Syracuse Cops Force Doctors to Probe a Man's Rectum for Drugs, Then Bill the Man For It
Similar cases have resulted in huge lawsuits against hospitals and police departments.

Syracuse police obtained a search warrant from a judge to compel doctors to perform an invasive rectal probe of a man they suspected of hiding drugs, even after an x-ray showed nothing out of the ordinary.
And after the scope likewise turned up no drugs, the man was billed more than $4,000 for the procedure.
Syracuse.com reports that Syracuse police, a city judge, and St. Joseph's Hospital Health Center "collaborated to sedate" Torrence Jackson after he was arrested following a traffic stop "and thread an 8-inch flexible tube into his rectum in a search for illegal drugs."
The suspect, who police said had taunted them that he'd hidden drugs there, refused consent for the procedure.
At least two doctors resisted the police request. An X-ray already had indicated no drugs. They saw no medical need to perform an invasive procedure on someone against his will.
The notes from police and doctors suggest some tension, a standoff. At one point, eight police officers were at the hospital. A doctor remembers telling officers: "We would not be doing that."
The hospital's top lawyer got pulled in. He talked by with the judge who signed the search warrant, which was written by police and signed at the judge's home. When they were done, the hospital lawyer overruled the doctors. The lawyer told his doctors that a search warrant required the doctors to use "any means" to retrieve the drugs, records show.
Jackson was then hooked up to an IV against his will and put under general anesthesia while doctors performed a sigmoidoscopy. No drugs were found.
According to the story, Jackson was arrested after a pretextual traffic stop where officers found a baggie of marijuana and detected cocaine residue on his car seat.
Jackson has a long rap sheet and was combative with police in jail, but the encounter crossed into dubious ethical and legal territory when police compelled doctors to perform a medical procedure they saw as unnecessary.
Previous cases like this have resulted in police and hospitals paying out huge amounts of money to settle lawsuits.
In 2016, the federal government and an El Paso hospital agreed to pay a New Mexico woman roughly $1.6 million dollars for the six hours of invasive cavity searches she was subjected to after a Customs and Border Patrol (CBP) drug-sniffing dog alerted to her.
In 2014, the city of Deming, New Mexico, paid David Eckert $1.6 million after he was subjected to two X-rays, two digital probes of his anus, three enemas, and a colonoscopy in an ultimately vain search for drugs.
In another 2014 settlement, CBP and the same El Paso hospital agreed to pay out $1.1 million to a woman who endured a similarly degrading series of cavity searches.
"Aside from the vaginal probe and CT scan, the woman also underwent a forced observed bowel movement, a rectal exam and an X-ray," the Texas Tribune reported. "She was eventually released six hours later then billed $5,000 because she refused to sign a consent-to-search statement."
The drug charges against Jackson resulting from the traffic stop were thrown out. Jackson has refused to pay for the unwanted medical procedure, and the hospital is now threatening to send him to collections.
See also: ReasonTV's video on the 2012 case of Timothy Young, who was handcuffed by Hidalgo County deputies and driven to a nearby hospital, where he was x-rayed and digitally probed against his will. No drugs were found.
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Hard to believe the police and hospital lawyers were so damned eager to lose a $1M+ lawsuit. You know those previous cases were publicized in medical circles. Any hospital admins who didn't know of them are just phoning it in.
This is actually very true, although from personal experience most hospital administration personnel are indeed phoning it in. Most of us only have jobs because of Federal fiat.
Between the legal changes, the regulatory changes, the shifting political climate, changing practice standards, changing diagnostic & treatment procedures, and changing medications, any healthcare administrator who thinks he is in charge of anything is delusional.
The rest are merely dishonest.
When you do not know your destination no wind is favorable.
Oh, and I left out the every shifting insurance/reimbursement rules.
There was a case in Utah a few years ago where the cops bullied a nurse to make her do something like this current case. IRCC, she got an ass ton of money out of the deal.
"A Utah nurse who was forcibly arrested when she refused to let an officer draw blood from an unconscious patient has reached a settlement worth half a million dollars."
duckduckgo it if interested...
Yes, Reason reported that and the other cases. It all makes it very mysterious why these cops and hospital admins went ahead and cost their hospital a million or two.
Respect my authoritah + no consequences = ?
#metoo
To overstate the fundamentals of this case:
It's a pain in the ass.
Christ, what an asshole.
Is that a quote from the sheriff's deputy during the search?
who police said had taunted them that he'd hidden drugs there
Police: Where's the drugs, boy?
"Suspect": They up my ass.
Rut around with your finger and dig 'em up, boy.
^another parenting lesson from Crusty
Another redneck dance party. https://www.youtube.com/watch?v=KTvF36vPG8w&t=24s
You have a funny way with words Mr. Juggler.
America's drug warriors -- the reprehensible people who conduct the drug war rather than find honorable livelihoods, and the lousy people who support and enable the current and equally doomed version of Prohibition -- can't die off fast enough.
When they take their stale, authoritarian thinking to the grave, they help make America great!
Stop dumping on our great liberal-libertarian Presidents, Wilson and FDR, and their wonderful drug laws of 1914 and 1934!
Man, even when you write something I generally agree with it's awful to read.
I have to ask: are you the former 0x90?
No idea who that was, but 0x90 = 144, and that's gross!
Not enough political correctness for you?
^this
Funny, virtually all of your repugnant progressive ideas require the State to enforce them, with violence, by use of the same State actors you proclaim to despise. State sanctioned violence goo when Arthur agrees, State sanctioned violence bad when Arthur disagrees.
Wow. Even when you're right about something you're still an asshole. We've always agreed about drug warriors. But California has as much of a problem with them as anywhere else and has a Democratic libtard super majority in the legislature again. And the governor and Lt. governor are also liberal Demtards. But keep spouting the same nonsense. This bitter clinger is at least smart enough to realize that both sides of the aisle have problems and no one party has a monopoly on depriving people of their freedoms.
$4,000 for some anal play?
[crosses Syracuse off vacation list]
A prostate exam in Curitiba, Brazil costs 45 USD. Think of that, remember "good faith" prohibition-fanatic searches, and embrace the fact that no ex-pats can be forced at gunpoint to buy Gesetzliche Krankenversicherung (nationalsocialist health insurance).
Rectum? Damn near killed 'em!
Which one is the asshole?
The cop or the doctor?
The doctor may very well have been threatened with arrest by the cop and/or judge. If anything, the doc is less of an asshole than the others involved.
I recall a pig assaulting a nurse for not being quick about obeying his demand that an innocent victim be jabbed with needles. The case was unusual in that the First Responder? pig, not the nurse, got fired.
The one in Utah. I mention that downthread.
This is one where the docs were obligated to defy the wrongful court order. If that means pissing off the cops, and taking a ride to jail, then so be it.
My answer would be either, "Go fuck yourself" or "Oh, please, please, please arrest me, I could really use a $1M settlement." Likely I would say the former while thinking the latter.
No, give them the second. And think the first. There IS such a thing, at least in the hyperactive imaginations of some dirty coppers, as "verbal assault", which, though harmless, remains assault... and against a dirty copper? Well, now we shan't be abiding that hereabouts, shall we? As to the second, it MIGHT give him pause...... then the next question to ask is this one: "you DO have your personal bond and insurance current. don't you? DON"T you???!!!!???????
That's enough to give them the willies.. because of they mess up, and you go after their bond, they cannot work until it is released..... so most will elect to not mess up.
Mentioning some of the cases that followed a similar pathway just might really stop them in their tracks.
One option they had was to book him on the lightweight probable cause they had, put him solo in a cell with no flushing Crapper........ long enough to where he'd HAVE to go. Nowhere to put it, what's he gonna do, hold it for three days? Unless he really doesn't have anything hidden up there, which was the case this time.
The lawyer told his doctors that a search warrant required the doctors to use "any means" to retrieve the drugs, records show.
Or else what? Because on the one side you're sure to get sued.
"Fill out these forms and we'll contact your insurer about referring this patient to a licensed proctologist. If you're part of the state run network, you might be out of luck... What? You said *any means*!"
If they have a warrant it gets a little sketchy, but it seems to me that you can't just issue a warrant to compel medical staff to perform procedures either. The fact of the matter is if there was something up there, if you wait a while you'll know for sure one way or another.
You haven't lived in America long, have you? The cops can compel you do whatever the fuck they want. We left rule of law behind years ago.
I've read the text of the 4th amendment, and I don't recall anything about compelling performance from 3rd parties.
I've read the 13th Amendment, and that seems even more to the point here.
Seppuku?
thread an 8-inch flexible tube into his rectum
My God.
that a length or a width thing?
If he didn't need a bag of drugs beforehand, he will after.
And of course, he got them before hand too when they put him under- give him a bunch of drugs we like so we can search for a bunch of drugs we don't like.
Yes indeedy! God's Own Prohibitionists lie awake nights thinking about ways to get men with guns to threaten deadly force in order to ram a foreign object into some unwilling altar boy's suspect's rectum.
That is an R-rated scene in your average gay porno.
I wonder who sealed it.
The pages were all stuck together after the cops were finished.
How can a judge issue an order forcing a doctor (who is not an agent of the state) to execute a warrant?
That's why there is going to be a >$1M settlement. The hospital's attorney made the (wrong) call. Too bad the article doesn't mention him by name.
>>>search warrant required the doctors to use "any means" to retrieve the drugs
get the Dyson.
Try the dispensary down the hall.
Like police shooting a suicidal man, authorities were not about to let Jackson be the one to damage his rectum.
Indeed. If the suspect says he doesn't have drugs up his ass and an x-ray doesn't show anything, how can the city be held liable? Oh, wait, we have too many lawyers with too little to do -- that explains it.
This is what voters are asking for when they pass up the chance to stand for repeal and to enforce individual rights by voting libertarian. Religious conservatives, on the other hand, see the Political State as their handmaid for prohibition-at-gunpoint, asset-forfeiture (the economy be damned!) and to cater to their fixation with the horrible idea that other people's pee-pees might be employed in the pursuit of happiness or even pleasure. Doing your own thing is what the Libertarian Party makes possible--using votes to force looters to repeal laws that tell men with guns to drug you unconscious and ram their fingers up your ass.
So should it be agents of the State who wear those red "handmaid" costumes?
Lot of people in this chain of events that seemed to be ok with what was going on.
Many weren't. That should have been a red flag for everyone else who wasn't wearing a badge.
The lawyer told his doctors that a search warrant required the doctors to use "any means" to retrieve the drugs, records show.
Wait a minute, that doesn't seem right. How can a warrant to search a guys asshole require doctors to perform a procedure on someone? Seems to me a warrant says that police can search the named places or orifices, but can it compel third parties to act in some way? I may be ignorant of something here. Anyone know better?
And what's the worst thing that could have happened to the doctors if they simply refused?
This kind of shit really bugs me. It seems to me that there should be a lot more required to violate someone's bodily integrity like that than what you need to get a warrant to search a house or car. The guy should at least get some kind of hearing and have some chance to defend himself before being violated like that. It's nuts that it just takes one cop and a lazy judge and some guy gets an anal probe. And then gets to pay for it.
And what's the worst thing that could have happened to the doctors if they simply refused?
Jailed indefinitely for contempt of court?
Arrested, like that nurse in Utah last year?
^ This.
Or they could be fired by the hospital for ignoring the in-house lawyer, too. Especially if it's already a shitty hospital system.
I'd be a little shocked if they were, though, since the precedent that would set would be a loss for the hospital if the county or city isn't paying (and in this case, it seems they aren't paying.) If they know they can get warrant search procedures for free, you'll see a lot more of them and there is no way anyone is going to pay for those.
I think any reasonable ethical standard would require the doctor to choose that option. Then he can probably sue the cops too.
That goes back to the earlier question, do judges have the authority to compel a doctor to perform a procedure on someone with a search warrant? I don't think they do.
They don't need authority when they can abuse power with impunity.
It would be interesting to see what would happen if the doctor decided to turn the tables and had the cop involuntarily committed.
I like the idea, but how is the doctor going to actually manage it?
"How many divisions does the Pope have?"
It would not be indefinite.
Indefinite contempt is reserved for cases in which the contemnor "holds the keys to his own cell," i.e. refusing to testify.
Since the search is either conducted by someone else or no longer needed after a period of time, the contempt would be a definite fine or sentence, usually determined by a different judge and capped at six months in many jurisdictions.
The search was no longer needed after the x-ray, the physical check was just for purposes of abuse.
And I really don't see the basis for charging the guy they ordered it done to.
he who calls the tune pays the piper. The victim here did not call the tune.. the dirty coppers and the dirtier judge did. So THEY get to pay for it.
If I order a meal for a guy sitting at another table in a restaurant and I don't eat it, the other guy is not the one who gets the check.
Seems to me a warrant says that police can search the named places or orifices, but can it compel third parties to act in some way?
Healthcare is a human right.
In Colorado (at least at the time. The issue hasn't come up again to see if the law has changed), the body is described as similar to a hose.
Now anything you do to the hose requires all manner of consent.
But anything inside or outside the hose is fair game.
There is also a degree of "professional courtesy" between law enforcement and medical, especially as ERs have come to resemble pay per view wrestling events, and you don't necessarily want to get on the bad side of those who can get an order to medically restrain or otherwise physically remove the person swinging chairs at the nurses.
/The More You Know
"Previous cases like this have resulted in police and hospitals paying out huge amounts of money to settle lawsuits."
Pot of gold at the end of the drain hole...
You know, I'd take an anal probe for a million bucks.
How about 5 bucks?
/haggling over price
I bet we could talk Zeb down to a six-pack of an IPA.
Nope. Gotta be a million. Or maybe half a million. I'm actually gainfully employed, a 6 pack wouldn't be terribly life changing.
Yes, I am, technically speaking, a whore for enough money.
Along with the price you should probably specify what is meant by "probe" as well.
A warrant authorizing a search is not the same as a lawful compulsion for the doctors to do something.
Perhaps they should have taken him to a prison medical facility?
Even then, they would have had to convince the prison medical staff to do this voluntarily - a lower bar to be sure, but even then they weren't under any obligation to cooperate.
No they didn't. Search warrants can't compel doctors to do any such thing. They had a search warrant *authorizing* them to perform that rectal search and found a doctor, either willing or browbeaten in to it, to voluntarily do that work.
In order to compel the doctor they'd have also had to get an 'order to compel' - like they did in the Apple phone cases.
C'mon Reason - get a sub-editor.
See? The hospital had a shitty lawyer - and shitty doctors since a lawyer can't 'overrule' anyone, he can only advize.
That lawyer probably would "advise" the hospital to revoke the doctor's privileges.
They had a search warrant *authorizing* them to perform that rectal search...
It's likely not even going to shield them against litigation.
When everyone is an editor, no one is an editor.
"Editor" is an honorary title at Reason.
Primum non nocere
I seem to recall that being the chiefest of ethical obligations of a health care professional.
I think the standard here was more....
Oderint dum metuant
....than
Primum non nocere
(Let them hate, so long as they fear.)
Docs committed both malpractice and assault. They need to go to jail, along with the hospital's lawyer.
Medical ethics trumps in this situation, with the welfare of the patient supreme always to the wishes of the state. Ample laws in every state that permit health care providers exemptions from coercive third parties.
And don't forget the hon. Judge Rory, accessory/ conspiracy to rape/ deprivation of rights under color of authority.
Yeah, I know better.
And no, he shouldn't get to avoid the sex defender's registry either!
But in a world where a judge can ruin someone's reputation by chewing him out in court and on the record for a treason he did not commit, I expect no justice here either...
Doing an involuntary rectal probe and billing you for it? Sounds like a perfect metaphor for arbitrary government.
In a just world, this procedure would be free, citizen.
Or at least discounted.
Government is just another word for the things we do together.
I don't understand the "finding the drugs by any means necessary" that stopped at a colonoscopy. If the colonoscopy didn't find the drugs, they've got surgeons and scalpels, don't they? Any means necessary, officer - you don't stop until you find the drugs even if it involves a woodchipper, a centrifuge and a GC-MS.
Good point. He could have had drugs surgically implanted anywhere in his body.
The suspect, who police said had taunted them that he'd hidden drugs there, refused consent for the procedure.
The dependent clause is really unnecessary in that sentence.
The suspect, who police said had taunted them that he'd hidden drugs there, refused consent for the procedure.
"Actually, Officer, they're up *your* ass!"
Would that obligate the cop to go fuck himself looking for them?
I love how taunting the police is used as a justification in their minds.
Police: "Well, you see Your Honor, he taunted us, so that means we can legally do whatever we want to him, Right?"
Judge: "Completely true."
Is there an escalation of taunting scale? Like at what point does a taunt cease to be a taunt and resembles more of a dare, double dare, double dog dare, or the queen mother triple dog dare?
I hope he also at least got a reach-around. At least then he'd have gotten his money's worth. Asshole cops, literally.
This is akin to having the contractor destroy your house by accident because he got the address wrong, and then having him bill you for it.
What a waste of money. Space aliens would happily probe this guy's anus for free! Yours too!!
There has to be an Obamacare joke in this.
Something about a pre-existing condition?
F these cops, and F that hospital. F the doctors too for not resigning in protest. Bad Americans.
Don't forget to F the wasteland that is the city of Syracuse.
Limited Government, my ass!
Pun intended.
Really hoping a victim someday uses the money to put doctor and cop faces on billboards across the city.
But even if you peeled them off nicely with a scalpel, they'd be really hard to see way up on a billboard. Better put 'em up on stop signs, instead. Perhaps near the hospital?
Dude, the money will be used to by actual drugs that he can hide in his anus, best place ever for hide to hide the drugs moving fwd.
The Doctors should lose their licenses.
"I was just following orders" doesn't cut it.
I think it's more, "I was under the duress of threat of arrest and losing my job" than just following orders. The point of a license is to maintain a cartel, but the ostensible point of a license is to verify that the person is reasonably competent under normal circumstances.
They could still suspend it and require the doctors do ethics training, though.
"Syracuse police obtained a search warrant from a judge to compel doctors to perform an invasive rectal probe of a man they suspected of hiding drugs,"
Anyone knows if they compelled individual doctors, or the hospital?
I'm curious just what the order says.
I can see a judge granting a search warrant, but how do any particular doctors or hospitals get drafted into anal rape?
It seems to me that the judge and police over-reached because they made a medical judgment that (as a matter of law as well as fact) they lacked the expertise to make. The judge may have the authority to issue an order compelling physicians to search a suspect's intestinal tract for drugs (although he apparently neglected to issue such an order and merely signed a search warrant), but the police and judge evidently over--rode the physicians judgment that a colonoscopy would not reveal anything that did not show up on the X-ray. That was a medical decision beyond their expertise and authority. Once the physicians gave their opinion based on the X-ray that the suspect was not concealing drugs, the search was complete. It was not the place of the judge or police to decide that a colonoscopy should be performed.
There is a second aspect of this case that I find particularly troublesome, namely the nature of the procedure. It is one thing for a court to order a procedure that poses little or no risk to the suspect, such as drawing a blood sample. In this case, however, the procedure required general anaesthesia, which is intrinsically risky. A search requiring general anaesthesia should impose a significantly higher burden on the police. Indeed, I believe that in some states such searches are legally impossible.
"The judge may have the authority to issue an order compelling physicians to search a suspect's intestinal tract for drugs "
Shudder.\
The idea that some lowly judge can compel a citizen to become an agent of the state is both offensive and frightening.
Sounds legit. That guy obviously has a few kilos stashed in his butt. Totally worth all the fuss. I mean, they wouldn't go through all that for what might be a tiny amount of drugs just to punish the guy for being combative and will likely result in the taxpayers being on the hook for seven figures. Nah.
America; Land of the free*
* some restrictions may apply
* license or permit may be required
* subject to change without notice
The lawyer told his doctors that a search warrant required the doctors to use "any means" to retrieve the drugs
The lawyer was wrong. Judges don't have the power to conscript doctors to violate a patient's human rights. By complying with this illegal order, the doctors became felons themselves.
-jcr
If there was justice, the victim here gets the choice of taking the officers' actual pensions, the doctors' Mercedes+boat and the lawyer's house or undertaking whatever probes and photos he'd like after sedating the individuals above.
Wanna bet the cops literally asked "where's the sh** at?" and he answered correctly?
When physicians become employees of a corporate entity, they serve the interests of their employer rather than those to which they once swore an oath. No ethical doctor would perform any procedure on a competent patient without consent and would usually be subject to disciplinary actions should he.
In terms of consequences that would be my biggest concern - board sanctions.
Because I suspect any liability payments are going to come out of the hospital/health system given that the attorney signed off on all of it.
Lawsuit not disciplinary board actions.
If anyone cares here are the issues.
Police bring a prisoner. Doc should never give police ability to give any orders or commands.
Police say they saw this man stuff drugs in his rectum.
Now doc has a data point. One which, "did you put anything into your rectum?" prisoner says no. Your two data points cancel each other out.
Go safety. Radiolology. An abdomen x ray series or CT scan.
Radiologist can't see anything. Rectal foreign body is not a new subject.
You got better than 80% chance that there is nothing there. Now what.
Simple answer from the doc. I have no emergent medical indication for more invasive procedure. There is no bowel obstruction, no visible foreign body, the patient is not in distress. I do not have consent.
Doc wants someone to admit and observe. Consult general surgeon. Consult psychiatry. Consult internal medicine.
Now it gets worse. Hospital gets the lawyer. Cops are all over the place.
This patient has a potential lawsuit for assault and battery.
Every one of those assholes involved should be fired and charged with felony forcible rape, and RICO, and convicted, then sent into general population max security shithole like Auburn, for 10 years, with no parole, and then forced to give up their guns and ammo, for life, and be put on the sex offender registry, class 3, for life, w/ pictures, vehicle descriptions, home and work addresses, and have to up date all that info every single year for life and...
But of course nothing will happen, except maybe a medal for the cops, for being heroes, and maybe a raise, or perhaps a comp. claim, for having PTSD, because they were anonymously badmouthed in a news article, then retire at 40 w/ a double dip pension, then sit around, and do drugs, and laugh about all this ...
Even the victim? You said every one of those assholes involved...
He's got an ass-cavern now, so he's exempt.
Meanwhile, an estimated 330 metric tons of cocaine alone slip through the border every year. Or to put that into perspective, well over a ton a day of drugs in general (because I was too lazy to look up amounts per year of other drugs smuggled into the US). But let's just be conservative and say its a ton every day. To make the math easier.
So to further put that into perspective, while they were digging around in this random guy's ass for a few grams of drugs, at most, around 700 lbs of drugs were slipping through America's ass, AKA the Mexican border.
First, it will be interesting to see what the Office of the Professions (which regulates and licenses physicians in NYS) will do if this is reported to them. The optics of a slap on the wrist for what amounts to forcible sodomy are terrible in the current environment.
Second, in the pre-electronic records era this patient/victim's "chart" would have been taken before the ink was dry, by someone with an administrative title, directly to the incinerator after a brief stop at coding/billing, so when the lawsuit is filed instead of contemporary written evidence there will be only the "recollection" of those deposed months or years after the fact.
No idea how that works these days but presumably there are ways to make inconvenient records vanish.
Third, no matter what else happens those most culpable- the cops, the lawyer, and the judge will skate happily into the sunset without so much as a speedbump on the way to their well funded retirements.
In the post EMR world reality is. If you open the record there is a log which is discoverable by attorneys. They know this. It will show what you accessed, clinical notes, reports by consultants, surgical records, pharm, pathology, radiology, anything there.
Any attempt to change or erase any of it is a very bad idea. It is all there.
Too local
DId the docs do a full blood workup and an EKG to make certain he did not have any medical conditions that would contraindicate general anaesthetic? Of not, gross negligence should be persued.
WHEN will the stupid tyrannical idiotic ineffective "war on drugs" be ended? Seems those persuing the war are the ones on drugs...... pride, ego, showing off, grandstanding, approval of superiors, are all very powerful "drugs"/
On WHAT basis do FedGov have ANY say-so as to what we do/do not put into our bodies? Nine I've ever seen.......
When those engaged in it go to prison. The Nuremberg guards couldn't use the "following orders" defense, why should the DEA and other government agencies.
This is why we should all cheer when cops are shot in the face .
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Step one: execute cops.
Step two: torture and execute judge
Step three: execute lawyer
Step four: send all medical personnel involved to prison for forcible rape and require registration as sex offenders for life
Step five: liquidate assets of judge, cops, lawyer, medical personnel, and hospital and award to victim
okay, I'll go with your idea.
amzing post!
sue the crap (pun intended) out of the cops, then fire them, then fire their supervisor, then fire the city attorney, then fire the hospital attorney, then impeach the judge. Oh, and arrest the onsite cops, and let them go to gen pop.
Pay the criminal, 2+ million dollars in damages to come first from all funding for optional police related spending. No new guns, uniforms, programs, and overtime.
Maybe if the bureaucrats and the cops suffer real damage damage, this things will stop.