OUR SYSTEM OF government is built around trust. This is perhaps
never more important than when it comes to the criminal justice
system.
Yes, police have guns, which can be used to enforce laws where
trust is lacking. But when the community stops believing that the
police are looking out for the community and starts believing they
are looking out for themselves, all the guns in the world will not
make that a safe community built around the rule of law.
By and large, police in our state have done much to earn and to
cultivate the public trust.
But it turns out that they have a blind spot, one that over time
can erode that trust -- not to mention opening them up to civil
liability and preventing them from making changes that are in the
public interest.
As The State's Clif LeBlanc recently documented, police are
routinely taking the narrowest interpretation possible of a state
law that requires outside agencies to investigate when a police
vehicle is "involved" in a traffic collision. That's what allowed
the Forest Acres Police Department to investigate itself -- and
conclude that no wrongdoing had occurred -- after a man being
pursued by police at high speeds through a residential area ran into
another vehicle and killed a passenger. The problem is that police
say the only cars "involved" in a crash are the ones that physically
collide.
That's not an entirely unreasonable conclusion -- for someone who
is looking for loopholes. The Legislature should have done a better
job of spelling out precisely what it meant. But anyone whose goal
is to maintain public trust would interpret the word "involved" as
broadly as possible. Such a reading would certainly include cases in
which the car that causes the accident is being pursued at high
speeds by police.
This is a sad commentary, suggesting that either a lack of
integrity or an excess of arrogance permeates the police fraternity
in South Carolina, rising all the way to the top, at the Department
of Public Safety.
Local police couldn't get away with this without the Highway
Patrol's acquiescence, since that is the agency required to
investigate wrecks that "involve" police. But the narrow definition
actually originated with the patrol, which has ignored attorney
general's opinions to the contrary. It even stood its ground when
the Greenville Police chief tried to take the larger view; the
patrol refused his request to investigate when a vehicle being
chased by one of his officers flipped over.
Apparently, there aren't a lot of police chiefs like the one in
Greenville. If there were, they would have raised a stink years ago
about the patrol's refusal to conduct the independent investigations
that we would have assumed most police would want in such
circumstances.
Police, perhaps more than the rest of us, have a great deal of
disdain for the way lawyers look for loopholes in the law; after
all, they have a better feel than most of us for how often the bad
guys walk on what they consider technicalities. They, of all people,
should not be adopting those practices themselves. But since they
are, the Legislature needs to remove the temptation by making the
law just as clear as it can be. An outside investigation should be
required when police or other employees of police agencies are
driving a vehicle that is in any way directly or indirectly involved
in a collision. Here's a layman's guide: If the police report would
include any reference to the actions of an employee of the police
agency, that agency shouldn't investigate.