, scales, paraphernalia, or baggies on them) the first thing I checked was the cop's schedule.
Hey, if you are wildly swept up in a new cycle that moves way too fast, like me, you may have missed the fact that D Cameron admitted the only charge he submitted to the Breonna Taylor grand jury was wanton endangerment.
So you can't get sued, you won't lose your $ no matter what you do, and, what's more, you're living in a culture where morality is upside down, bullies rule, and everyone is trained to be both extremely violent and extremely terrified all the time.
So when we look at police budgets that are bloated like this...it's not just military equipment and chemical weapons.
It's public officials lining their pockets with taxpayer money by doing terrible things to the people they're supposed to protect.
Killings--murders--have continued, and will continue, because the police lack all accountability. It's not just qualified immunity, which protects them from being found liable for things that would bankrupt/jail the rest of us. It's the money.
Follow the money.
Let's not forget that the end-of-shift arrest isn't just an inconvenience--arrests cost people jobs, homes, family unity, sometimes unraveling entire lives.
Some of these cops are making close to half a million dollars a year on the backs of the poor and innocent.
Why? Well, because processing an arrest takes time, but it's also really easy. So you can make time-and-a-half for sitting in the precinct typing up some papers and waiting to talk to a DA.
This REALLY adds up.
Her name was Tabitha. She was a mother of two. He arrested her for raising her voice in an argument. And she is dead because her government failed to provide competent public safety personnel and let some young idiot arrest for the sake of arresting and then text in excitement.
An incompetent rookie officer was texting & driving late at night after responding to a call about a man & woman fighting on a bridge, this led to him driving off a bridge into a river drowning himself & murdering the woman he had handcuffed in the backseat. Felt like I buried…
While we were sitting there, my husband and I looked it up. The police in this county have a 24% clearance rate for sexual assault cases. That means that over 3/4 of sexual assault cases aren't even closed in San Mateo County.
BREAKING: Scott Warren was on trial for offering food and water to migrants dying in the desert.
Many of you were calling for jury nullification--indeed, this is why we have juries, so that humans can say NO when the law is wrong.
***THEY SAID NO.***
Inevitably--seriously, ask, like, any defense attorney about this--when you got a really stupid arrest, it would be within an hour or so of the end of the cop's scheduled shift.
Shift ends at 6pm? This really bad arrest would be at, like, 5:30.
This weekend, let's think about the fact that Steve Bannon was released w/o bail on allegations of stealing hundreds of thousands of dollars while other people all across the country sit in jail for petty shoplifting.
Bail isn't about safety. It's about race, wealth, and power.
My
@JetBlue
flight was canceled tonight (to the dismay of everyone) because the pilots were wiped & said they couldn't do one more flight tonight.
And you know what? I'm incredibly grateful to them for being honest and not risking my safety to please an angry crowd. Thank you.
Why is that important? Let's say I never got this kids name but he got arrested. Who would I give this video to? How would I find his lawyer? No centralized office to call. No defender agency. I would be at a dead end.
So we pull over and find a good place to sit and snap out our phones. If you are ever wandering down the road and you see kids of color interfacing with police I hope you would do the same.
The cops immediately noticed that they have eyes on them, as 2 more sheriff's SUV's pull up. We now have 2 young people in a car and 5 cops coming out of 3 SUV's. That's about a million dollars worth of cops for...a traffic stop?
Police pensions are...generous. Many are raking in hundreds of thousands of dollars per year, even if they've been dismissed for the kind of misconduct that would throw you or me into a cell.
Derek Chauvin, the cop who murdered George Floyd, could *still get his million dollar pension* even if he is getting those checks while serving a sentence for homicide.
While everyone is talking about the gun case, please consider Vega v. Tekoh: SCOTUS just said that if police fail to inform you of your rights, you can't sue them.
This is the death of "Miranda rights."
Ordinary people are disempowered, government impunity grows.
They pull his passenger out of the car and tell the 2nd kid to leave. The kid is standing on a public sidewalk and does not actually have to leave by law. Incredibly, he calmly stands his ground and says he'd like to wait for his friend.
I remember NYPD hanging around outside methadone clinics on Saturdays, when people would get 2 doses to cover Sunday too. Undercovers would pretend to be in withdrawal & beg for someone's extra dose. If someone was kind enough to give it to them, they got arrested. For a felony.
“Police-created crime.” My first legal internship was in NOLA for the Orleans Public Defenders. Witnessed tons of injustice Post-Katrina. Cops would be put food out in random cars w/ windows rolled down. People who were starving would reach in, grab food & get arrested for it.
Time creeps by. In a traffic stop, police aren't supposed to be able to detain you beyond the time necessary to effect the purpose of their stop, like, if they stop you for a broken taillight, they are allowed to detain you for as long as it takes to write a ticket.
Above I said "arrest" as a shorthand and bc on Twitter I try to steer clear of legalese but there are SO MANY TECH BROS explaining the law to me, a defense lawyer, that, uh, I felt called upon to elaborate.
A lot of this has been said in a lot of places by a lot of people BUT what one years less about is that this insulation from consequences isn't just toxic on a macro (murder) level, but toxic every damn day.
Let's talk about overtime.
The county claims a 65% clearance rate overall in recent years, but that data issued by the county isn't broken down. So we can't see, for example, how poorly sexual assault cases are treated compared to regular assault.
My mom is not steeped in these issues (I mean, she is more now, because, like, she has to be mother to yrs truly). So this thread isn't intended for folks who are already right there with us. I'm hoping this will be useful for folks who are wondering, and who share her questions.
Me, explaining Montessori to a 3 year old: It's a school where they believe that work is play...so they think playing is your job.
Her: Playing is not my job.
Me: ... what is your job?
Her: Being a grizzly bear and living my life the right way for a grizzly bear to live.
Seems like the driver is on probation so of course they are going to search the whole car. They pull him out, handcuff him, shove him in the back of their SUV. No Miranda, because they would claim this is not an arrest, so w/o Miranda this kid is just nervously talking & talking
Clearly something more is happening. After a while, while, 4 of the cops go and surround the car. Again, these 2 young men are sitting in the car doing nothing. Not even moving. Every cop on the scene has their hand on their gun.
So one single narcotics detective has finally been caught testilying, and now hundreds of cases are in question. I want to tell you about my personal experience with this fool, and about how the scale of impact here is much, much bigger than it seems.
So they've got one kid handcuffed in the back of the cruiser with 2 cops next to him and another cop with a heavy mustache just pretty much dedicated to mad dogging the passenger from a few feet away.
OK, popping back in one more time bc there is a lot of dangerous Miranda disinfo in this thread.
No, cops do not have to Mirandize a person just bc they are arresting them. But custodial interrogation requires Miranda. Here, we had them questioning a person in cuffs.
Is that a slam dunk Miranda claim? No. They would argue this is temp detention not custodial. But it would be enough for me, as a defense lawyer, to argue that it WAS custodial & any statements should be suppressed.
I am grading papers in bed.
The 5yo is keeping me company.
About half an hour ago, we were kind of thinking about how great it would be to have waffles. But we didn't have the means or the opportunity.
30 minutes later the fucking dreamboat I married walks in wordlessly and:
My entire Twitter feed right now is just videos of police *everywhere* whaling on people with bats and other weapons.
As a lawyer, I can tell you everything I have seen on these videos is 100% illegal.
As a human, I am anxiously and urgently hoping that will come to matter.
This means the Attorney General knew that any grand jury was basically gonna indict those cops of whatever he put in front of them. So he didn't give them the option to hold anyone accountable for Taylor's death.
Speaking of which, NYers, when surveyed, want housing and non-police first responders as their top public safety interventions.
Not more punishment. Aid. Care. Solutions.
@BostonStuff
@Delta
It's the logic problem for me. Like... at an age where a kid can be in an international airport without their parents, okay. Shitty but logical. 2 and up ain't it.
OK, let's talk about the warrant thing, since it's coming up in the Daunte conversation. Right now the conversation is grief and outrage and it feels inappropriate to dig in, but people are raising it, so there are some things you should know about "having a warrant out"
The cop who killed George Floyd got 22.5 years.
I have rep'd ppl sentenced to LIFE for:
- stealing $27 in plumbing supplies
- possession of so little meth it fit under a fingernail
- shoplifting a $2 pair of socks
Not asking for equal punishment.
Asking for equal mercy.
I have been waiting for someone to say this. My husband consumes all information via video and I...can't? Like I can read faster than video people can talk. The fact that I am increasingly expected to learn on someone else's time scale will never stop bugging me.
I really want everyone to pivot back from video. I fucking hate video. Do not ever make me watch a video just to obtain information. Making me watch a video instead of giving me text I can read is an act of violence against me specifically. When will it end.
He lied to the people of his state.
He lied to you.
He walked into a space where he was supposed to be a prosecutor and did not carry out his duty, as that duty would be carried out against any ordinary person.
I know it's a small thing, but the everyday evidence of police considering themselves to be above the law just really frustrates and depresses me. Synecdoche, etc.
If I told you that one out of every 20 homicides was committed by a single type of person, would you want to know more?
Would you want to specifically target interventions that prevent that type of person from killing again?
Would you think it should be a top policy priority?
Want to get mad on a Friday night? Join me for a quick tour of how CA cops are exploiting the most vulnerable people, stealing people's cars, and helping tow yards make insane profits. Receipts below. Let's dive in. 1/13
Hot take: the problem with Law & Order isn't that it's unrealistic, it's that it frequently depicts *realistic* police and prosecutorial misconduct, and then works to get the audience to root for the misconduct as a justified means to an end.
Let's talk about grand juries.
They are so malleable that I have personally seen situations where you've got a cop with a sprained wrist and a kid with a broken face and they indict the kid for spraining the cop's wrist with his face.
So. There's your justice system.
So, because I'm thinking about it tonight, I wanted to explain what I mean when I say "if you let police break everything, you need public defenders to fix everything." I wanted to give y'all some shocking facts (with receipts) so we can get fired up together.