Kansas Bill Seeks to Legalize Police Retaliation

[n2doc]

The Kansas House Standing Committee on Corrections and Juvenile Justice has introduced a bill that will require private citizens who file complaints against police officers to sign an affidavit, acknowledging that if their allegations are proven false, they can be charged with perjury, which is a felony charge.

Furthermore, this bill prohibits a Kansas law enforcement agency from opening an investigation into a complaint if another law enforcement agency has already investigated the complaint and found in favor of the officer.

In other words, this bill would allow police departments to arrest the people who file complaints against police officers. In Wichita, Kansas, complaints are almost always dismissed, by the Wichita Police Department, so, according to this bill and its vague wording, the WPD, could now go arrest the people who file complaints against their officers.

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http://kansasexposed.org/2014/03/17/kansas-bill-seeks-legalize-police-retaliation/

[diabeticman]

1. Brute Squad legalized... when it is passed

[dotymed]

2. Amerika n/t

[JJChambers]

3. Playing devils advocate

Why shouldn't filing a complaint that "has been proven false" be a criminal offense? This will make it easier to sort the bullshit complaints from the legitimate ones and, in doing so, make it easier to locate and remove problem officers from the force.

[knightmaar]

11. Perjury is already illegal

Everywhere.
So is knowingly filing a false charge.
There's no need to add that sentence.
That sentence is there to remind black people that not only are they going to be discriminated against (100 or 100 racial profiling complaints were found to be false), but they will also pay for complaining. It's the same chilling effect as that bit about "you will go to jail if you vote in the wrong polling station" stuff.

[Anansi1171]

28. Thank you for telling the truth! -nt

[WCLinolVir]

12. Did you read the bill? It is not about

removing bad officers. No offense, but that sounds like, IMHO, propaganda. It is a horrific piece of legislation that does not allow cops who commit crimes off duty to be investigated, in addition to all the other egregious laws. Oh yeah, cops may sue the person who "filed a false complaint". It gives no legal standard for meeting the definition of "false". It sounds like something I would read about in Nazi Germany.

[JJChambers]

18. Why shouldn't a cop be able to sue someone for filing a false complaint?

And as far as determining falseness, I imagine it would be up to a jury to determine that, as a result of the lawsuit.

[nadinbrzezinski]

21. Locally we have had a bumper crop

The first officer took only fifteen years. The second, well, he resigned after charges were filed and the third is still under investigation. Read again what I said about number one. By the time he was finally found at fault he'd been int the force for 16 years with a plethora of complains.

Two convictions were recently thrown out on a technicality.

So no, I don't trust a law like this. PDs tend to close ranks.

[JJChambers]

25. Do you think there should be consequences for filing a false complaint?

If you do, what do you think they should be?

[nadinbrzezinski]

26. No, because of cases like this.

There were complaints filed almost over two decades. The department finally paid attention when there was video evidence, and that is when the DA paid attention. Officer was found guilty of sexual abuse, it cost the city millions. Two of his convictions were overturned due to mishandling of evidence by the PD.

In fact, it is a systemic problem with the department in question.

[JJChambers]

27. I disagree

I think people are more apt to file false complaints if there aren't consequences to doing so; they have every incentive to file a complaint (distract from their criminal wrongdoing) and no disincentive. Additionally, false complaints detract feom the legitimate ones which need swift investigation and resolution.

A police department inundated with false complaints isn't likely to properly handle legitimate ones.

[Anansi1171]

30. Not many here seem to give the Police the benefit of

The doubt that this is aimed at better policing bad cops.

Question is, since this is Koch Kansas, is this an ALEC bill?

[nadinbrzezinski]

31. Because we all know civilians always lie

That was the exact argument the PD made, until oopsie, all these baseless complaints were found to have a basis to them. Most of the potential charges could not be filed since the statue of limitations expired.

Yup



I'd rather have cops wear cameras while on duty, have dash cameras on board squad cars, and deal with a few baseless complaints.

Sorry, public servants and all that. The law will only ensure people fear the police even more.

[JJChambers]

32. I agree with cameras too

I just think if the camera clearly shows that the office did not engage in the behavior which the complaint alleged, that the lying complaintant be held accountable, be it criminal, civilly, or both. I have no problem with police being able to sue folks who make up bogus complaints, as I also have no problem with citizens who sue police for legitimate rights violations.

Everyone should be held accountable for their own actions.

[nadinbrzezinski]

34. As a civil servant you live under different standards

And in an ideal world you might have a point. I am talking of real cases here. You think our officer in question would have faced the judge if the first complainant was sued by the officer 14 years ago? Remember she was wrong and without merit until oops, she was right? Also remember statue for criminal complaint has expired.

Departments like to cover for officers. Why? To be kind, they hate to admit there is any form of cronyism (that be officer two) or that the psychological and background check failed to weed bad apples. (That be all three officers) Of that perhaps internal culture is at issue here as well. (There are allegations against a supervisor teaching field trainees bad behavior. Super has since retired by the way)

For a well known case that was massive see LAPD Rampart Division scandal, that also emerged from baseless public complaints until...oops the FBI and DOJ got involved. The department is still under Federal Supervision.

This law has bad idea and potential for abuse written all over it.

[okaawhatever]

29. The bill is attempting to conflate "false" complaint with "unable to get a conviction" complaint.

That is the problem. Ditto, only being able to have a complaint reviewed once. If you look at the police departments that have been under DOJ's "patterns and practices" lawsuits it would make your jaw drop. While it is rare, the only reason they get to that stage is because local DAs and elected officials are protecting them.

Filing a false police report is already a crime. You have to seriously consider the motives behind laws that double down on existing laws. One of my best friends is a Police Sgt and he wouldn't agree with the law.

[IrishAyes]

17. In your dreams.

[Logical]

23. Really? So you are in favor if someone testifys in a trial that a person committed a crime and...

and the jury finds the person not guilty, you are ok in charging the person testifying with perjury?

[Savannahmann]

33. Quick Question

Police file reports on their activities, and then later those reports are shown to be false by the presence of a video. Even if the offending officer who actually did the improper activity is charged, why are none of the police who wrote reports that coincided with the bad cops report ever charged? Didn't they make a false statement? Why are they not even fired?

That is why I say there are no good cops. None. Because even the cops who don't brutalize people, use excessive force, lie under oath about confessions and planted evidence, they do write reports that back up the cop who did those things. So if you lie to protect a bad cop, doesn't that make you a bad cop?

[davidn3600]

4. Dear god...this has 'bad idea' written all over it.

[leftyohiolib]

5. kansas needs to be federalized

[Logical]

6. I live here and it has become a GOP hell hole. nt

[tridim]

8. Become?

Nothing has changed in Kansas for at least 40 years. I keep hoping, but it never does.

[Logical]

22. We had a woman democratic governor not that long ago. It has changed. n-t

[Logical]

7. The worst part is other right leaning states will follow! nt

[Wounded Bear]

15. Yeah, this looks like an ALEC test case...nt

[Eric J in MN]

9. Minnesota had a similar law.

The Minnesota Supreme Court struck it down.

Their objection was that people who falsely criticize police behavior could be prosecuted, but not people who falsely defend police behavior.

[RC]

13. And there you have it!

[Grins]

10. Isn't it already against the law?

Isn't it already against the law to file a false police report...?

[mountain grammy]

14. I refuse to even drive through Kansas. A scary place.

[IrishAyes]

16. Sickening. Pardon me, I need to go throw up.

[TRoN33]

19. This is stepping stone to

Modern day of Nazi's SS.

[snooper2]

20. there really is a special kind of stupid in Kansas

[FlyByNight]

24. The prison-industrial complex

...needs prisoners.

Good bet those proposing this bill are being compensated to get this PIC-enrichment law passed. So much for accountability. Again.