Editorial
The Grand Rapids Press
Oct. 31, 2005
Excerpt:
Some bad ideas look even worse at second glance.
That’s true of legislation that would potentially protect rogue police
officers from scrutiny. The measure has been reintroduced in the
Legislature, where it died last year. It deserves the same quick burial
this time.Under the bill, statements made by law enforcement officials in
internal investigations would no longer be subject to the state’s
Freedom of Information Act. The statements could be disclosed only if
the individual responsible for them gave written consent or if a court
subpoenaed them. The first is highly unlikely, the latter an
unnecessary obstacle to the public’s right to know.[…]
Current law requires police officers to answer questions from superiors
investigating them or lose their jobs. A 1967 U.S. Supreme Court ruling
holds that statements made under threat of firing can’t be used in
court. In other words, police don’t have to abandon their Fifth
Amendment rights against self-incrimination.But that right shouldn’t keep the public and the press from learning
the details of police investigations. Right now internal investigation
files must be open if a court decides the public interest in releasing
them outweighs the public interest in withholding them. Exemptions
exist for privacy and ongoing investigations.[…]
Hiding bad and criminal behavior by cops would serve no one’s
interests, least of all the public police officers are sworn to protect.