Pierce County police leaders say new WA reforms hinder effective law enforcement
Law enforcement officials are sounding the alarm about the unintended consequences of two new measures intended to reduce police use of force.
House Bill 1310 and House Bill 1054, both sponsored by Rep. Jesse Johnson, D-Federal Way, went into effect Sunday after being adopted during the 2021 legislative session as part of a police accountability package. They are intended to lessen police misconduct and improve accountability after the public outcry from cases of police killing people of color, like Manuel Ellis in Tacoma and George Floyd in Minneapolis.
One bill restricts when law enforcement can use deadly force, saying officers may only resort to physical force when there’s probable cause to make an arrest, prevent an escape or protect against an imminent threat of harm. The other bill bars officers from using neck restraints and chokeholds, no-knock warrants and unleashed police dogs. It also limits when they can engage in vehicle pursuits and use tear gas.
Many law enforcement agencies are reassessing and changing department policies and analyzing how to respond to certain calls for service. They said one of their biggest concerns is that they won’t be able to assist those suffering from mental health episodes unless a crime is being committed. Another concern is that officers can’t stop a suspected suspect fleeing from a crime because the standard has been raised from reasonable suspicion to probable cause.
“I wouldn’t blame anyone for looking at these changes and wondering if it’s the police who have been handcuffed instead of the criminals,” said Pierce County Prosecuting Attorney Mary Robnett.
Steven Strachan, executive director of Washington Association of Sheriffs & Police Chiefs, said in a statement he believes the measures could reduce the number of violent interactions people have with police.
“However, we owe it to the public we serve to be candid and share that we are deeply concerned that some policing reforms may have unintended outcomes that result in increased levels of confusion, frustration, victimization, and increased crime within our communities,” Strachan wrote.
The ACLU of Washington issued a position paper on the new laws July 19.
“These police agencies have raised worthwhile questions about society’s over-reliance on police to respond to behavioral health crisis. However, their claims and actions around the specific effects of HB 1310 are incorrect and harmful, putting the most vulnerable among us at risk,” according to the statement. “In reality, this new law foregrounds sanctity of life and supports the use of different tools for law enforcement, to ensure the safety of our most vulnerable communities.”
Lawmakers say they’re aware of concerns voiced by several sheriffs and police chiefs across the state and will work with the Attorney General’s Office to provide clear guidance.
“We know it will take time for law enforcement to adjust, but these changes were made for a reason. The level of excessive force used by some police officers, especially in Black and Brown communities, is unacceptable,” Johnson and Rep. Roger Goodman, D-Kirkland, House Public Safety Committee Chair, said in a joint statement.
“Washingtonians have demanded action, and HB 1310 aims to transform how police show up in our communities. “
How policing is changing
In Pierce County, law enforcement agencies said officers and deputies will continue responding to all emergency calls. It’s how they handle those calls that will be different.
“You may now see us leave calls that we previously would have handled. These calls will now need to be handled by new programs, systems or responders that have not yet been envisioned, created or funded,” Sheriff Ed Troyer said.
Some agencies will handle more calls over the phone rather than in person. The first officers on scene will need to assess the situation and decide whether a crime is occurring or a threat is presented. If not, law enforcement officials are advising them to leave.
The ACLU has called that a misinterpretation of the law’s intent.
“The law does not prevent officers from going to the scene even when a crime is not being committed; it does require them to use reasonable care when engaging with people, even those in crisis,” the ACLU said in a position paper. “Choosing not to show up, because an officer may not be able to use violence, is an unfortunate choice that these departments are making, but it is not mandated by the new law.”
Police may no longer detain and transport people who appear to be suffering a mental health episode unless that person is committing a crime. Officers may attempt to stop vehicles but cannot pursue them unless the driver is suspected of a violent crime, sex offense or DUI. They may not detain someone unless there is probable cause, which police officials say typically requires first going to a scene and speaking with the victim and witnesses.
That could prevent police from stopping potential criminals as they flee the scene, according to some law enforcement officials.
“Many more suspects are going to go free because you have raised the bar so high that we can’t even latch onto someone,” Puyallup Police Chief Scott Engle said. “When a crime is afoot, cops want to make sure we catch the right person. We need the ability to stop and detain those people. Now if you don’t cooperate and basically give us the middle finger and keep walking, there’s nothing we can do.”
Engle, like other chiefs and sheriffs, said he simply doesn’t have the manpower to have officers follow the suspected criminal until another officer responds to the scene and develops probable cause.
Until last weekend, law enforcement officers were able to stop people based on reasonable suspicion, like a description and location given to dispatchers during a 911 call. Now they must have solid evidence that the person committed a crime before being able to stop them, something Robnett calls “a major departure from fifty-plus years of U.S. Supreme Court constitutional jurisprudence.”
“Between the new law requiring probable cause to even momentarily detain a suspect, and the new law limiting police pursuits, criminals will likely figure out that it’s now easier and more consequence-free to flee,” Robnett said. “If so, fewer crimes will be solved and more criminals will get away with their crimes. If so, more victims will never see justice. This is not what people want when they call 911, needing the police to help them.”
Revisions likely to address ‘ambiguity’
Police officials said they understand the intent of the legislation and support efforts to focus more on de-escalation. Their concerns stem from what they believe were hurriedly passed new laws that didn’t take into account feedback from law enforcement officers.
“This legislation will result in less pro-active policing and personal interaction,” said Gig Harbor Police Chief Kelly Busey. “It will also lead to less job satisfaction for police officers who may consider other careers and opportunities to be public servants.”
Many law enforcement leaders say language in the legislation is confusing.
One example is HB 1054 banning the use of military-grade weaponry while HB 1310 recommends using less-lethal alternatives like beanbag rounds. Police officials say that’s confusing because beanbag rounds are fired from a shotgun, which is considered military-grade weaponry.
There are also different interpretations of “physical force” — a term that isn’t defined in the new law but which is typically interpreted to mean force as routine as handcuffing someone.
The Attorney General’s Office has said it will provide model policies for use of force and de-escalation tactics by July 1, 2022.
Law enforcement officers say that doesn’t help them this year since the laws are already in effect.
“We are working closely with police chiefs and the Attorney General to ensure that law enforcement has clear guidance on how to implement the law,” Johnson and Goodman wrote in their statement. “We will continue to seek input from all interested parties on these critical issues before the upcoming 2022 legislative session and, if necessary, we will pursue legislation to eliminate any ambiguity.”
In the meantime, several departments have already changed policies and held in-person meetings to speak with officers and deputies about the changes. Several police chiefs and sheriffs have posted messages on social media to share their thoughts and coming changes directly with the public.
“I have never ever, ever in my 20+ years seen a harder time to be a police officer than now. I have never in my 20+ years found the profession of serving and protecting to be so complex. And I have never ever in my 20+ years seen the profession of policing be so politicized,” Engle said in a Facebook post. “Yet, I have never been prouder of the men and women of PPD. They continue to answer the call for help. They continue to try to prevent crime. They continue to try to make a difference. They continue to care about Puyallup. The community all of them have chosen to serve and protect.”
Further reading
Here are some posts and statements from law enforcement, politicians and other organizations about the changes:
▪ Pierce County Sheriff’s Department
▪ Puyallup Police Chief Scott Engle
▪ Tacoma Interim Police Chief Mike Ake
▪ Gig Harbor Police Chief Kelly Busey
▪ Federal Way Police Chief Andy Hwang
▪ Washington Association of Sheriffs & Police Chiefs
▪ Reps. Roger Goodman and Jesse Johnson
▪ Seattle Police Chief Adrian Diaz
This story was originally published July 28, 2021 at 10:11 AM.
