Category: Law Enforcement

Defunding the Police; Understanding the Real Problem

Defund the Police? Think again! Photo courtesy of dailythruthreport.com

I spent 25 years in Federal Law Enforcement, I have heard and seen many things, but I have never heard a call to defund law enforcement.

I don’t understand it, these calls are mostly coming from people living in communities who need a police presence, otherwise they would be overwhelmed by lawlessness, gangs, drugs, and uncontrollable crime.

I don’t think these voices realize what their cities and towns would look like without law enforcement.  Obviously, they haven’t taken the time to think and to analyze such a proposal. 

For starters; who’s going to enforce the laws enacted by City Councils?  That’s part of community policing.  Local police enforce local ordinances and any revenue coming from issued summons, goes back to the community and the department.  They use this money to buy new equipment, training, and hiring. 

Most City, County, and local police officers are part of the community.  They live in the community and have a vested interest in the wellbeing of their neighbors and safety in their neighborhoods.  

They respond to burglaries, domestic disputes, execute arrest warrants, medical emergencies, welfare checks, vehicle accidents, among many other things.  Who’s going to perform these duties in the absence of a police department?

Defunding police departments is a short-sided call.  Instead, they should be calling for meaningful police reform.  What I mean by that?  After I retired, I worked at several gun ranges, teaching firearms and as a Range Safety Officer, and many police officers would come around to shoot getting ready for their yearly, yes, yearly weapon’s qualification.   They were not very good at it; which was a pretty scary thought. 

I always extended my help, even giving them free range time and targets because their departments would not give them the tools to train.  People need to understand, most local police departments don’t have the money to properly train their force and mostly depend on other government agencies, at the Federal and State level, to attend conferences and obtain specialized training. 

Throughout my career I had the opportunity to work with many fine and hardworking local police officers, from providing law enforcement support during special events to G-20 summits.  I never encountered an officer who didn’t love his or her job.

In all honesty, law enforcement is thankless job.  If you don’t love what you are doing it can be a very frustrating endeavor.  One is constantly dealing with bureaucracy, mostly from people who have no clue about law enforcement and what it takes to enforce it in a fair and impartial manner. 

Most police departments are undermanned and outgunned.  In some jurisdictions, officers must buy their own firearms and body armor in order to be able to do their jobs in a safe manner.  Meanwhile Senator Paul and Senator Van Hollen are reintroducing legislation to limit the access police departments have to excess Federal government law enforcement and military equipment.

I don’t know if Senator Paul realizes most police departments are outmanned and outgunned by local gangs, drug dealers, and other criminal elements in their communities.  Having access to surplus Federal resources is an invaluable tool and getting rid of it only hurts the community.

We need more police training, not less.  By defunding police departments, you strip them of the ability to send officers, especially in leadership positions, to training that they can bring back to their departments.  Well-trained police force not only benefits the department, but the community as well.

People in the community has a vested interest in the efficiency of their police department, they should embrace it and help the police officers to understand the needs of their community.  Good communication between citizens and law enforcement officers is as important as a properly trained professional force. 

The community is also a necessary tool for good policing.  People know what’s going on in their backyards and most people are willing to assist the police to keep crime away from their neighborhoods. 

There’s no doubt that we have bad apples in the law enforcement community, but they are very far and between.  To say that all law enforcement officers are racist is ludicrous.   Are there some law enforcement officers with racist tendencies?  Absolutely.  Throwing a negative blanket like this on all law enforcement is not only wrong but unfair to police officers who put their lives on the line every day.

I don’t know any law enforcement officer who wakes up in the morning wishing for an eventful shift.  On the contrary, most police officers want a quiet shift, and above all, the last thing they want to do is discharge their firearm.  Any law enforcement officer who thinks differently should relinquish his or her badge immediately and seek some mental health help.

Police officers are human beings doing a job that not everybody can do or wants to do.  Remember, when a police officer performs a traffic stop or responds to a domestic dispute, they are doing the job they were told to do, to enforce the laws enacted by State, City, and local governments.  If you are upset by this fact, I suggest you take it up with the legislature.

Police officers don’t choose what laws to enforce, but I know, from time to time, they use their discretion.  Remember that time you got a break for speeding?  Exactly!

Defunding the police is the last thing any law-abiding citizen should be advocating for.   They should demand their police department are properly funded, trained, and equipped.

If you don’t have a police department; who are you going to call when someone is breaking into your home?  Who are you going to call when getting beat by an abusive spouse?  Who are you going to call when your business is getting looted or burglarized?  I can tell you; it is not going to be the Ghost Busters.

My Open Letter to Law Enforcement

For 25 years I carried a badge and swore to uphold the law.  The actions that I am seeing today by local and state law enforcement officers are causing me to question many things.

I had the honor and privilege of taking the Oath of Office three times.  First when I joined the Army, second time with the Bureau of Prisons, and lastly on March 11, 2002 at 8:46 A.M. when I was sworn in as a Federal Air Marshal.  At 8:46, the same time the AA Flight 11 struck the North Tower of the World Trade Center.  Talk about compelling and powerful; this was probably the most emotional moment in my law enforcement career.

I was always proud to raise my right hand and repeat those words:

“I, Hector Fernandez, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will, well and faithfully, discharge the duties of the office on which I am about to enter. So help me God.”

Perhaps the one sentence that has always been important to me is “I will support and defend the Constitution of the United States against all enemies, foreign and domestic”.

During this national crisis, this line has never been so clear and at the same time so blurry.  I have observed how state and local police departments are forced to execute the draconian edicts enacted by politicians.  Things like “Stay at Home” orders under the threat of fines or imprisonment.  As I have written before, to me these actions are unconstitutional and in violation of several articles of the United States Constitution.

While legislatures sign away the rights of law abiding citizens, it is up to the state, city, or county law enforcement officers, to enforce them.  The more I think about it, the more I am conflicted.  The government is turning law abiding citizens into criminals, but why? 

All these people want to do is have some sense of normalcy in their life, a life that has been suddenly interrupted by a virus and the government response to it. 

How is it arresting a father for playing T Ball with his child, away from everyone and following the “guidelines”, accomplish anything?  Meanwhile state governors are releasing hardened inmates to our neighborhoods using the Coronavirus as a pretext.  It doesn’t make any sense to me.

As a retired law enforcement officer I understand the position in which these officers are in, but at the same time I am faced with a moral dilemma.   I am sure most of these people know these police officers and vice versa, especially in small town Sheriffs and Police Departments. 

These people are not common criminals, they are your bankers, car salesman, restaurant operators, waiters and waitresses, teachers, in most cases everyday law abiding citizens.  These people love their communities and their country, and to be put in a form of “involuntary” house arrest without a trial, out of work, and without any type of due process, it is a crime against the principles this country was founded upon.

Human beings are not built to be naturally separated from each other or to live in isolation.  People want to be able to be free to walk, catch some fresh air, spend time with their families, earn a living, and feel like a worthy human being.  American citizens have been put in this position, not by their own actions, but by those of government.

Americans are smart and resilient people, they understand what needs to be done, but government insists on treating them as little kids.  Eventually people will reach a breaking point, and you see it already by the many anti “Lockdown” rallies across America. 

People are going out to streets to defy these government and their unconstitutional edicts.  What are you seeing in places like California, New York, and Michigan, are things you expect to see in the streets of Caracas, not in Los Angeles or Detroit.  Government overreach and disregard for people’s rights were among the main reasons for the American Revolution. 

Most Americans are well aware of their constitutional rights, and yes, they’ll play along with the government, but when you make a human being feel worthless, even the most law abiding citizen is going to rebel and strike back.  

These citizens have protested those edicts respectfully and without violence towards law enforcement.  They have exercised their God given rights and those afforded to them by the Constitution.

This brings me back to the function of law enforcement during this constitutional crisis.  Like I said before, I get it, I understand why these officers have to do what they are doing, but are they morally right?  I guess that’s a debate to be held between themselves and their conscious.

As a law enforcement officer you are to defend the Constitution from all enemies, foreign and domestic.  Is arresting someone for exercising their freedom of speech, their freedom to assemble, or their freedom of religion, defending the Constitution?  I say is not.

These are the same citizens who serve you food, prepare your taxes, repair your vehicle, clean your town streets, and drive your taxis.  Next time you decide to arrest that single mother in the park, who’s following the guidelines and just wants to spend time with her child, remember that may be the same mother who’s going to render you assistance when you may need it the most.

Think about all these things the next time you want to issue a citation to a person who lost their job to not fault of their own or a parent who wants to be just that, a parent.

So, I want to ask my fellow law enforcement officers to exercise common sense during these trying times.  Remember citizens are already emotionally stretched, be of help, not another burden.  The people in your state, city, and towns will thank you for it.

A&E Live PD; Good Policing or a Mockery of the Law?

As a retired Federal Law Enforcement Officer, I love my brothers and sisters in blue. When I heard of a television show dedicated to law enforcement, in real time, I was pretty excited and intrigued. I really enjoyed the show during the first season, but unfortunately for me, I couldn’t watch the show without my biases and opinions as a law enforcement officer.

I found myself yelling at the television set every time I saw something that, in my professional opinion, thought it was unsafe, irrational, or lacking good training. Even my wife told me to quit watching because I was acting like a trainer and not a fan. I can’t help it!

I had the privilege throughout my career to work hand in hand with state and county law enforcement officers and they were great people to work with. But it also opened my eyes to an unfortunate reality, they just don’t train as they should. This is not their fault, this is the fault of city councils and state governments who refuse to properly fund these agencies. I knew officers that only qualified with their service firearm once a year, had little Active Shooter training, if any, and were very complacent. Again, not their fault, leadership starts at the top.

This brings me back to Live PD. I think the concept is pretty good, but it does police officers no justice. You may wonder why I say this? Well, I’m going to touch on some issues I have observed in the time I have been watching Live PD.

I’m going to start with my most important pet peeve in law enforcement, Officer Safety. On many occasions I have noticed police officers losing visual contact of the subject. What do I mean by this? If I’m the contact officer and I need to talk to my partner, I don’t need to look at him while I have my weapon pointed at a subject. Once I take my eyes from my subject, I’m exposing myself to be harmed. I actually saw an officer in one of the episodes communicating with the camera person while his weapon was drawn. He kept looking at the camera person while trying to give instructions to the subject. I call this the “I’m on television” effect.

Police presence and authority are very important when dealing with the community and with subjects. Talking to a subject like he’s your “friend” creates an atmosphere of disrespect. I understand this a television show, but police officers are still police officers and they should conduct their business accordingly. A police officer officer doesn’t have to be a “hard ass”, but at the same time a police officer is a symbol of authority. Calling subjects “my man” “brother” “homie” is not what I expect from an authority figure. I sometimes wonder if this happens by design.

Why are police officers on LivePD constantly apologizing for doing their jobs? In a three hour show, I can say that at least 75% of the time, police officers are apologizing to a subject for handcuffing them, searching them, detaining them and even arresting them. I have seen instances in which police departments have apologized to a subject after conducting a hi-speed chase. Again, I’m wondering if this has been created by design and by A&E producers.

Why are officers asking a subject’s permission to their jobs? I had to laugh at that one. I have never understood why police officers on LivePD ask a subject permission to search once they have established probable cause. Once you have established probable cause that a crime has been committed, you don’t need the subject’s permission to conduct a search. Moving on!

As a former Federal Law Enforcement Training Center certified Firearms instructor and current NRA Pistol Instructor, weapon’s handing is a topic close to my heart. I don’t know if this is the way they actually train, but I have never taught law enforcement officers to aim their weapons on what we call a“gangster style” fashion. Target acquisition under stress is very hard, your adrenaline is going, your vision turns blurry, and when you have your weapon at a 45 degree angle, with one hand grip, acquiring your sights are going to be even harder. If you are going to have your fireman at a “high ready” position, you need to have a two handed grip and those sights should be ready to be acquired immediately. Your life and that of others may depend on it. I know it looks cool on television, but it is bad weapon’s handling skills.

I have also noticed that on many instances officers are responding to situations that are already under control and handled by other police departments, be the State Police or another law enforcement agency. In my opinion all this does is disturb a possible crime scene for the sake of television. I think an officer going at high speeds from one place to another just to place a camera on the scene is dangerous to the community, and frankly, a waste of resources. If the officer been taped is conducting the stop or attending the call, by all means, but to look for it is not good policing. My opinion of course.

On many instances officers are responding to situations that are already under control and handled by other police departments, be the State Police or another law enforcement agency. In my opinion all this does is disturb a possible crime scene for the sake of television. I think an officer going at high speeds from one place to another just to place a camera on the scene is dangerous to the community, and frankly, a waste of resources. If the officer been taped is conducting the stop or attending the call, by all means, but to look for it is not good policing. My opinion of course.

My favorite things about the show are the hosts, Sean Larkin and Tom Morris, they are excellent and very genuine. They bring tons of experience to the show and I respect both of them a lot. Abrams is just Abrams, he needs to work on his “Abramsisms”. Another area where I think Live PD is a great tool is with their Missing Person and Wanted segments. These are two areas that are of great benefit to the public.

These are just a few of the things I have noticed on the show that I think could be detrimental to officer’s safety and the reputation of law enforcement as a whole. I have many others, but I have to contact the Public Information Officers of these departments to corroborate certain things, mostly with driving under the influence of drugs and driver’s license policies. I have seen some things in these two areas that are kind of weird to me, but I also understand police officers are enforcing the laws enacted by their respective governments, be at the state or county level.

The show is very entertaining as long as you don’t watch it as a law enforcement officer, in which case you will be cringing.

To my brothers and sisters in blue, stay safe!