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A PROBLEM WITH AUTHORITY OR IS AUTHORITY THE PROBLEM?

Sometimes an officer’s reaction to a potentially dangerous situation is pretty clear cut.  Wading into fights, stopping domestic violence, and running across wanted suspects often requires a stronger response  than the spoken word. But an officer who is too hasty to jump to conclusions only serves to fan the fires of police-distrust, especially among minorities. 

Reportedly, several hundred times a year, small interactions between  San Jose Police and the public, like jay walking or failing to signal in traffic, turn violent.  Even more surprising: it’s being alleged that it is the police who strike the first blow.  While many continue to debate whether or not the officers’ actions are excessive, detractors say the San Jose Police Department  routinely dismisses complaints and limits real public investigation — strong and reaching allegations.

In 2007, over 117 complaints about the use of excessive force during resisting arrest were filed in San Jose, but the department sustained just two cases.  A Santa Clara County civil grand jury report cited widespread community concern about racial profiling in San Jose.  It concluded that citizens feel too discouraged by the city’s rubber-stamp rejection of their complaints  to continue reporting perceived officer  misconduct.

The San Jose Mercury News recently investigated a cell phone video exposing a particularly nasty confrontation between police, who allegedly struck college student, Phuong Ho, with batons and then Tasered him.  The officers said Ho resisted arrest but the video tape showed otherwise.

Former county prosecutor, Terry Bowman, who represents one officer in the Phuong Ho case, challenged the Mercury News‘ claims, saying the cases she reviewed displayed an “evenhanded attempt [by officers] to get suspects to toe the line.”  Bowman insists that the high numbers of resisting arrest cases reveal nothing more than “good public safety-based law enforcement.”

Since then, 206 similar court cases have been counted.   According to the Mercury, San Jose charges far more people with resisting arrest, compared with its population, than any other major city in California.  These alarming figures have prompted the San Jose Police Department to officially investigate the situation.  They now say they have developed the most detailed picture of  San Jose Police use of force — ever.  But at what cost to the taxpayer?  Thanks to the department’s dodgy track record, defendants who challenge resisting arrest charges usually succeed.  The city has already paid out $861,778 to settle ten lawsuits that charge local officers with this crime.

And there still isn’t any uniform method of reporting excessive police force.  Since no state agency requires these cases to be reported, comparisons with other cities cannot easily be made.

San Jose Police Department officials say their officers use force only as a last resort  to protect themselves and others during an altercation.  Officers are expected to  try verbal warnings and persuasion, first.  San Jose will be the first in the country to test a new device that records sound and picture of their interactions with the public.  Academy recruits also receive more than 100 hours of training about the use of force and they get a refresher course every two years.

Still, in many real life situations, police only have split-seconds to make decisions about how much force is reasonable — and what ‘reasonable’ means to others.  Resisting arrest allegations, more than many other crime, pit their word of police officers against the word of defendants.  Mix in heightened emotions, and opinions will vary to a huge degree.

Photocredit: © Mehmed Zelkovic – Fotolia.com