Chasing Out the Police
/By: Joel E. Gordon
"Let cops be cops" - Kash Patel
In 2021, in response to the death of George Floyd, the Maryland Legislature repealed its Police Bill of Rights. The sweeping police reform bill stipulates force can be used only to prevent “an imminent threat of physical injury” to a person or to “effectuate a legitimate law enforcement objective.” It also upgraded the standard for using force from “reasonable” to “necessary and proportional.”
For every thoughtful state, in conformance to established case precedent and law, the standard for police use of force is reasonableness. What would a reasonable police officer do under like circumstances where threats of harm are perceived based upon professional first-hand analysis?
Washington, D.C.’s Metropolitan Police Department (MPD) cited recent changes in Maryland’s use-of-force policy as to why multiple law enforcement agencies were reported as being unable to assist with security for the 2025 presidential inauguration ceremonies.
Just days before the inauguration, seven Maryland-based police departments declared that they would not be working with MPD, despite having assisted with security in the nation’s capital in previous years. At least one department, the Montgomery County Police Department, revealed it was due to issues with the Memorandum of Understanding (MOU) between the departments. Some of these departments, including those in Anne Arundel County and Prince George’s County, as well as Maryland State Police, said they would be assisting the United States Capitol Police instead.
In a statement from D.C.’s Metropolitan Police Department it was said that “Due to differences in the interpretation of Maryland’s recent legislation on Use of Force compared to the District of Columbia’s Use of Force policies, some Maryland agencies are unable to assist MPD directly for the inauguration.”
“Necessary and proportional” allows Monday Morning Quarterback types to review officer’s actions in the most narrow and punitive light including legislators, politicians and even some police executives who are overtly biased when it comes to issues of officer safety versus the intent of offenders to cause harm.
And if that wasn’t enough to prevent Maryland cops from doing their jobs, Maryland law states that officers who violate the use-of-force standard and cause serious injury or death can face up to ten-years in prison. Former Republican Governor Larry Hogan vetoed the legislation but was overridden by the Maryland General Assembly on April 10, 2021.
So Maryland police who are found to have violated that use-of-force standard as determined by police-hating bureaucrats and prosecutors can face spending a decade in prison. Understanding that lawfully doing their jobs could result in this; officers have shifted to avoidance of this personal liability.
These leftover policies resulting from the past anti-police defund the police, and overly restrictive consent decree craze of the recently waning era remain as inhibitors of the full return to law and order.
We must work to overcome past lunacy and allow “cops to be cops” in an environment of respect, protection, and appreciation for professionalism.
Joel E. Gordon, BLUE Magazine’s Editor-in-Chief, is a former Field Training Officer with the Baltimore City Police Department and is a past Chief of Police for the city of Kingwood, West Virginia. He has also served as vice-chair of a multi-jurisdictional regional narcotics task force. An award winning journalist, he is author of the book Still Seeking Justice: One Officer's Story and founded the Facebook group Police Authors Seeking Justice. Look him up at stillseekingjustice.com
