Narrative and Social Control

copslogoIn recent decades, awareness of narrative and of stories in general has increased in many fields and academic disciplines, law included.  However, it is nevertheless surprising to see that even law enforcement specialists in the Justice Department have developed an appreciation of the workings and importance of narrative.

This heightened sensitivity surfaced in the recent Justice Department report on police conduct in Ferguson, Missouri following the shooting of Michael Brown.  Issued by the Department’s “Community Oriented Policing Services” office, the report outlines no fewer than 113 lessons that police in Missouri and elsewhere might learn from developments during the seventeen days following Brown’s death and funeral.

Much of the report is predictable.  It criticizes such police tactics as the use of dogs, tear gas, and so-called “overwatching.”  With the latter, police use rifle sights to survey a crowd from positions on top of police vehicles.  Overall, the report warns that “militarization” of a volatile situation will probably make things worse.

Toward the end of the report, its authors turn to what they label “lost narrative.”  In their opinion, Missouri law enforcement was too slow to provide information about the shooting of Brown and thereby created an opening for alternative representations of the incident.  Supporters of Brown and his family seized the opportunity and offered an alternative narrative, one conveyed largely but not completely through the social media and one stressing that “Black Lives Matter.”

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Flynn: “I’d Like to See Fifty More Prosecutors”

Don’t look only to the police to solve the problems of high poverty communities, Milwaukee Police Chief Ed Flynn told a capacity audience Thursday in the Appellate Courtroom at Eckstein Hall.

Flynn pointed to the need for better services to help people with mental illnesses and to deal with issues such as child abuse as steps that would help reduce crime.

And when it comes to crime specifically, he pointed to what he saw as failings of both the state and federal systems for prosecuting and punishing criminals. Many criminals don’t face punishment that discourages them from offending.

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Rodriguez v. United States: Supreme Court Says No to Prolonged Traffic Stops

Last week, the Supreme Court decided City of Los Angeles v. Patel, the fourth and final of its search-and-seizure cases this term. In Patel, the Court overturned a city ordinance requiring hotel operators to share information about their guests with the police.

Patel confirmed this as a good term for Fourth Amendment rights, joining Grady v. North Carolina (GPS tracking of sex offender counted as search for Fourth-Amendment purposes) and Rodriguez v. United States (police improperly extended traffic stop to conduct dog sniff of car). Less favorable, though, was Heien v. North Carolina (no suppression of evidence obtained after traffic stop that was based on officer’s reasonable mistake of law).

The remainder of this post will focus on Rodriguez, which strikes me as the most interesting of the Fourth-Amendment series. Broadly speaking, at issue was the extent to which the police can go on a fishing expedition when they pull over a driver for a traffic violation.  

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