Saturday, October 21, 2017

Open Letter To Senator Pat Toomey and Senator Casey about Federal Law Enforcement Bill of Rights

Dear Senator Casey/Senator Toomey:

As your constituent and given your past full support of Law Enforcement that
place their lives at risk to protect our neighborhoods and deserve our respect,
admiration, and support.

It is a difficult and demoralizing time for Law Enforcement. Increased
surveillance resulting from advances in technology like digital recording and
wireless broadband has come to mean that Law enforcement mistakes are
wrongly widely broadcast — typically without context or rights of rebuttal —
exposing them to unprecedented, unfounded public scrutiny. This allows the
public who have not trained as police officers to make what often amounts to
biased and ill-informed judgments of the police.

I am writing to inquire if would you be interested in sponsoring the Federal
Law Enforcement Bill of Rights that includes the following:

1. 1st Rule of Policing: Police have the right and the duty to go home at
the end of each watch. It does not matter how many non-law
enforcement personnel are injured or killed or have their “rights”
violated to achieve this goal as Police are entitled to impunity for their
violence and protection from harm above all others.
2. Sealing of all law enforcement records from the public unless the
release has the approval of all police officers involved. Unauthorized
release of law enforcement records would impact the integrity of
ongoing investigations and the eventual prosecutorial review
processes that will be pending at the conclusion of the investigations.
3. Police are entitled to absolute privacy when performing their duties.
Police should only be required to identify themselves only in the arrest
warrant or report if used in court.
4. Police officers can seize and delete any video and/or audio of
wiretapping/eavesdropping Police Officers in public as it violates their
privacy and distracts from their duties and jeopardizes Officer safely.
This right to privacy is absolute when Police are engaged in Routine
Non-Enforcement Activity. The act of recording police starts from the
belief that every officer is doing something wrong and that's insulting
to all police officers. A Automatic search warrant and SWAT raid is
authorized for anyone in possession of video and/or audio of
wiretapping/eavesdropping Police Officers in public.
5. Police officer statements override any video or audio evidence as the
officer's' reasonable perceptions are more accurate. Video or audio
footage does not capture the physical struggle from the officer's
perspective, nor does it capture the officer's' reasonable, split-second
decision-making and thought processes in tense circumstances. This is
the case especially when the video or audio is gathered by illegally
wiretapping/eavesdropping Police Officers in public.
6. Citizens must provide ID and must allow themselves to being searched
by Law Enforcement when so ordered by Police.
7. Repeal Anti Police excessive force, false arrest and civil rights
violations laws that jeopardize Officer safely.
8. Reporting and Statistics about Police misconduct, shootings, and use
of SWAT should illegal to be collected or published as they may
inflame anti police sentiment jeopardizing Officer safely. violating the
Officers’ privacy, renders police vulnerable to unfounded scrutiny and
impacts the integrity of ongoing investigations and the eventual
prosecutorial review processes that will be pending at the conclusion
of the investigations.
9. Any videos from Police equipment should only be used in court and/or
be released to the public with the approval of all police officers being
filmed to protect their privacy. Police Dash Cam, Police and Jail
surveillance video videos should only be used to protect Police, not as
an internal affairs “gotcha-head hunter” tool. Unauthorized release of
the video and audio would impact the integrity of ongoing
investigations and the eventual prosecutorial review processes that will
be pending at the conclusion of the investigations.
10. Police officers should be exempt from all making false statements laws
11. People who have no idea about the job of Law Enforcement should not
be deciding the outcome in civil and criminal cases which involve the
reasonable officer standard. Police officers should only be tried by a
special court composed only of Law Enforcement officers.
12. Repeal of the ofen abused 42 U.S. Code § 1983 - Civil action for
deprivation of rights. Qualified immunity should only be defined in Law
as protecting Government Officials from all civil suits.
13. “Brady cops” do not exist. Perjury in previous cases should not be a
factor in judging a officer’s truthfulness and violates their privacy
14. It is illegal and a felony to make a false accusation against a Police
officer.
15. Police officers accused of misconduct should notified of all
incriminating evidence or witness statements, be able to review it
without a investigator looking into their actions during that process and
remain silent for a 72 hours cooling off period afterwards. Additionally
the officer has 30 days to get an attorney before they can be
questioned by superiors, An officer may not be investigated on a
misconduct accusation unless it was made within 90 days of the
incident.
16. A complaint against a law enforcement officer that alleges brutality in
the execution of the law enforcement officer's duties may not be
investigated unless the complaint is sworn to, before an official
authorized to administer oaths, by the aggrieved individual, a member
of the aggrieved individual's immediate family. an individual with
firsthand knowledge obtained because the individual was present at
and observed the alleged incident or the parent or guardian of the
minor child, if the alleged incident involves a minor child.
17. Unless a complaint is filed within 90 days after the alleged brutality, an
investigation that may lead to disciplinary action under this subtitle for
brutality may not be initiated and an action may not be taken.
18. Before an interrogation, the law enforcement officer under
investigation shall be informed in writing of the nature of the
investigation.
19. The interrogation shall take place at the office of the command of the
investigating officer or at the office of the local precinct or police unit in
which the incident allegedly occurred, as designated by the
investigating officer or at another reasonable and appropriate place.
The interrogation shall be conducted at a reasonable hour, preferably
when the law enforcement officer is on duty and h) Conduct of
interrogation.-
20. All questions directed to the law enforcement officer under
interrogation shall be asked by and through one interrogating officer
during any one session of interrogation. Each session of interrogation
shall be for a reasonable period; and allow for personal necessities and
rest periods as reasonably necessary. Threat of transfer, dismissal, or
disciplinary action prohibited.- The law enforcement officer under
interrogation may not be threatened with transfer, dismissal, or
disciplinary action.
21. A complete record shall be kept of the entire interrogation, including all
recess periods, of the law enforcement officer. The record may be
written, taped, or transcribed. On completion of the investigation, and
on request of the law enforcement officer under investigation or the
law enforcement officer's counsel or representative, a copy of the
record of the interrogation shall be made available at least 10 days
before a hearing.
22. It is illegal to engage in Contempt of Cop behavior, taunting,
provoking, disrespecting the law enforcement officer or questioning
their knowledge of the Law.
23. Amendment to the US Constitution that the provisions in the Law
Enforcement Bill of Rights are Constitutional and takes precedence
over other "Civil Rights" in the Bill of Rights.

I am sure that the Federal Law Enforcement Bill of Rights, that will protect the
special rights that Law Enforcement need and deserve, would have the full
support and backing of all Law Enforcement and Police groups and unions.

I await your response.

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