Page 15 - September 2019 FOP Newsletter

Field Representative’s Report
People v. Bass
I have had several detectives come into my of- fice about the department’s response to a recent court decision.
As many of you are aware, there has been a re- cent Appellate Court decision regarding investiga- tive alerts. In the ruling of People v. Bass, the Ap- pellate Court held that arrest based solely on an investigative alert is unconstitutional under the Illinois Constitution.
The result has sent a shock wave throughout the state.
Our attorneys and attorneys across the state believe the Ap- pellate Court got it wrong and predict that the Supreme Court will summarily reverse the case.
We understand that the Cook County State’s Attorney Of- fice intends to appeal the opinion, but we obviously have little faith in their office with the current leadership.
The department has put out Legal Bulletin #2019-06 in re- sponse to the Appellate Court opinion on People v. Bass. This is what brought these detectives to visit me. They expressed some serious concerns in response to this legal bulletin by the department — and rightfully so. The way the office of Legal
Affairs has worded this bulletin makes it seem like they rest the liability of making a warrantless arrest on the officer or detec- tive making the arrest.
To get some clarity from the department I had our Lodge attorney, Tim Grace, address our concerns in a letter to the Of- fice of Legal Affairs. In the letter, Grace points out that we have just recently had an officer, Rialmo, who supported the City in obtaining a not-guilty verdict in civil court. He is now facing being fired by the same city’s corporation counsel that he had helped.
In the letter, Grace ask them to “more clearly and precisely articulate that officers can rely on the language in the bulletin” and “confirm that they will be protected in both the civil courts and in disciplinary proceedings.”
We are expecting a response from the department in the very near future. Once we receive it, and with the advice of our attorneys, I will have some direction to give you. For now, I suggest you use your best judgement as to what is best for you and your family’s financial well-being. It has become very evident lately that the City will not hesitate to cut you loose at the first sign of any political pressure.
ROBERT BARTLETT
Knapp Medical Center
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CHICAGO LODGE 7 ■ SEPTEMBER 2019 15