(The officer in the video above was later identified as Lonnie Wade.)
By Calvin Hodges
March 23, 2018
In October 2017 at the Meijer Store on Eight Mile Road in Detroit, a person who was later identified by the news media as David Bivins was brutally assaulted and illegally arrested by a Detroit Police Officer. This officer, later identified by the news media as Lonnie Wade, was working in the capacity of a private security officer, while in his full City of Detroit police uniform and in the possession of City of Detroit police equipment and property at all times during the course of the incident.
The primary purpose of police officers and their requisite training is to use the powers granted to them under State law to enforce felony criminal and misdemeanor laws by apprehending and arresting persons who have committed violations thereof, by paramilitary methods if necessary. Meanwhile, the primary purpose of regular Security Officers under State law, who may have limited formal training if any, is to detain persons by reasonable force ONLY, who have been observed to have violated “Retail Fraud felony and misdemeanor laws” while acting as an agent of their employer.
Other misdemeanor detentions are not authorized under State law, only others involving felonies affecting them as an agent or as a private citizen under Common law. This is unless the security officer and their employer have been authorized under a separate state or federal statute and have received in most cases training similar to regular police officers, to operate generally on campus like settings and other semi-public places.
Since then another incident of police brutality and excessive force has been documented as having occurred on March 11, 2018 at a business named “Ottava Via” serving retail alcohol for consumption on the premises on Michigan Avenue in the City of Detroit. Purportedly, while off –duty, a City of Detroit Police Commander identified as “Timothy Leach,” in civilian clothes and working as security for the business had an altercation with a male patron identified as “Michael Karpovich.” Leach allegedly severely injured Karpovich, then failed to render aid to him and did not report his actions to the proper persons as required by the City of Detroit Police Department Policies.
It has already been determined that police working second jobs should not be employed by entities which may be covered under their police powers including those that provide alcohol and tobacco products for sale. Previous court decisions, and the rules and regulations of most reputable police agencies, indicate that this should be the policy as such employment conflicts with the public interest and leads to corruption.
Moreover, courts have ruled in many cases that it is almost impossible to determine or separate when an off -duty police officer as a private person detains or attempts to detain a person, or as a private security officer detains a person as an agent of his employer under a State law, whether or not such a person has been merely detained or has been detained or arrested by the off duty officer as a law enforcement officer “Under Color of State Law.” This is a much higher and constitutionally held standard involving “due process rights” for the person detained.
Finally, the current DPOA contract, the “MASTER AGREEMENT BETWEEN THE CITY OF THE DETROIT AND THE DETROIT POLICE OFFICERS ASSOCIATION 2014 – 2019” lists on pages 66 & 67 in Section 42, “OUTSIDE EMPLOYMENT,” examples of types of regulated employers which are prohibited for second jobs. It also says in the fourth paragraph that officers in engaged in second jobs should not use city uniforms or equipment in their performance of those second jobs.
Also there are similar provisions concerning outside employment by City of Detroit Police Supervisors contained in their contracts as well. See “Master Agreement 2014-2019 between the City of Detroit and Lieutenant & Sergeant Association” pages 17 & 18 Section 14. Outside Employment, and the “Master Agreement 2014-2019 between the City of Detroit and Command Officers Association” page 11 Section 13. Outside Employment.
Also being ignored are provisions contained in the 2012 City of Detroit Charter see page 18 Section 2-106.1 2.d “Ethical Standards of Conduct.”
(See attachment for the rules cited above at http://voiceofdetroit.net/wp-content/uploads/Calvin-Hodges-article-attachment.compressed.pdf
In conclusion the question should be asked why have Mayor Mike Duggan, Police Chief James Craig, DPOA President Mark Diaz, LSA President Mark Young and COA President Aric Tosqui authorized or otherwise permitted these type of employment arrangements? They are an assault on their contracts and violate the City Charter. They put the general public, the Detroit taxpayers and the poor underpaid and overworked police officers themselves at risk at jobs which history shows they are not properly suited for, and are barred from holding under specific provisions in the current DPOA contract, the LSA contract, the COA contract and the City Charter.