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Posted: 4/19/2021 11:41:11 PM EDT
If LE didn't have enough attacks on them all ready, here's one every officer should be aware of. Your local DA/PA may be able to destroy your career and you don't even work for that person.  

All it takes is a DA/PA to simply decide they will not file the officer's cases.  Lots of people think that turns the officer into a Brady issue.  But, as I have found out in recent experiences with officers I know and then further research, Brady issues are usually clear cut.  Lying on the stand.  Lying in reports.  Concealing evidence.  Blatant wrongdoing on the part of the officer becomes a so called "Brady" issue and the officer's credibility is shot (and rightly so).  

This one isn't a Brady issue.  A DA/PA can completely and arbitrarily decide they don't like that an officer didn't testify how they wanted him/her to.  So, the DA/PA tells the officer's chain of command that the DA/PA's office refuses to take cases from that officer any longer.  No Brady issue...they just won't file that officer's cases.  I know of three cases personally, two personally known to me and one I just know of, where the officers' chain of command was told the DA/PA office would no longer accept cases from the officer.  In the cases I know of, none of the officers lied and none of them are on the "Brady list".  They are simply unable to file cases through the state DA/PA's office.   Since that made them useless to the agency as officers, they ended up being either fired, resigned, or reassigned.  All because of a personal dislike of the officers by the DA/PA.  

We have seen similar nationwide when officers made personal opinion posts on Fakebook. The local DA/PAs decided they didn't like the officers' comments and simply said they would not file those officers cases....simply because they didn't like the officers' opinions.  

DA/PAs have discovered their new found power and are starting to really use it against officers nationwide.  You can be cancelled by your local DA/PA without wrongdoing....just for wrong think.  I think we can expect to see more of this in the future.  I can't say whether YOUR local DA/PA would actually do this....but some are doing it and it's picking up steam.  

I know of an attorney who is working on this very issue now and he has found there is essentially no recourse.  Basically, you're black listed until that DA/PA is no longer in office.  There is no due process or legal action you can take because DA/PAs can pretty much do whatever they please with no penalty when it comes to deciding to file or not to file cases.   The only potential penalty is being voted out of office but since the general public is pretty apathetic, they usually keep just voting for the same garbage DA/PAs.  

Link Posted: 4/19/2021 11:46:56 PM EDT
[#1]
Happening here with impunity
Link Posted: 4/20/2021 12:17:46 AM EDT
[#2]
I can’t wait until some thug shoots up the prosecutors office and the police all kneel outside.
Link Posted: 4/20/2021 12:29:20 AM EDT
[#3]
That’s been happening here for years. If an officer gets a reputation for putting a bad case together, or poor reports the DA’s office is more likely trust going to decline that case. It’s been that way since long before my time.  Thankfully, and sadly, our DA is appointed by the governor and not elected, so there is less political garbage. Most of the officers that I know that the DAs office doesn’t like is because that officer is truly a tool.

I was taught to just make sure your reports are clear and to try your best to get along with the DAs.  I never put much stock into worrying about if the DAs were dropping a particular officers case. Then when I moved up in the department and started working more closely with the DAs I got to see that it really was true.
Link Posted: 4/20/2021 12:58:41 AM EDT
[#4]
They are civilly slandering the officer and should be held accountable in civil court if there is not justification for their damaging the officers credibility.
Link Posted: 4/20/2021 1:16:43 AM EDT
[#5]
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Quoted:
That’s been happening here for years. If an officer gets a reputation for putting a bad case together, or poor reports the DA’s office is more likely trust going to decline that case. It’s been that way since long before my time.  Thankfully, and sadly, our DA is appointed by the governor and not elected, so there is less political garbage. Most of the officers that I know that the DAs office doesn’t like is because that officer is truly a tool.

I was taught to just make sure your reports are clear and to try your best to get along with the DAs.  I never put much stock into worrying about if the DAs were dropping a particular officers case. Then when I moved up in the department and started working more closely with the DAs I got to see that it really was true.
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That's not exactly what I'm describing and have seen first hand.  I know DA/PAs who know an officer is weak on the stand will usually plea bargain that case...or in some cases just decline the case.  A DA/PA I know and respect and who taught me a lot told me when picking detectives, never pick ones who are weak on the stand.  But they will still file cases for those officers...they just scrutinize them closer and offer good plea bargains if it's a weak case.  If the officer does poor but otherwise honest cases, a good DA/PA will usually talk to the head of the agency and encourage the officer to get more training and better supervision to make his cases better.  

I'm talking about simply refusing to file any and every case the officer sends.  In the cases I have personal knowledge of, the DA/PA simply got pissed off at the officers for personal reasons and told the head of the agency he's not taking any cases from the officer which killed their career with their agency.  

We are seeing cases nationwide where the DA/PA got offended at something the officer posted on Fakebook and simply told the agency that they would not file any cases from Officer ***.  

It's an ongoing and increasing problem and with activist DA/PAs, it's only going to get worse.
Link Posted: 4/20/2021 1:21:48 AM EDT
[#6]
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Quoted:
They are civilly slandering the officer and should be held accountable in civil court if there is not justification for their damaging the officers credibility.
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From what I have seen, there is no recourse against them.  DA/PAs have almost unlimited leeway to do whatever they please with cases (it's WAY better than qualified immunity for officers) with no accountability.  I know a pretty sharp attorney that is looking into it and there is no precedent he can appeal to that he has been able to find so far.  Even he admits it's terribly unfair but so far, there's nothing that can be done about it short of voting the DA/PA out.  And, if you as an officer or officers decide to go on a public crusade to get rid of a DA/PA like this, the DA/PA will likely add you to the list and you're fucked.
Link Posted: 4/20/2021 6:35:17 AM EDT
[#7]
Link Posted: 4/20/2021 11:18:16 AM EDT
[#8]
I'm glad many do, but Why anyone would remain a cop is beyond me, especially in bigger town/cities.  
You have all the Woke folks that are against them and even many here...

IF I were a cop, I'd be looking at other options.
Link Posted: 4/20/2021 11:46:10 AM EDT
[#9]
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There's nothing an individual officer can do if a prosecutor decides to dismiss charges filed by an officer he has a beef with unrelated to job performance or something like racist social media posts that could blow back on the prosecutors' office.

But it'd have to be something supported by a very politically secure Da's office. What's a prosecutor going to do if the targeted cop makes a completely legitimate DwI arrest? The prosecutor dismisses it?

-the police agency would raise a shitstorm. Complain to the head DA, tip off the press, pressure state investigative agencies to look into why the case was dropped
-the judge of the court where the charges were filed would be going "what what what!!" might even appoint a special prosecutor
-the cops and judge would assert behind the scene pressure on the political party

You'd have to have a police agency that was really unwilling to stand up to a prosecutor's office to just boot some innocent cop because a prosecutor decided to "get him" by dropping good arrests. Maybe that could happen in some big city

edit maybe somewhere like Chicago or NYC a prosecutor could get in a beef with a cop and he just gets sent to guard the evidence room or sent off to some police dog kennel out in the country. But a smaller department doesn't necessarily have some bs job for a cop to retire in place when the da gets mad, plus there'd be complaints about seniority. If you just can the officer aren't their union issues and other liabilities? The police dept is going to risk writing a check because some prosecutor  thinks a cop smells funny?

I did know of a police agency that prosecuted its own cases over what was rumored to be some beef with the da. But they really only handled misdemeanors and violations and eventually stopped
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That was a damned nuisance too.   I have done a few trials on violations as the prosecutor.   Funny even with all the covid bs and the let felons go act in NYS our DA is still getting it done.   we have to do more paperwork than ever before but they are albeit reluctantly taking cases.  Not saying the plea bargains aren’t happening.
Link Posted: 4/20/2021 12:09:03 PM EDT
[#10]
A DA/PA can completely and arbitrarily decide they don't like that an officer didn't testify how they wanted him/her to.
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Socialist/communist prosecutors have been selectively installed throughout various voting areas.  Look around.

It has nothing to do with an individual officer, but everything to do with socialist issues.

How do you think BLM can burn loot and murder with impunity, while anyone that acts against them get the hammer?

Socialist prosecutors want no bail, prison doors left open, and criminals to be able to intimidate victims and witnesses before any trial can occur.

Pima County AZ is only one example.
Link Posted: 4/20/2021 1:05:38 PM EDT
[#11]
So, what if the department decided to make the "black listed" officer the sole source of all reports, etc. presented for prosecution? Would the DA not prosecute any crimes?  Many officers should also be smarter about what they post on social media because they know damn well it will be used against them.
Link Posted: 4/20/2021 1:17:59 PM EDT
[#12]
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Quoted:
So, what if the department decided to make the "black listed" officer the sole source of all reports, etc. presented for prosecution? Would the DA not prosecute any crimes?  Many officers should also be smarter about what they post on social media because they know damn well it will be used against them.
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Send the black listed officers to handle the calls for service by the most powerful local people. Let the DA explain to his largest campaign donor why the guy that groped his daughter wasn’t charged, etc.
Link Posted: 4/20/2021 1:29:38 PM EDT
[#13]
Also, if your state has an office of victim rights or similar agency, hand out their info. I have seen the DA’s office make a complete 180 just at the mention of a victim contacting OVR.
Link Posted: 4/20/2021 1:40:20 PM EDT
[#14]
If it’s that big of a deal, just have all of the other officers stop filing cases with that DA. Once the caseload and $$ dries up, things will probably smooth out.
Link Posted: 4/20/2021 2:39:19 PM EDT
[#15]
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Quoted:
If it’s that big of a deal, just have all of the other officers stop filing cases with that DA. Once the caseload and $$ dries up, things will probably smooth out.
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That's not how it works.
Link Posted: 4/20/2021 5:07:13 PM EDT
[#16]
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Quoted:
If it’s that big of a deal, just have all of the other officers stop filing cases with that DA. Once the caseload and $$ dries up, things will probably smooth out.
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I was in a federal agency with an office that did that.  We got so fed up with the USAO, that we just started taking all of our cases state.  

The USA literally started begging us for cases.  I'm sure it had to do with  their budget and not any idealism or dedication to their job.
Link Posted: 4/20/2021 5:17:20 PM EDT
[#17]
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Quoted:


I was in a federal agency with an office that did that.  We got so fed up with the USAO, that we just started taking all of our cases state.  

The USA literally started begging us for cases.  I'm sure it had to do with  their budget and not any idealism or dedication to their job.
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Quoted:
Quoted:
If it’s that big of a deal, just have all of the other officers stop filing cases with that DA. Once the caseload and $$ dries up, things will probably smooth out.


I was in a federal agency with an office that did that.  We got so fed up with the USAO, that we just started taking all of our cases state.  

The USA literally started begging us for cases.  I'm sure it had to do with  their budget and not any idealism or dedication to their job.


I’ve seen similar at magistrate’s level.
Link Posted: 4/20/2021 8:21:00 PM EDT
[#18]
Link Posted: 4/22/2021 1:59:05 PM EDT
[#19]
We have that going on locally here right now, I tell the officers make copies of all the cases and hold on to them. Come election time sent them to whoever is challenging the DA. Or find an lawyer to file MIS/Mal/Non charges. That's a tough one but it's been done before. If nothing else it will keep him busy and raise his BP.


Link Posted: 4/22/2021 2:05:57 PM EDT
[#20]
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From what I have seen, there is no recourse against them.  DA/PAs have almost unlimited leeway to do whatever they please with cases (it's WAY better than qualified immunity for officers) with no accountability.  I know a pretty sharp attorney that is looking into it and there is no precedent he can appeal to that he has been able to find so far.  Even he admits it's terribly unfair but so far, there's nothing that can be done about it short of voting the DA/PA out.  And, if you as an officer or officers decide to go on a public crusade to get rid of a DA/PA like this, the DA/PA will likely add you to the list and you're fucked.
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How about ethics violations? Maybe the Bar might spank the guy? Probably not, but it's another avenue to search, at least.
Link Posted: 4/22/2021 2:18:48 PM EDT
[#21]
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Quoted:


How about ethics violations? Maybe the Bar might spank the guy? Probably not, but it's another avenue to search, at least.
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From what I have seen, there is no recourse against them.  DA/PAs have almost unlimited leeway to do whatever they please with cases (it's WAY better than qualified immunity for officers) with no accountability.  I know a pretty sharp attorney that is looking into it and there is no precedent he can appeal to that he has been able to find so far.  Even he admits it's terribly unfair but so far, there's nothing that can be done about it short of voting the DA/PA out.  And, if you as an officer or officers decide to go on a public crusade to get rid of a DA/PA like this, the DA/PA will likely add you to the list and you're fucked.


How about ethics violations? Maybe the Bar might spank the guy? Probably not, but it's another avenue to search, at least.


You're expecting the Bar association to impugn their own profession & strip themselves of prerogatives? Yeah.... something something "we investigated ourselves and found no evidence of wrongdoing".

If the Bar gave a shit about their reputation, prestige, and what's best for the country they'd have gotten tort reform pushed through in the 90s. Instead of that, we now have a society that models it's behavior around the realities of the legal landscape.

So many of the things we bitch about, companies firing people at the first hint of controversy etc is directly due to the giant HR departments and internal counsel who's entire career is centered around avoiding controversy and lawsuits that in a sane world would be considered frivolous and thrown out.

I haven't heard anybody talk about it in probably a decade. It's truly mind boggling how out of touch with reality our politics have gotten in the US, we literally never even argue over actual root causes of really any of our problems.
Link Posted: 4/22/2021 4:10:29 PM EDT
[#22]
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How about ethics violations? Maybe the Bar might spank the guy? Probably not, but it's another avenue to search, at least.
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Link Posted: 4/23/2021 2:44:31 PM EDT
[#23]
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Quoted:
If it’s that big of a deal, just have all of the other officers stop filing cases with that DA. Once the caseload and $$ dries up, things will probably smooth out.
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That would take a CLEO with balls that is not a political animal.

It's far easier to throw Ossifer Friendly that dared admit to being a Trump voter to the wolves.
Link Posted: 4/23/2021 2:48:22 PM EDT
[#24]
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Quoted:
We have that going on locally here right now, I tell the officers make copies of all the cases and hold on to them. Come election time sent them to whoever is challenging the DA. Or find an lawyer to file MIS/Mal/Non charges. That's a tough one but it's been done before. If nothing else it will keep him busy and raise his BP.
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That actually might do some good but you have to let it stay under wraps until election season and bring it out at the last minute fast and hard.
Link Posted: 5/3/2021 9:26:41 PM EDT
[#25]
I know of a number of cases in a large liberal city where the various officers were involved in various deadly force situations.  The liberal DA/PA hasn't brought any charges even though it's been more than a year since the incident but the liberal DA/PA refuses to clear the officers.  That fucks them for getting onto various TFO positions and also fucks them if they are looking to apply elsewhere.  Most other agencies won't consider you if you have an open/pending case even if everything looks good.  

The lesson here is....there are even more ways a DA/PA can fuck you over that don't actually involve prosecuting you.  It's a fucked up world being made more fucked up, as usual, by lawyers.
Link Posted: 5/5/2021 11:50:00 PM EDT
[#26]
Why wouldn't the police chief take care of this?

If the DA is being a douche and making an officer ineffective to an agency the chief needs to hold a press conference.  I've seen the chief of Detroit calling out judges for setting low bond amounts on homicide suspects and assaults on LEOs.  I can't imagine anyone wants that attention.  If chief won't take care of it maybe it's time to reevaluate why you're still working for the dept.
Link Posted: 5/6/2021 12:31:45 AM EDT
[#27]
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Quoted:
Why wouldn't the police chief take care of this?

If the DA is being a douche and making an officer ineffective to an agency the chief needs to hold a press conference.  I've seen the chief of Detroit calling out judges for setting low bond amounts on homicide suspects and assaults on LEOs.  I can't imagine anyone wants that attention.  If chief won't take care of it maybe it's time to reevaluate why you're still working for the dept.
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Have you seen the spinless people who usually end up as police chiefs?  Have you seen the spinless people who are on city councils?  

Yes you can find one who will defend their officers but elected DA/PAs wield a lot of power.
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