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as he went toward the waistband. The gun was recovered. The offender was a convicted felon and documented gang member. That’s a win for the good guys, as it was textbook police work and well within the boundaries of a constitutional stop. Kind of what we expect police to do, right?
Not so fast. COPA then morphed into U.S. Supreme Court Justice Antonin Scalia and began asking questions about prob- able cause. A case like this would more than likely be the sub- ject of a motion to quash arrest and suppress evidence at the criminal court building at 26th Street. A learned, experienced judge would conduct an evidentiary hearing. The officers would testify; the defense attorney would then cross-examine them and offer evidence that would then be tested by the pros- ecutor. The judge would accept case law and arguments, all while more than likely conducting his or her own research on Fourth Amendment street stops. One would hear phrases like “reasonable articulable suspicion,” “Terry Stop” and “citizen police consensual encounters” that quickly turn into a deten- tion. At times, and definitely in federal court, there would be a written opinion with citations to cases and considered argu- ments. At COPA? There is a good chance the person asking the questions has never even been to 26th Street, set foot in a crim- inal courthouse or litigated a Fourth Amendment motion. It is highly likely that the person asking the questions is not even a lawyer or has ever patrolled a beat, but sure has opinions about how police should act in these situations. The point is that the questioner is clueless as to the issues and degrades and insults the law and law enforcement with their irrelevant questions, accusatory tone and nonsensical bias.
The officers handled the questions perfectly, understood the extent to which they are allowed to act and were able, with muffled smirks, to answer questions without hesitancy and with clarity. Being able to articulate your actions is just as im- portant as being able to properly put on your vest. At the end, the COPA investigators were confused and clueless as to how to proceed. They knew the stop was justified and the recovery was consistent with the state of search and seizure law as it is being practiced nationally. No scalp for them today, but they justify the process by reasoning they are simply looking for the truth. What they don’t understand is the impact their little inquiry has on policing. The officers have been sweating this day since they received their notification. They have vowed to not put their job, pension, family and liberty ever in this situa- tion again. It’s not like they got a bonus for taking a gun off the streets and away from a known gang member.
When I got back into my car, the radio informed me that the little girl had succumbed to the gunshot injury and died. It makes one wonder if the rounds in the gun recovered by the officers were destined for another innocent child. It makes one wonder how tone-deaf the City of Chicago can be, where it de- mands a stop to the violence and a removal of the guns but then subjects the people who are doing exactly that to a ridiculous proceeding like COPA. The message from the City is utterly in- consistent. It is beyond hypocritical to rail against the senseless gang members, who are the causes of the violence, yet support COPA, which restrains the officers who try to stop the violence. Not only is it a hypocritical position — it is a dishonest one.
With 13 family members serving as first responders, I understand and am grateful for your sacrifices.
MAD Wealth’s goal is to empower first responder families to achieve financial peace of mind through:
• Analyze the financial impact of relocating to a new state if you are mid-career or near retirement.
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Michael Distasio www.getmadwealth.com michael@getmadwealth.com
773-609-4755
MAD Wealth, LLC is a Registered Investment Adviser. This brochure is solely for informational purpos- es. Advisory services are only offered to clients or prospective clients where MAD Wealth, LLC and its representatives are properly licensed or exempt from licensure. Past performance is no guarantee of future returns. Investing involves risk and possible loss of principal capital. No advice may be rendered by MAD Wealth, LLC unless a client service agreement is in place.
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