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1 1Peter G1  Aug 30, 2014 7:29:08am

Well if you consult the ACLU they will remind you that there is this thing in the US constitution that grants to every person the right not to incrimInate themselves. It is found in the fifth amendment. So really there is no way to compel the officer to produce any such report. And so his union or association representative as well as competent legal counsel would and almost always does advise. Now demanding that the police department produce a report without having the testimony of the only officer present will get you exactly what you asked for, a largely blank outline of the barest of facts. In other words you get exactly what you asked for. Unless of course it is your firmly held belief that the officer has no rights and can be compelled to surrender his rights.

2 sauceruney  Aug 30, 2014 7:58:23am

re: #1 1Peter G1

Even to fill out a report saying the officer on duty did not respond, would be fulfilling the requirement. They would have his gun in possession. A record of the ammunition issued to him and what he returned with. Something.

To have nothing is inexcusable, and I highly doubt officer Wilson had nothing to say at all about a dead man left laying in the street for that period of time. There had to be radio communication. This goes beyond negligence and into criminal cover-up territory.

3 Rightwingconspirator  Aug 30, 2014 9:10:57am

re: #1 1Peter G1

Bullshit. If that cop thought he was right he should have made his rapport and his agency done their part by way of an evidence gathering team to the shoot right away.

You are pretending that acting like murderer as and like a murderer is somehow protected. It is not.

When yo become a person of legal power like a policeman you agree to abide by policemens rules.

4 1Peter G1  Aug 30, 2014 10:49:39am

re: #2 sauceruney

They would have all that and more. None of which goes in an incident report but all of which is pertinent to the investigation.

5 1Peter G1  Aug 30, 2014 10:54:55am

re: #3 Rightwingconspirator

I think you may be mistaking your opinion with the law. Ask any lawyer what they say you should do when you are under investigation. Ask any lawyer at all. Their expert advice would be to say nothing. The officer may well face disciplinary action for failing to comply with regulations. But not until after a trial if any. Any attempt to do so before would be quite clearly be an attempt to coerce the officer into surrendering his rights. You know this situation has arisen many times right?

6 Kaessa  Aug 30, 2014 11:01:57am

re: #5 1Peter G1

So what you are saying is that the PD regulations for situations like this are irrelevant? Then why do they have them? It specifically says in the above regs that an incident report is required.

7 1Peter G1  Aug 30, 2014 11:25:26am

re: #6 Kaessa

Pretty much. This is a fairly common situation, so common in fact that it is often used as a literary convention in police procedruals in novels and on television. And it happens in real life all the time. You may infer what you like from the officer’s refusal to cooperate but no judge will instruct a jury that this may be taken as evidence of guilt. The only way a person may be compelled to give testimony that may incriminate them is if they are given immunity from prosecution for that testimony. There is one odd exemption and that arose in connection with the Boston bombings where Tsarnaev was questioned before being Mirandized. Even then his rights were not abrogated. He was merely not advised formally of what his rights were. I’m not trying to be mean here. This is simply the truth. The police department cannot compel the officer to cooperate and they can’t fill in the blanks just so they’ve written stuff on paper.

8 wrenchwench  Aug 30, 2014 11:27:32am

re: #7 1Peter G1

So why didn’t the watch commander write a report?

From the link at the top:

This puts an explicit obligation on the “watch commander” - not just the other requirements of Officer Wilson to file reports - to complete an explicitly defined Report - the F-080 Report - and that this report will go up through the chain of command all the way “to the Chief.”

9 1Peter G1  Aug 30, 2014 11:33:01am

re: #6 Kaessa

Btw if the officer or any officer declined to fill in such a report and they weren’t in legal jeopardy they could be immediately disciplined or fired. If you want to guess why he hasn’t been fired then will have to see this from a defense attorneys point of view. If they do the that will be prejudicial to a fair trial for officer Wilson. And they will use that.

10 1Peter G1  Aug 30, 2014 11:39:43am

re: #8 wrenchwench

He did I believe. And it is largely blank because he cannot report what he did not see. He could report that an officer discharged his weapon, when and where but not much more than that.

11 wrenchwench  Aug 30, 2014 11:48:33am

re: #10 1Peter G1

He did I believe. And it is largely blank because he cannot report what he did not see. He could report that an officer discharged his weapon, when and where but not much more than that.

He couldn’t interview witnesses? Measure distances? Take photos?

12 Rightwingconspirator  Aug 30, 2014 12:12:29pm

re: #5 1Peter G1

When a policeman needs to conceal or withhold testimony or evidence of his activities as a law officer, he has violated agreements, training, & what one morally expects from a law enforcer. Sure he can break every procedural rule appropriate and hide behind the 5th.

But why the fuck would he?

Please be kind enough to contrast it with what is supposed to happen at a shooting of an unarmed man.

13 Rightwingconspirator  Aug 30, 2014 12:23:19pm

re: #10 1Peter G1

He did I believe. And it is largely blank because he cannot report what he did not see. He could report that an officer discharged his weapon, when and where but not much more than that.

Sure, he did not bother to look into the shooting of an unarmed man on his watch. What stop a supervisor from going to the scene for an important report? Apathy? Malice? No, wait something more important? I don’t think so. Somehow your blinders keep you from seeing or admitting what should happen. Why is that?

14 charliefromfla  Aug 30, 2014 1:28:51pm

The simple concept of “Due Process” is lost on a lot of people.

15 Randall Gross  Aug 30, 2014 1:53:58pm

The officer can’t be compelled to testify against himself, but a use of force report should be there if for no other reason than to number the bullets missing from the gun’s magazine, the number of casings recovered, etc.

16 smakson  Aug 30, 2014 6:44:02pm

In order to plead the 5th don’t you actually have to plead the 5th on the record to somebody. If he really won’t talk because he doesn’t want to incriminate himself shouldn’t we know that he’s officially done that?

17 ausador  Aug 30, 2014 9:10:48pm

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