Has it ever bothered you to watch a cop speed down the road for no particular reason, or blow through a red light when he feels like it. What about parking illegally just because he can?
It bothered Seattle attorney Eric Bryant. According to the Seattle Times, via Orin at Volokh, Bryant did something about it.
Eric Bryant said he was sitting at the restaurant March 7 when Officer Chad Stensgaard parked his patrol car next to a no-parking sign and walked inside to wait for his food, the Portland Mercury reported Thursday.
Bryant told the weekly paper that when he asked Stensgaard about his car, the officer asked Bryant, “If someone broke into your house, would you rather have the police be able to park in front of your house or have to park three blocks away and walk there?”
Bryant filed a complaint as a private citizen alleging several violations, including illegal parking and illegal operation of an emergency vehicle.
Stensgaard was issued a summons to appear in traffic court in May. The fines could total $540.
Talk about taking your life into your own hands. It’s like painting a target on your forehead. But Bryant apparently had enough of police officers using their office to skirt the very rules that the rest of us are required to obey.
“Citizens should be concerned that he used his status as an officer of the law as justification for breaking the law,” Bryant said.
The police, naturally, see it differently.
Cathe Kent, a spokeswoman for the Portland Police Bureau, said Stensgaard would fight the complaint in court, “as he rightfully should.”
In fairness, there are some good reasons why police engage in what appears to be unlawful conduct. If Stensgaard has gotten an emergency call while waiting for his food, requiring his immediate response, and needed to respond immediately, it makes sense that his car was right in front of the restaurant.
Similarly, police often respond to lower grade calls at a high rate of speed, and going through traffic lights, under circumstances that don’t require full lights and sirens since they aren’t in pursuit. The problem is that these aren’t always the case, and almost every driver is aware of cops who do it just because they can.
I’ve known a number of people who enjoy driving around in RMPs with the lights on to get a quick cup of coffee, or just have a little fun at the public’s expense. I’ve known a number of cops who mistake their shield for a Mastercard, doing the same in their private cars with the expectation that their brothers in blue will show a little professional courtesy. For them, it’s a perk of the job, and as one commenter at Volokh wrote, if you could, you would do it too.
Most people are under the mistaken belief that vehicle and traffic laws don’t apply to police and emergency vehicles. That’s incorrect. While they are exempt when required by the performance of their duty, the rest of the time they are expected to follow the law just like the rest of us. If it’s dangerous for us, it’s dangerous for them as well. There’s only one huge difference: Who’s going to stop them? Apparently, Eric Bryant will.
Orin Kerr asks whether this is an example of a lawyer at his best or worst. Even the overwrought, over competitive readers of Volokh tended to approve of Bryant’s move, and similarly tended to disapprove of the cop mentality that breaking “little” laws was a fringe benefit.
Should cops be able to ignore the laws that apply to the rest of us? Is this an acceptable perk of the job? And if so, where does it stop? The next time you see a cop speeding down the road, blowing through a traffic light, will you assume he’s on an “aided” call, or that the donuts just came out of the oven?
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I’m with the cop on this one.
Some people will do anything to get out of a speeding ticket.
I applaud Mr. Bryant for his actions. I am not so naive as to believe his motivation was completely devoid of vindictive feelings, but he was correct nonetheless. Authority is intrinsically tied with the responsibility to lead by example. The police officer in question was setting a bad example by disobeying the posted parking regulations.
Personally, I consider the issue of proximity to his vehicle moot. It is not only unjust, but literally impossible to unilaterally declare the duties of a police officer more important than an average citizen’s. To put forth an example: What if Mr. Bryant’s wife was suddenly in an accident and had to be taken to the emergency room? Isn’t that the sort of situation in which one would like to be near their car? Unfortunately, the world does not make any exception for the average citizen simply because of potential need. Is a call on the officer’s radio about some kids skateboarding in a park more important? The fact of the matter is that police officers are people, and they should not be above the law. For some reason, many people think that a police officer’s job is more important than everyone else’s. I think this is a fallacy. We can all be doing important things at any given moment.
Further, laws are written in such a way as to limit subjectivity in interpretation (with varying degrees of success obviously). If we allow police officers to break some laws, where do we draw the line?
…I’m with J-CO here. This guy isn’t going to stop with just breaking parking laws. Lord Acton was right about power. The law has got to be more important to the cop than his convenience or we’ve just minted another Adam Henry who thinks he rules us. I think the complainant was correct in what he did, but I wish it was anonymous and not known who made the complaint. This ain’t over, but it should be.
I find your comments very interesting, but uninformed. “We can all be doing important things at any given moment”, when was the last time you had to go to a bank robbery, to a stabbing, to the scene of shooting? I’m sure you have a very important job, but in your occupation could a few minutes potentially make the difference between life and death? And unfortunately, unlike most occupations, police aren’t guaranteed a luch break, they can be called away at any time! And if Mr. Bryant’s wife was in an accident and needed to get to the hospital I’m sure he would call for an ambulance, hopefully the ambulance crew doesn’t have to walk too far to get to the ambulance! Unlike you I don’t consider the issue of the officers proximity to his car moot, if I called the police about someone breaking into my house I would want the officer as close to his car as possible. You seem to be a very intelligent person, but I ask you to educate yourself about what police work is really like. I suggest going on a ride-a-long with an officer sometime, I think you will find that the duties of a police officer truly can be more important than an average citizen’s. That is unless you are part of that segment of society who hates the police, and nothing you see or are told will change your mind. What am I saying this is a criminal defense blog…nevermind.
Attorneys have nothing better to do than defend those who hurt others. They have no care or concern for society. Why would they care if your loved one was killed because an officer arrived too late. That just means they get a high paying murder case to work on. That’s all lawyers care about. I work with them every day. I listen to them lie in court. I listen to them ask Judges to not impose sanctions on hardened criminals. I have dedicated my life to helping people. It’s what my morals, ethics, and sould have led me to. People who choose to become lawyers obviously have no code of ethics, morals, or soul. They would rather watch a child be molested so they can stand in line to defend the rapist. This jackass attorney is just trying to be a hot shot and make a name for himself, like all lawyers.
I certainly do not hate the police, but I believe that laws are to be obeyed. You reference bank robberies and shootings, but none of these situations was in play during the event in question. The potentiality of these occurrences is a poor reason to give police an excuse to break the law. As I previously stated:
“Authority is intrinsically tied with the responsibility to lead by example. The police officer in question was setting a bad example by disobeying the posted parking regulations.”
If you do not believe that police should be required to set an example, then I would suggest that it is you who needs to educate yourself.
The city of Portland seems to agree with me:
http://www.oregonlive.com/portland/oregonian/index.ssf?/base/news/121687171035380.xml&coll=7&thispage=1
Mr. Bryant;
Thank you for bringing suit against a Police Officer for buying dinner. This will no doubt insure that this ridiculous law is overturned or re-written in a great many jurisdictions who have not had the foresight to do so already.
As a spoon fed college educated idiot sheep, you don’t have the foggiest clue as to what a Police Officer does for a living, the abuses that they must tolerate, nor can you understand that the Police Officer needs to maintain line of site, quick access to their issued vehicle so as to protect the equipment and firearms inside that vehicle. The further the officer is away from their car, the further they are away from life saving communications equipment, weapons and the ability to quickly set up barriers, exit a hostile area or respond to an emergency. But they don’t teach that in juris doctor school, now do they?
Your assertions on your web site are also absolutely ludicrous. Your best interests are to line your pocket, not to embark on some mission of justice. As I said in my last paragraph, the police officers need to maintain ready access to his vehicle far outweighs your need to exercise your leftist belief system and cram your obviously jaded and ridiculous values down anyone else’s throat.
So while your law suit was flawed, misguided and filed only to propagate self serving interests, I’m glad you did, and I’m glad you prevailed. The $35 dollars that the Officer is being forced to pay is nothing compared to the sweet justice that is being served by city, town and county councils, and state legislatures everywhere making it legal for Cops to do their jobs, without threat of persecution by money hungry leftist lawyers and their socialist agendas. Thanks for doing the world a favor, Mr. Bryant. You’re a heck of a guy! TRM
That’s a new one. Very vivid, if somewhat unclear.
Bryant is just another jackass attorney looking to get attention and to draw business to his law practice. He will probably file a motion with the court to try to collect his attorney fees at tax payer expense. What a slug!
I have to agree with you. Most folks have no idea what it is like to get a radio call in the middle of a meal or while in the bathroom telling them to respond to this or that. If this officer parked in a handicap zone I would say you have a beef! Since that isn’t the case, what a waste of tax payers’ money and the court’s time.
I notice that you didn’t write that he dresses funny and his mother wears army boots. Was this an intentional omission. Isn’t there anything else you would like to attribute to Bryant to make yourself feel better?
SHG ~ Didn’t know that Bryant dressed funny or his mother wore combat boots but thank you for that information. As a spoon fed college graduate with a Masters and over 25 years of federal law enforcement experience, married to a federal agent, with a law degee and who practiced criminal law for 6 years, I found Bryant’s actions absurd. Apparently, you support his actions and that’s your right. I hope that you feel safer and the community as a whole is safer as a result of his actions. Me, I feel fine because I don’t even live in your city, much less your state. In the south, we respect your police officers and the fine work that 95% of them do. Yes, I do acknowledge that there are “bad apples” out there. Check out some of the recent “bad apple” police activities in the New Orleans area. You have a good day now.
I take it from your providing us with your substantial, though extremely limited, background that you suffer from the ailment that inflicts most LEOs: you know better.
Perhaps people in the south don’t respect you, as you believe they do, but either fear you or placate you while thinking unkind thoughts about you behind your back. You wouldn’t know, but you would be absolutely certain in your belief that you were appreciated. I’ve known many LEOs, and found that most are quite certain about their world, and quite wrong. And none of them ever believe that they are one of those “one bad apples.” Even after they’re sentenced. I hope you continue to “feel fine” about yourself, and that you are conscientous about obeying the same laws you enforce upon others.
And you have a good day now too.
SHG ~ I am not sure how an individual can have a substantial and extremely limited background at the same time. And I didn’t realize that we were talking about me. I thought we were talking about an attorney (apparently a hero in your eyes) and a police officer parking in a “no parking” zone. Obviously, a major offense in the eyes of Mr. Bryant and yourself. So whether I am personally respected, feared or placated is not really relevant to the discussion.
Since you have made this personal, let’s discuss your comments about all the LEOs that you know. I have concluded that you do not have much respect for any of them. I’m not sure how you came about getting all your experience with all these “know-it-all” cops but if you feel that way, that’s fine by me. Maybe the cops in Portland have earned your disdain but if parking in a “no parking” zone is what has earned your disdain, I would have to say that that type of thinking is pathetic.
As information, I have been assigned to three major cities in the U.S. and not all in the south and have worked investigations with numerous police departments and other LE agencies through tout the country and have never met a cop or agent who had any respect for a “corrupt” LEO or agent. I also haven’t encountered too many convicted felons (cops, agents, attorneys or otherwise) that have viewed themselves as “bad apples.” But once again, we are not talking about “corruption” or “abuse”, we are talking about a cop who parked his “cop car” in a “no parking” zone while he was “on duty.” It wasn’t as if he had parked in front of a fire hydrant or in a “handicap” zone. If you find Mr. Bryant’s actions to be on the level of “hero”, you really need to get outside your shell and “ride along” with a cop for a shift or spend a day training with one of our heroes in the military. See what real heroes go through day in and day out to protect you, your community, and to protect your country.
You would probably have a whole different opinion if an officer had to take 5 extra minutes to get back to his parked unit and missed catching an offender that had attacked you or had burglarized your home or car.
I’m having a great weekend, you do the same!
You indulge in a common fallacy, the straw man. By attributing to me the claim that Bryant is a “hero”, you then get to play with yourself rather than the issue. You do the same thing when you decide that I have no respect for LEOs, enjoying your fantasy conclusions to bolster your position. When you puffed your self-importance by describing you background, something which is impossible to determine since you hide behind your initials, you inserted yourself into the issue.
The issue isn’t Bryant, but what Bryant complained of. You have again constructed a fantasy about what the cop was doing, what he was facing, what might happen if he obeyed the law rather than enjoyed the common perks of cops doing whatever is most convenient for them. Your position is clear. No need to belabor it. The only flaw to your argument is that not everyone is willing to turn over the world to cops, no matter how much cops think that they are society’s heroes.
But as you may well be aware, nobody understands except cops, so naturally I’m just a fool who doesn’t appreciate that the sole reason we exist is to appreciate our police and their sacrifice for us.
Edit: As long as you’re around, maybe you would like to do a little investigation into “cops writing cops,” since there’s apparently a conspiracy amongst those “few bad apples” that expects cops to break the law (when they aren’t at the lunch counter awaiting that emergency call) and others to let them do it. Sounds like a federal case to me.
Given your staunch position, I’ve no doubt that you will be outraged by this conduct and will immediately bring these few bad apples to justice. Please let me know when you do the take down so I can write something nice about it.
Excuse me but aren’t these your words: ‘Talk about taking your life into your own hands. It’s like painting a target on your forehead. But Bryant apparently had enough of police officers using their office to skirt the very rules that the rest of us are required to obey.’ That sounds like hero worship to me. Like he had done something amazing! And for what -“parking” – please give me a break.
I would have taken my hat off to Mr. Bryant if he had done something of significance, like providing evidence that this cop was taking a bribe or had violated someone’s right or had beat someone bloody with his night stick but this “parking” offense just doesn’t cut it with me.
And didn’t you write the following:
… ‘I’ve known many LEOs, and found that most are quite certain about their world, and quite wrong. And none of them ever believe that they are one of those “one bad apples.”‘ Sounds like disdain to me. If I am wrong on one or both conclusions I apologize. There was no “Straw Man” attempt on my part, I was merely drawing my own conclusions based on what you wrote and what I read.
I also don’t see how one separates Bryant from the issue as he is clearly part of the issue, because he took issue with the officer’s parking location.
“Nobody understands cops except cops” – where did you get that bogus cliché from?
I guess we will wait and see if the City of Portland adds an exemption to the current “parking” laws. For godsake, even the judge sided with the cop but was required to enforce the “Letter of the Law” and thus the $35.00 fine.
To end this little useless spat that has developed, I will say this. I spent 5 years in the military and 25 years in law enforcement because I enjoyed it not because I wanted you or anyone else to appreciate me or to turn the world over to me and my kind. I did it because I enjoyed catching “bad people who did bad things” for the people couldn’t or didn’t want to do it themselves. Trust me, I did it not only because I enjoyed it but because I was paid to do it. I assume that is why you do whatever you do for a living. To do otherwise is being a fool. And on top of those two things, it is a nice feeling to know that you put some asshole behind bars so others would be safe and wouldn’t become victims. No doubt some will appreciate it, some won’t, and some won’t care one way or the other as long as they aren’t the victims! That’s it – this is no longer fun so I quit. Take your last shot…
So at the end of the day, after all the sanctimonious crap, I take it you’re not going after all those dirty cops who use their shield as a license to ignore inconvenient laws that exist to protect the rest of us? Or are those laws only important when it comes to citizens, but trivial when it comes to cops who violate them at will?
I spent 25 years as a criminal defense lawyer because “I enjoyed catching ‘bad people who did bad things’ ” too. They’re just not the same bad people as yours.
No wonder this isn’t fun for you anymore. Thanks for stopping by.
Cop Love Sunday
Over the past few days, there have been a bunch of comments on an old post about Eric Bryant’s
Cop Love Sunday
Over the past few days, there have been a bunch of comments on an old post about Eric Bryant’s
I am noticing a disturbing trend in the comments left by law enforcement officers: it would appear that you honestly believe that your job makes you more important than other people. You are not. That is simply the fact of the matter. There are laws, and those laws are to be obeyed. That is part of the social compact by which society functions. Just because you chose to be a police officer does not give you a license to ignore the laws you find inconvenient. If he really couldn’t find parking there, and it is so necessary for him to be by his car, he should have done what any other citizen would have done, and go find someplace else to eat.
Everyone in law enforcement knows that there is no one more important in the criminal justice system than an attorney, just ask an attorney. LOL
So, if an officer stops you for rolling a stop sign or crossing a solid line or speeding, you wouldn’t appreciate that LEO giving you a pass or writing you a warning instead of issuing you a ticket?
In that situation, you would say “no sir, I’m wrong and I insist that you issue me that ticket because no one is above the law!” Let’s throw out that thing called officer discretion! I think not.
Attorneys are no more important than any other person either. I am not an attorney.
You are trying to attribute an argument to me than is different than the one I am making. I am arguing that there is nothing wrong with enforcing the law as it is written, and that neither the police officer in question, nor any other officer, has any entitlement to righteous indignation. Similarly, I would have no such right were an officer to ticket me for rolling through a stop sign. As a matter of principle, I don’t speed, I stop fully at the stop signs, and I don’t cross solid lines while driving. I believe in obeying the law, and I find it disturbing that you do not.
LOL at the end of my second sentence stands for Laugh Out Loud, it was a joke!!! My question about being stopped and given a break by a cop was hypothetical and my further comment was sarcasm but I am glad to know that you are a “safe driver” and commend you for such. I do not recall writing that I do not obey the law and am offended that you would assume that I do break the law because I have defended that Portland officer for his heinous act of parking in a “no parking” space.
To your horror, MOST police officers and federal law enforcement officers have gotten away with parking illegally for over 35 years that I know of, as long as it is an official vehicle and depending on the type of “no parking space” we are talking about and the city involved. Most cities have rules about hydrants, “handicap” and “loading zone” spaces even for LEOs. This will make you feel good – I was with a Chicago Police Officer (in separate vehicles) who parked his “marked unit” behind CPD Headquarters, which was a no-no back in 1979 and when he came back down to his unit and he had been ticketed!! Not sure if the ticket was dismissed or not but I’m sure he had the unpleasant task of telling his shift commander. He had no excuse as there was a whole parking lot available specifically for LEOs directly across the street from CPD Headquarters so he got his “just deserts.”