You Have The Duty To Remain Silent . . . : Dallas Police Officers Barred From Making Statements For 72 Hours After Shootings To Review Videotapes and Other Evidence

Chief_Brown_-_Dallas_PDThere is an astonishing story out of Texas where the Dallas Police Chief David Brown quietly changed a rule that would require officers involved in a shooting to wait 72 hours before making a statement. There is no cognizable public interest behind such a rule, but it comes after a scandal where a surveillance video showed one of Brown’s officers shooting a mentally ill suspect for no apparent reason. The video contradicted the officer’s testimony and undermined the charge against the victim. Brown’s solution was not greater disciplining and monitoring of officers but to impose a delay to allow officers to craft their statements.

What is incredible about this story is that the public interest demands the opposite of the rule. Police often rush to get statements at a scene when memories are fresh and evidence is readily available. Detectives often view the first 48 hours as key to investigations. It is important to note that such shootings involve investigations of other individuals beyond the officers. Yet, Brown has imposed a rule that would deny such information to investigators for 72 hours — after police can learn whether there are videotapes or witnesses that might contradict them.

Brown insisted that “it is my belief that this decision will improve the investigation of our most critical incidents.” How? An officer can always amend a statement. Indeed, the police department can formally require a second interview after 72 hours to guarantee that any delayed memories have not arisen in the aftermath (and coverage) of a shooting. Instead, the new policy says that officers will be allowed to watch any available videos before giving their statements and that they must wait three days before making a statement.

BOBBY_BENNETT_33782398The rule seems to combat false police accounts but helping officers craft accounts to fit the evidence. Take the case of Officer Cardan Spencer . Spencer has been charged after he shot Bobby Bennett, 52, (shown right). Spencer claimed he fired because Bennett, who was outside his home, lunged at him with a knife. His partner Christopher Watson supported his account in his statement after the shooting. However, a videotape showed that Bennett had not lunged at the officers. Nevertheless, both said that he did and Bennett was charged with a felony, which was later dropped.

After the videotape showed both officers had given false statements, Watson modified his statement. He appears to be the model for Brown’s new policy. While Brown insists that officers need time to reflect on such traumatic moments, it seems to be a policy designed to protect officers from being caught in a lie. Why not use the same rule for citizens and suspend all interviews of key players for three days? Notably, the Supreme Court recently ruled that silence can be used against a citizen at trial who does not answer questions of the police. So a citizen can have their silence used against them at court but the officer is not just allowed but required to remain silent after shooting a citizen.

Watson has not been charged with his earlier false statement. Other officers will not be put into such a dilemma. Rather than give an contemporaneous account at the scene, they will now be able to craft their answers after confirming whether they can be contradicted. That should solve any further controversies.

The only thing more astonishing than this transparent policy is that fact that Brown has not been immediately fired for suggesting it.

Kudos: Steve Katinsky

37 thoughts on “You Have The Duty To Remain Silent . . . : Dallas Police Officers Barred From Making Statements For 72 Hours After Shootings To Review Videotapes and Other Evidence

  1. Reblogged this on Brittius.com and commented:
    They generally want cops to talk without thinking, so the municipality can step away from indemnification litigations. By declaring an immediate statement as excessive force and non-authorized, though under Mantle of Law, the municipality steps aside and covers absolutely nothing. If anything, maybe, a minor negligence suit in civil court must be answered and settled out of court.

  2. How else can cops shoot down the John Wrana’s of the world and slip off the hook but to coordinate their whitewash early and completely.

  3. Will civilian suspects be granted the same 72 hour right to review tapes and talk to witnesses before giving a statement or being interrogated by the police? Of course not because they are guilty once the police decide they are. Police officers on the other hand are always right even when they are not. We are all at risk.

  4. If only police abuse & corruption was the exception and not the rule….and it’s getting worse…

    The sad part is that the people in charge are helping to cover up abuses!!

  5. This rule must be opposed before it becomes so popular with police departments, police unions and other constituencies, that entities such as ALEC or others that represent forces antithetical to the public good start advocating and propagating cookie cutter rules in towns, cities and states through their insidious networks.

  6. It is my understanding that the officers have always had the opportunity to review the video before statements are written… The officers involved in this shooting were chastised by the chief for not going through the video before making statements…. They wrote the report…. And stood by it knowing it would stand… After all… We are cops…. We are the law…. We can do no wrong…..

    In reality…. It was a neighbors security camera that forced this action by the city….. Cops are learning that cameras are everywhere…. As a matter of fact…. In a police department south of Dallas… I think Duncanville…. The officers all have lapel cams… And the video is stored off site in a cloud….the officers cannot change or destroy the video…. I wonder if they have this technology since this is the home of the Texas AG…… Or close to there….

  7. Cop shoots 95 year old nursing home inmate with a taser and a shotgun. Old guy dies. He wouldn’t take his medicine and the nursing home had called the police. Chief arrives. He barks his order: ” You have the Duty to remain silent. Anything you say will not be used against you in a court of law or in the court of public opinion.”

    A Duty, not a right. A choose not an echo.

  8. Smiling,

    It still happens…. But not nearly as often as when the former ( FBI 2nd or 3rd in command) Henry Wade the ruler of Dallas…. Where… Witness disappear if it didn’t fit his needs…. Or charges not brought if you have enough of a connection…..

  9. One rule for the police; another for the rest of us. No wonder people do not and should not trust or respect the police.

  10. In the america of my youth.. the 50’s,
    You were innocent until proven guilty.
    Then, a few decades ago,
    You were guilty until proven innocent.
    Now, in the last days of the republic,
    You are guilty, until proven guilty..

    As Sheriff Joe once said.. of course they’re guilty,
    They’re all under arrest.
    ZZZZZZZZZZZZZZZZZZZZ ZZ7ZZZZZZZZZZZZZZZZZZZZ

  11. The only thing more astonishing than this transparent policy is that fact that Brown has not been immediately fired for suggesting it.

    But, Dallas PoliceChief clown David Brown does look so pretty in his “official” policeman costume.

  12. oops,

    But, Dallas Police Chief clown David Brown does look so pretty in his “official” policeman costume.

  13. The militarization of America’s municipal police forces continues, now including the default military response to clusterphuks of circling the wagons, controlling the information, and crafting only favorable messages for public consumption. And it’s all paid for by us, the taxpayers for whom they work.

  14. Mike Spindell 1, December 4, 2013 at 11:34 am

    “Police State America.

    Not hyperbole. Fact.”

    I agree with Felix.

    ———–

    So do I.

  15. Talk about officials who commit scams that ruin other people’s lives, politicians should be required to wear audio and video surveillance cameras 24/7 to capture all the bribery and threats that make up their daily lives.

  16. On one hand you have a society so hopped up on social media, tmz and the likes that anything that you say can be around the world in the blink of an eye, creating an mess for all the people genuinely affected by such tragedies.

    I can also hear people talking about cover ups and a way to keep things hidden from the general public.

    This is a tough situation and one that I think will take a strong leader to implement and make it stick.

    Now I don’t know all the facts about The Cops in the Dallas area but it’s obvious that the Dallas Police Chief David Brown believes that this move will be beneficial.

    He’s the man in charge and he is making changes that he believes is in the best interest of his police force and the people who he has to deal with. An issue like this will take some time to see how things go through and what the future outcomes are. Right now I would say it’s a tad bit early to be casting stones either way but I am sure there will be plenty of stone casting.

  17. That photo of the Chief makes me cringe. He has four stars on his collar, same as the Chair of the Joint Chiefs of Staff.

    I have seen some chiefs of police wearing FIVE stars. Lessee, that makes them equal to Generals George Marshall, MacArthur, Eisenhower, Hap Arnold, and Omar Bradley? Only in their dreams.

    Don’t tell any of those egomaniacs there is actually an official rank of six stars or they will award themselves one. The six-star rank was created 177 years after his death, but George Washington was made “General of the Armies” retroactive to July 4, 1776.

  18. Otteray Scribe 1, December 4, 2013 at 8:49 pm

    That photo of the Chief makes me cringe. He has four stars on his collar, same as the Chair of the Joint Chiefs of Staff.

    I have seen some chiefs of police wearing FIVE stars. Lessee, that makes them equal to Generals George Marshall, MacArthur, Eisenhower, Hap Arnold, and Omar Bradley? Only in their dreams.

    Don’t tell any of those egomaniacs there is actually an official rank of six stars or they will award themselves one. The six-star rank was created 177 years after his death, but George Washington was made “General of the Armies” retroactive to July 4, 1776.
    =========================
    Hmmmmm … retroactive meritocracy.

    Kinda revisionist.

  19. O S

    four stars for commanding 3500 men/women

    regimental strength, should have a silver leaf or an eagle.

    my guess is he’d rather have shoulder boards with gold braid like a 19th century admiral, a third world dictator, or michael jackson.

  20. We should be asking a Much more Over-riding Question! By What Authority Does a Police Chief of Anything Control or Change Policy? This Power does Not rest with a Police Chief!! ONLY City Directors in Coordination with The State Legislature and The Attorney General Possess this Power.

    We should DEMANDING THE ANSWER TO A SIMPLE QUESTION:
    By What Authority??

  21. What is wrong with USA movie makers that they haven’t offered a movie, subject matter—police corruption? It would be a very large hit coast to coast. May I suggest a title? “The Fury Of The Enraged Policeman.” Or perhaps “Caligula Cops.”

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