great write up. Cheers for thatNot sure if I addressed this before or in another thread, but with the advent of body cams and multiple levels of independent "random" BWC reviewing, I would guess that discretion will become a thing of the past.
MPDs gun unit caught a bunch of heat for legally seizing illegal guns off mopes in the city, legally submitting them as evidence, legally writing complete reports... but they declined to charge the criminals with the guns. I completely understand WHY they do this, because the AUSAs in DC often refuse to prosecute gun crimes. Why should the detectives go through the trouble of charging people, carrying paper the next morning, submitting guns for test fire, preparing testimony, etc when they know full well that the prosecutors won't follow through on the prosecution of the case???
Anywho, back on the subject. I just don't see officers feeling free to use discretion anymore. There will always be a record showing they didn't do something and there will always be someone (many of them are members on this forum) that will crucify an officer based upon half a story that they didn't like.
In the old days, if it was busy and you pulled over a drunk driver, you could have taken "alternative" measures to ensure the public safety and make sure that drunk driver wasn't a hazard to the community. Instead of taking 3-4 hours off the road to process a drunk driver and write a report, only to watch the prosecutor offer a PBJ plea, you could take 3 minutes to determine they were drunk and about 5 seconds in effort to relieve them of the ability to drive that particular vehicle for several hours, and be on your way to handle calls for service, etc. Now, if there is a video of you chucking some drunks keys into the woods, you'll likely go to jail. If there is video of you driving a drunk military member home, you'll be the first one attacked when they drive drunk 7 years later in a different state and people (again... many are members here) who will villify you and say that if you had arrested that drunk driver 7 years ago after the first offense, he wouldn't have driven drunk this time.
If you see a law abiding citizen with a gun in the back seat, make sure its not stolen and send them along their merry way and an indepenent anti-police Police Accountablity Board member sees that you didn't arrest the guy, you're gonna get suspended without pay. If you let a WHITE guy go, you're going to get fired and might lose your pension. If you let someone go that ultimately ends up committing a crime 10 years down the road, you had better believe they are going to come after your with criminal charges. I think discretion is on its death bed...
I just don't see officer discretion being a thing anymore, especially amongst the younger officers. I want to give this caveat though, I am in felony level investigations now. It is not my job to make traffic stops, and you can darn well believe that I don't have any intention of making any traffic stops ever again in my life. I wouldn't count on the average MCPD cop giving much discretion anymore though.
This is NOT legal advice, nor is it to be considered encouragement to violate any laws. Keep your gun concealed, don't get pulled over and shut your mouth. If you have to ultimately use your gun for defense... be very polite and very quiet.