Posts tagged “Ray Kelly

Does Police Chief Flynn Believe the Constitution is Irrelevant?

There was a time, and it wasn’t that long ago, when members of the local police proudly served their communities free from the yoke of federal law enforcement.  In the 1980s and 1990s, cops on the beat and detectives hunting down suspects kept a distance from the likes of the FBI—an agency that routinely looked down their noses at ‘the locals.’

When watching a television drama, such as Criminal Minds, I sometimes chuckle when the FBI’s 20 and 30 something agents make veteran police investigators look like second-rate cops.  When it comes to clearing a serious crime, I would much rather have a core group of Milwaukee Police Department (MPD) homicide detectives working with me than a slew of FBI agents, many of whom rarely work the streets, and then rib the handful of their colleagues that actually do.

After 9/11, however, the federal government realized that its agents desperately needed the intelligence gleaned by ‘the locals,’ whose officers pounded the pavement 24 x 7.  In order to bring state and local law enforcement agencies into a national fold, Uncle Sam dangled billions of dollars in grants in front of the noses of mayors and police chiefs.  This “free money,” as it is insanely described by the likes of Milwaukee Mayor Tom Barrett, became a powerful drug that quickly turned some police chiefs into addicts constantly on a lookout for their next fix—another federal government handout.

In the interim, having taken the federal government’s money, local police agencies now served two masters—the residents of their communities and the US Justice Department.   Milwaukee’s chief of police, Ed Flynn, took the fed’s bait money and established an “intelligence fusion center,” an operation staffed by federal agents, members of the National Guard, state agents, and several members of the MPD, even though, in many instances, those who summon the services of the Milwaukee police often wait hours for an officer to respond.

Moreover, as federal, state and local law enforcement morphed together, the decentralization of authority—a concept our nation’s founders saw as a buffer against tyranny—has ebbed to the point where leaders of police agencies in New York City and Milwaukee apparently no longer believe that the Fourth Amendment is relevant and sacrosanct.

On June 11, Wall Street Journal reporter Heather Mac Donald profiled the case of Floyd v. New York, a federal lawsuit brought to “specifically target” the NYPD’s stop-and-frisk policy.

A “stop,” based on a “reasonable suspicion” of wrong doing, and a “frisk,” premised on an officer’s “reasonable and articulable” belief that a person might be armed, was a practice upheld by the U.S. Supreme Court in the landmark case of Terry v. Ohio.

In New York City, however, Police Commissioner Ray Kelly’s stop-and-frisk policy omits the “reasonable and articulable” part of the equation.  In plan speak; the NYPD’s policy thumbs its nose at the Fourth Amendment and the judicial precedents established by our nation’s highest court, which, prior to the Patriot Act, was respected as the rule of law.

In her article, Ms. Mac Donald appears to find a prominent supporter of Ray Kelly’s frisk without cause policy on the seventh floor of Milwaukee Police Administration Building.

“Milwaukee Police Chief Edward Flynn has said that it will be a “tragedy” if his city is forced to curtail the pedestrian stops that have reduced crime in inner-city neighborhoods,” wrote Ms. Mac Donald.

“That’s what worries us about what’s happening in New York,” Chief Flynn told the Los Angeles Times in April. “It would just be a shame if some people decided to put us back in our cars just answering calls and ceding the streets to thugs.”

http://online.wsj.com/article/SB10001424127887324063304578525850909628878.html

Asking the police to follow the guidelines put in place by the U.S. Supreme Court that frisks should be based on an officer’s “reasonable and articulable suspicion” that an individual is armed hardly equates to shuttering officers inside their squad cars.  Chief Flynn, as Commissioner Kelly, took an oath to uphold and defend the Constitution of the United States.  Ray Kelly’s willingness to trample on the Fourth Amendment, and Chief Ed Flynn’s apparent support for such a policy, illustrates why public officials should be viewed skeptically when they ask the public to trust them with the use of drones, cellular telephone monitoring technologies, and widespread government data collection.

This new American age of Machiavellian-type governance; whereby, the “ends justifies the means,” might work well for autocrats in China, Russia, and Cuba, but should have no relevance in the United States, where our nation—once the home of the free—has, in a historical blink of an eye, mutated into the land of the watched.

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Steve Spingola is an author and retired Milwaukee Police Department homicide detective. His latest print edition only book, Best of the Spingola Files, Volumes I & II, is now available at Amazon.com.

http://www.amazon.com/Best-Spingola-Files-Volume-Steven/dp/0979683998/ref=sr_1_1?ie=UTF8&qid=1364048098&sr=8-1&keywords=best+of+the+spingola+files

If your organization is on the lookout for an outstanding guest speaker, please consider the Spingola Files’ Psychology of Homicide presentation.

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© Steven Spingola, Wales, WI, 2013