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WAR ON POLICE Louisiana House Passes ‘Alton Sterling’ Bills Which Would Deny Due Process

Posted on 5/10/17 at 2:07 pm
Posted by PaperPaintball92
Fly Navy
Member since Aug 2010
5297 posts
Posted on 5/10/17 at 2:07 pm
Blue Lives Matter website


quote:

Both bills are blatantly unfair to police officers, and deny them their due process. According to WBRZ, the first bill, introduced by Baton Rouge Representative Ted James, passed by a vote of 102 – 0. In that bill, the amount of time that a police officer has to hire an attorney after an incident of an officer-involved shooting or injury was reduced from 30 days to 14 days, with some exceptions.

Posted by Eli Goldfinger
Member since Sep 2016
32785 posts
Posted on 5/10/17 at 2:09 pm to
quote:

the amount of time that a police officer has to hire an attorney after an incident of an officer-involved shooting or injury was reduced from 30 days to 14 days, with some exceptions


That's some heavy-hitting legislation!


This post was edited on 5/10/17 at 2:11 pm
Posted by Fun Bunch
New Orleans
Member since May 2008
115893 posts
Posted on 5/10/17 at 2:12 pm to
quote:

In that bill, the amount of time that a police officer has to hire an attorney after an incident of an officer-involved shooting or injury was reduced from 30 days to 14 days, with some exceptions.


WTF. That is blatantly unconstitutional, wouldn't you think?
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 5/10/17 at 2:14 pm to
Why would it be unconstitutional?

ETA neither bill appears particularly egregious to me
This post was edited on 5/10/17 at 2:16 pm
Posted by HeyHeyHogsAllTheWay
Member since Feb 2017
12458 posts
Posted on 5/10/17 at 2:16 pm to
quote:

That's some heavy-hitting legislation!


No doubt, what was the point in that shite, don't the politicians in La have anything more pressing to worry about?
Posted by Shepherd
Member since Nov 2009
2947 posts
Posted on 5/10/17 at 2:34 pm to
Ted James is an assclown. Make training requirements for BRPD X, BRPD tells him no problem we exceed those greatly. Oh.. I'll make them even harder. Does he even research bro? It's a bandwagon thing now to F with the police in some capacity. What's the endgame for this piece of legislation? Why waste time with this when they can't agree on a budget or what gets cut?
This post was edited on 5/10/17 at 2:36 pm
Posted by HailToTheChiz
Back in Auburn
Member since Aug 2010
48960 posts
Posted on 5/10/17 at 2:38 pm to
quote:

In that bill, the amount of time that a police officer has to hire an attorney after an incident of an officer-involved shooting or injury was reduced from 30 days to 14 days, with some exceptions.


Would like to know the exceptions....

as that is written, officer has incident, and has to hire an attorney within 2 weeks even if no charges are brought? that makes no sense.

I dont know how you can regulate someone's right to an attorney like that.
Posted by kcon70
Houston, TX
Member since Sep 2016
2695 posts
Posted on 5/10/17 at 2:40 pm to
What good does any of this do for the BR community?

Do politicians not have any bigger issues to address?
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27542 posts
Posted on 5/10/17 at 2:40 pm to
Please hold onto your tampon. It is not saying that they cannot hire an attorney after 14 days......you can hire an attorney any time yu want, even if you are a cop
Posted by crewdepoo
Hogwarts
Member since Jan 2015
9600 posts
Posted on 5/10/17 at 2:43 pm to
All lives matter
Posted by Shepherd
Member since Nov 2009
2947 posts
Posted on 5/10/17 at 2:48 pm to
Political shell game. Makes it appear to his "constituency" that he's fighting the good fight and will regurgitate it back to them come re-election time.
Posted by CharlesLSU
Member since Jan 2007
31909 posts
Posted on 5/10/17 at 2:55 pm to
#manilovetexas
Posted by cito
BR
Member since Nov 2015
805 posts
Posted on 5/10/17 at 3:07 pm to
So they are working on this instead of the budget deficit...
Posted by Brosef Stalin
Member since Dec 2011
39205 posts
Posted on 5/10/17 at 3:13 pm to
Don't they already have a union attorney?
Posted by BigJim
Baton Rouge
Member since Jan 2010
14497 posts
Posted on 5/10/17 at 3:26 pm to
quote:

Please hold onto your tampon. It is not saying that they cannot hire an attorney after 14 days......you can hire an attorney any time yu want, even if you are a cop


So then what is the point of the bill? Tried to go to the linked site but it almost induced an epileptic seizure.
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 5/10/17 at 3:28 pm to
quote:

I dont know how you can regulate someone's right to an attorney like that


You can't. He or she can hire an attorney anytime they want to. That's ridiculous.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27542 posts
Posted on 5/10/17 at 3:37 pm to
Basically, and I have not read the whole thing, it pertains to officers who are under investigation for a questionable shooting, etc.

Currently if say IAB comes in and says that you are under investigation for a shooting that took place as part of your duties as a police officer, you have 30 days from receipt of notification before they can begin to question you. After 30 days IAB can begin to question you with or without an attorney. Within that period of 30 days you are notified and it is recommended that you seek out counsel and IAB cannot speak with you about anything. This bill would shorten that period.

It does not say that if you are a cop and you are involved in a questionable shooting that after 14 days you are prohibited from hiring an attorney....that would be a 6th Amendment Violation and probably a 5th Amendment one as well. Even bad cops have rights.
This post was edited on 5/10/17 at 3:38 pm
Posted by idlewatcher
County Jail
Member since Jan 2012
79168 posts
Posted on 5/10/17 at 3:38 pm to
quote:

don't the politicians in La have anything more pressing to worry about?


You mean like their awesome economy?

You mean like their out of control crime?



Nah, all is well
Posted by doubleb
Baton Rouge
Member since Aug 2006
36047 posts
Posted on 5/10/17 at 3:58 pm to
A cop should have the same amount of time to hire an attorney as you or I or any other citizen, right?

What am I missing?
Posted by TigerTattle
Out of Town
Member since Sep 2007
6623 posts
Posted on 5/10/17 at 4:54 pm to
quote:

HB276 If a police employee or law enforcement officer is involved in an officer-
2 involved incident, the police employee or law enforcement officer shall be granted
3 up to fourteen days to secure representation, during which time all questioning shall
4 be suspended. However, if the police employee or law enforcement officer is
5 confined to a medical facility due to injury or illness related to the officer-involved
6 incident, or if two or more police employees or law enforcement officers are
7 involved in the officer-involved incident, the police employees or law enforcement
8 officers shall be granted up to thirty days to secure representation.


As I read it, current law gives 30 days to obtain an attorney, during which questioning of the officer is suspended. This would lower it to 14 days unless the officer is hospitalized or more than one officer is involved, in which case it remains 30 days.

HB96 defines that a polygraph is not to be considered a part of an interrogation, so during the 14 or 30 days with no interrogation defined in HB276, a polygraph can still be done.

quote:

HB 96 Original 2017 Regular Session Bacala
Abstract: Provides that polygraph examinations do not constitute "interrogations" of law
enforcement officers under investigation.


Then there's:

HB 48, removing the 15 day minimum sentence for battery of a police officer and upping the max to 1 year, with or without hard labor, and without suspension of sentence.

HB 594, requires LA State Police to investigate all officer involved deaths is EBRP

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