(July 26, 2005) Earlier this year, The Post & Courier of Charleston reported on the issue of bad cops in South Carolina.  In May 2005, The Sun News of Myrtle Beach reported that State Law Enforcement Division (SLED) rejects one-third of its applications due to the applicant’s police employment records.  Problems that SLED referenced ranged from policy violations to mishandling evidence and money.  In the July 25, 2005 edition of The State of Columbia ran an article titled, “Simple laws could help protect public from bad cops”.  While the suggestions offered in this article have merit, they fall far short of actually solving the problem; and this is a problem that absolutely must be solved.  Governor Sanford, in response to the Post & Courier articles, appointed a panel to come up with ideas of how to fix this bad situation promptly. 

There is really only one way to rid South Carolina of unethical police officers.  The bad cops need to believe that they will no longer be able to operate under the radar.  The way to accomplish this is very simple.  Each and every police officer in South Carolina would be required to take a lie detector test at least once a year, ideally 30 days prior to an officer’s annual performance review.  Additionally, if any allegation of misconduct or abuse is made against a particular officer throughout the year, they should be required to take an additional lie detector test within 15 days of the allegations being made against the officer. 

The questions asked during these lie detector tests should remain consistent in content.  If any officer’s test suggests that he or she might have acting inappropriately within the last 12 months, then SLED must investigate every case in which the officer was involved within the testing period. 

Furthermore, it would be required for the police department in which said officer is employed to notify by letter, all persons arrested by said officer in the previous 12 months, informing them that SLED is conducting an investigation regarding potential misconduct.  This will encourage potential victims of abuse to come forward.  Undoubtedly, there will be those who lie about abuse.  So be it.  SLED agents are trained to deal with these types and will do so accordingly.  Each police department would be responsible to pay for it’s own testing.  Any objections by officers at such a policy claiming such testing is intrusive and overzealous should be immediately laughed at hysterically.  That would be the preverbal pot calling the kettle black, would it not?  The standard set in South Carolina should be that if you wear the badge, you take the test. 

These tests would need to be administered by a third-party testing facility.   Here are 16 questions that would rid South Carolina of bad cops, if it dares. 

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY CAUSED OR ALLOWED EXAGERATED STATEMENTS OF FACT TO BE INSERTED INTO A WRITTEN INCIDENT REPORT OR SWORN AFFIDAVIT?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY MADE EXAGERATED, EMBELLISHED OR FALSE STATEMENTS IN A WRITTEN INCIDENT REPORT OR SWORN AFFIDAVIT FOR THE PURPOSE OF PROCURING OR ASSISTING IN THE CRIMINAL PROSECUTION OF A FELLOW CITIZEN?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY MADE EXAGERATED STATEMENTS OF FACT WHILE TESTIFYING UNDER OATH IN COURT FOR THE PURPOSE OF PROCURING OR ASSISTING IN THE CRIMINAL PROSECUTION OF A FELLOW CITIZEN?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY STOPPED AND DETAINED A FELLOW CITIZEN UNDER FALSE PRETENSES AND WITHOUT REASONABLE SUSPICION?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY ARRESTED A FELLOW CITIZEN WITHOUT JUST AND REASONABLE CAUSE?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY COMMITTED BATTERY UPON A FELLOW CITIZEN WHEN THE USE OF PHYSICAL FORCE WAS NOT NECESSARY UNDER THE CIRCUMSTANCES?

HAVE YOU EVER COMMITTED BATTERY UPON A FELLOW CITIZEN AFTER HE OR SHE CEASED ANY RESISTANCE AND FULLY COMPLIED WITH YOUR ORDERS?

HAVE YOU EVER COMMITTED BATTERY UPON A FELLOW CITIZEN SIMPLY BECAUSE YOU WERE ANGRY?

HAVE YOU EVER KILLED A FELLOW CITIZEN UNDER CIRCUMSTANCES THAT DID NOT REASONABLY JUSTIFY THE USE OF DEADLY FORCE?

HAVE YOU EVER ARRESTED A FELLOW CITIZEN IN ORDER TO HELP SATISFY OR FULFILL A DAILY OR WEEKLY "ARREST QUOTA"?

HAVE YOU EVER STOPPED AND DETAINED A FELLOW CITIZEN SIMPLY BECAUSE YOU THOUGHT THAT HE OR SHE WAS ATTRACTIVE?

HAVE YOU EVER SOLICITED OR ACCEPTED SEXUAL FAVORS FROM A CITIZEN THAT YOU HAVE ARRESTED OR THREATENED TO ARREST?

HAVE YOU EVER DRIVEN YOUR MOTOR VEHICLE AT SPEEDS FAR IN EXCESS OF THE LEGAL SPEED LIMIT EVEN THOUGH THERE WAS NO LEGAL REASON FOR DOING SO?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY PLACED OR "PLANTED" FALSE INCRIMINATING EVIDENCE ON A FELLOW CITIZEN AT A CRIME SCENE?

HAVE YOU EVER KEPT FOR YOUR OWN PERSONAL GAIN, PROPERTY OR CONTRABAND THAT WAS CONFISCATED DURING A TRAFFIC STOP OR INCIDENT TO A SEARCH AND/OR ARREST OF A FELLOW CITIZEN?

HAVE YOU EVER CONDONED OR APPROVED OF ANY OTHER LAW ENFORCEMENT OFFICER COMMITTING ANY OF THE ACTIONS ENUMERATED IN THE PROCEEDING QUESTIONS?

These questions are tough indeed, but no tougher than doing 10 to 20 years in state prison because the arresting officer planted the evidence in which the defendant was convicted.  If Governor Sanford and SLED truly want to get to the bottom of the “bad cop” problem, they cannot do so while protecting cops.  I recognize that approximately one-third of South Carolina’s police would fail the test that I have proposed.  Others would quit their job before ever answering the questions above.  And that’s the problem.  I do not believe that the Governor or our state Senators and Representatives, the Attorney General or SLED really wants to deal with this problem.  I hope they prove me wrong.  But unless they adopt a standard similar to what I have proposed, nothing will be accomplished.