Page 21 - February 2018 FOP Newsletter

majority of them believed the policy was more limiting than it actually was. Policy is usually in line with state law. With re- spect to use of force, state law in Illinois is relatively liberal con- cerning the amount of force allowed in various situations. It is imperative that every police officer know precisely what state law and department policy hold in the area of use of force.
The second failure relates to departmental and individual officer failure to keep training updated. Many departments, including Chicago’s, make e-learning classes available. Much of the subject matter discussed in these types of training be- come policy. Any training which an officer acknowledges as re- ceiving puts that officer on notice and can be used to establish a willful violation of policy in some situations.
Another botch is when officers fail to review video evidence prior to giving statements. Sometimes this is out of officers’ hands, as they are unable to view (or are prevented from view- ing) video. However, more and more video evidence is becom- ing available at the earliest stages of an investigation. Officers must take advantage of this and view video whenever possible. Praet suggests that officers not conform their report or state- ment to what’s in the video, because an officer’s memory may include inaccuracies due to stress-related sensory distortions. The strongest case is to see the video and then address any dis- crepancies in your initial account of what happened.
Another problem occurs when officers fail to properly re- cord witness interviews. Praet suggests using your body cam or dash cam to capture witness statements when practical. It is not uncommon for witnesses to “flip” when called to testify.
Also, Praet suggests that if a suspect is injured by police, when practical the suspect should be cleaned up before pho-
tography. If possible, let EMS clean him up before taking pic- tures. As we all know, blood can exaggerate the perception of an injury and add multiple zeros to any settlement.
Another suggestion, which should be elementary but bears repeating: officers must refrain from posting on social media. The courts have consistently held that any such postings are fair game and fully admissible at trial.
Praet also suggests that officers fail to recognize the social stress of testifying in a civil trial, especially when doing so as a defendant. Many plaintiff’s attorneys are very skilled in the area of cross-examination, and it is imperative that officers know their case inside and out prior to taking the stand or sit- ting for a deposition.
Finally, Praet cites situations in which officers fail to frame mental-health encounters to their advantage. He suggests that when encountering a mentally ill subject, officers should not be afraid to modify their language to include references in dis- patch and reports to “crazy” actions of a subject. If applicable, refer to the subject as a “possible mental-health” subject and describe the “crazy” actions over the air and in your reports. Adding in drug potential may allow your attorney to bring in toxicological results. Also, include in your report any negative past experiences or knowledge you had of the suspect as part of your state of mind. If these facts are not mentioned, it may prevent the admission of such evidence.
At the end of the day, the primary goal is self-preservation. Sadly, we can’t always assume that our attorney will save the day. We owe it to ourselves and our families to play an active role in our defense. d
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CHICAGO LODGE 7 ■ FEBRUARY 2018 21