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October 06, 2005

Bad Cops, Bad Cops...

Should it be legal for a cop to break the law to catch another law-breaker? Personally, I don't think so. A judge in Nashville thinks otherwise. From the Tennessean:


Leaving a Nashville courtroom yesterday morning, two Metro police officers were greeted by their peers and supporters with handshakes and hugs. A judge had just ruled they were not guilty of illegally taking guns into a downtown nightclub last year.

Gang investigators Ernest Cecil and Ulysses Hernandez have been on desk duty for the last 10 months and still face possible punishment from an internal police investigation.

Speaking about the incident publicly for the first time, Cecil told The Tennessean that he and Hernandez had been following up on information that drugs were being sold at Hurricanes on Second Avenue on that December night. While they were not technically on the clock, they were conducting police business, he said.

"The only thing I'm guilty of is being a workaholic," Cecil said. "When I go out to socialize, I don't go to Hurricanes."


It is true that cops are never really off-duty, or rather that they are expected to be ready to be a cop IF NEEDED when off-duty. And that is well and good except that these cops were in no condition to be on-duty:

Cecil said he had been sent into bars and clubs by supervisors and told to have a drink and blend in, including during surveillance of visiting rap artists.

Police officials said yesterday that if the officers were conducting an official investigation into the club, their supervisors should have known about it.

"There was no authorization for them to be there, nor did supervisors have any knowledge of them being there," police spokesman Don Aaron said.


I can still be sympathetic -- a bit -- for the cops if they were really there to pursue bad guys but:

Both detectives were ordered by the department to take breath-alcohol tests and blew .10%, according to police officials.
The legal limit for motorists is .08% and their unmarked police vehicles were parked on a nearby street.

Records from the police investigation show that Cecil and Hernandez paid for their drinks with credit cards. Hernandez's tab came to $3.50 and he left a $3 tip. Cecil spent $6 on drinks and left a $2 tip. A domestic beer was included with admission that evening, according to the investigative file.


According to their tabs, one cop had 1-2 drinks and the other had 2-3. Assuming they were average sized-guys, they must have been doing some drinking elsewhere before they got there to "blow .1%". They were sloshed, at least according to the laws and criteria they use to arrest us everyday citizens for DUI or public drunkeness. If we're too impaired at .1% to drive or perform everyday activities then thay were too impaired to be conducting a police investigation.

This is hypocrisy and it's also dangerous that they were in a position to use firearms. And did they drive there? When the government and it's authorities tell us that we must obey the law but they don't have to, something is very wrong.

Posted by Jeff Soyer at October 6, 2005 07:37 AM
Comments

forget about the bad cops, let's look at the hot cops. :-)

http://newjerseyblog.blogspot.com/2005/10/arrest-me.html

Posted by: Justin at October 6, 2005 01:43 PM

I was about to go along with this until they got to the alcohol part, and yeah, that is where it all blows up for me. If you are really there on business then yes, get drinks, and mingle, but have the bartender give you virgin drinks, that way you can still do the job you say you are there to do.

Posted by: Windaria at October 6, 2005 02:11 PM

Uh, a quibble: the "Government" did not let them off the hook - in fact, still has not - but brought charges.

Either a jury, ignoring the alcohol level and other evidence, or the judge did that. Most probably a jury.

Posted by: John Anderson at October 6, 2005 07:28 PM

If they get fired they can always go to work for the New Jersey PD driving around other states at 95 mph with the lights on.

Posted by: robert at October 6, 2005 07:39 PM

Got to disagree here Jeff. Cops were undercover - maybe they should have reported going in that night before hand, maybe not. Who is to say, neither of us were there. But, if your investigating a bar for drug activity and you need to fit in - its best to order a real drink. bartenders know all and if there is any suspicion of your presence, then the best way to hide it might be with a drink.

And, they didn't drink very much. Not more than one or two drinks.

No, I don't think they went elsewhere either. Here's why - MADD has succeeded in ways the gun banners only dreamed they could. MADD is now a taxpayer funded anti-alcohol prohibitionsist organization. They have managed to drop the acceptable drinking limit to the point where having 1 drink - which in no way makes most people drunk (though it does make me uncomfortably lightheaded) would put you over the legal limit.

Its all about perspective. .08 or .10 - think of them like the assault weapons debate. We were able to beat the gun banners on false logic and their new definitions - in the fight against MADD no one has.

See Randy Balko's recent article for more on the fraud that is MADD.

Posted by: countertop at October 7, 2005 10:25 AM

It takes more than one or two drinks to get a blood-level of .1% and frankly, that IS impared for a worker in any industry except -- maybe a writer. They were in no position to investigate anything or to be wielding firearms.

My point, though, is that if WE cannot drive or work or walk the streets with .1% than neither should THEY be allowed to.

Posted by: Jeff Soyer at October 7, 2005 10:32 AM

Fair enough.

Posted by: countertop at October 7, 2005 11:21 AM
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