Eric Holder Quotes

During the summer of 2012, one Ferguson police officer detained a 32-year-old African American man who had just finished playing basketball at a park. The officer approached while the man was sitting in his car and resting. The car’s windows appeared to be more heavily tinted than Ferguson’s code allowed, so the officer did have legitimate grounds to question him. But, with no apparent justification, the officer proceeded to accuse the man of being a pedophile. He prohibited the man from using his cell phone and ordered him out of his car for a pat-down search, even though he had no reason to suspect that the man was armed. And when the man objected – citing his constitutional rights – the police officer drew his service weapon, pointed it at the man’s head, and arrested him on eight different counts. The arrest caused the man to lose his job.

Many of these constitutional violations have become routine. For instance, even though it’s illegal for police officers to detain a person – even briefly – without reasonable suspicion, it’s become common practice for officers in Ferguson to stop pedestrians and request identification for no reason at all. And even in cases where police encounters start off as constitutionally defensible, we found that they frequently and rapidly escalate – and end up blatantly and unnecessarily crossing the line.

Over time, it’s clear that this culture of enforcement actions being disconnected from the public safety needs of the community – and often to the detriment of community residents – has given rise to a disturbing and unconstitutional pattern or practice. Our investigation showed that Ferguson police officers routinely violate the Fourth Amendment in stopping people without reasonable suspicion, arresting them without probable cause, and using unreasonable force against them. According to the Police Department’s own records, its officers frequently infringe on residents’ First Amendment rights. They interfere with the right to record police activities. And they make enforcement decisions based on the way individuals express themselves.

For example, in 2007, one woman received two parking tickets that – together – totaled $152. To date, she has paid $550 in fines and fees to the city of Ferguson. She’s been arrested twice for having unpaid tickets, and spent six days in jail. Yet she still – inexplicably – owes Ferguson $541. And her story is only one of dozens of similar accounts that our investigation uncovered.

As a result, it has become commonplace in Ferguson for officers to charge multiple violations for the same conduct. Three or four charges for a single stop is considered fairly routine. Some officers even compete to see who can issue the largest number of citations during a single stop – a total that, in at least one instance, rose as high as 14. And we’ve observed that even minor code violations can sometimes result in multiple arrests, jail time and payments that exceed the cost of the original ticket many times over.

As a result of this excessive reliance on ticketing, today, the city generates a significant amount of revenue from the enforcement of code provisions. Along with taxes and other revenue streams, in 2010, the city collected over $1.3 million in fines and fees collected by the court. For fiscal year 2015, Ferguson’s city budget anticipates fine revenues to exceed $3 million – more than double the total from just five years prior. Our review of the evidence, and our conversations with police officers, have shown that significant pressure is brought to bear on law enforcement personnel to deliver on these revenue increases. Once the system is primed for maximizing revenue – starting with fines and fine enforcement – the city relies on the police force to serve, essentially, as a collection agency for the municipal court rather than a law enforcement entity focused primarily on maintaining and promoting public safety. And a wide variety of tactics, including disciplinary measures, are used to ensure certain levels of ticketing by individual officers, regardless of public safety needs.

According to our investigation, this emphasis on revenue generation through policing has fostered unconstitutional practices – or practices that contribute to constitutional violations – at nearly every level of Ferguson’s law enforcement system. Ferguson police officers issued nearly 50 percent more citations in the last year than they did in 2010 – an increase that has not been driven, or even accompanied, by a rise in crime.

Of course, violence is never justified. But seen in this context – amid a highly toxic environment, defined by mistrust and resentment, stoked by years of bad feelings, and spurred by illegal and misguided practices – it is not difficult to imagine how a single tragic incident set off the city of Ferguson like a powder keg. In a sense, members of the community may not have been responding only to a single isolated confrontation, but also to a pervasive, corrosive, and deeply unfortunate lack of trust – attributable to numerous constitutional violations by their law enforcement officials including First Amendment abuses, unreasonable searches and seizures, and excessive and dangerous use of force; exacerbated by severely disproportionate use of these tactics against African Americans; and driven by overriding pressure from the city to use law enforcement not as a public service, but as a tool for raising revenue.

A community where local authorities consistently approached law enforcement not as a means for protecting public safety, but as a way to generate revenue. A community where both policing and municipal court practices were found to disproportionately harm African American residents. A community where this harm frequently appears to stem, at least in part, from racial bias – both implicit and explicit. And a community where all of these conditions, unlawful practices, and constitutional violations have not only severely undermined the public trust, eroded police legitimacy, and made local residents less safe – but created an intensely charged atmosphere where people feel under assault and under siege by those charged to serve and protect them.

As detailed in our searing report – also released by the Justice Department today – this investigation found a community that was deeply polarized; a community where deep distrust and hostility often characterized interactions between police and area residents.

A possible explanation for this discrepancy was uncovered during the course of our second federal investigation, conducted by the Civil Rights Division to determine whether Ferguson Police officials have engaged in a widespread pattern or practice of violations of the U.S. Constitution or federal law.

I recognize that the findings in our report may leave some to wonder how the department’s findings can differ so sharply from some of the initial, widely reported accounts of what transpired. I want to emphasize that the strength and integrity of America’s justice system has always rested on its ability to deliver impartial results in precisely these types of difficult circumstances – adhering strictly to the facts and the law, regardless of assumptions. Yet it remains not only valid – but essential – to question how such a strong alternative version of events was able to take hold so swiftly, and be accepted so readily.

This outcome is supported by the facts we have found – but I also know these findings may not be consistent with some people’s expectations. To all those who have closely followed this case, and who have engaged in the important national dialogue it has inspired, I urge you to read this report in full.

This conclusion represents the sound, considered, and independent judgment of the expert career prosecutors within the Department of Justice. I have been personally briefed on multiple occasions about these findings. I concur with the investigative team’s judgment and the determination about our inability to meet the required federal standard.

This morning, the Justice Department announced the conclusion of our investigation and released a comprehensive, 87-page report documenting our findings and conclusions that the facts do not support the filing of criminal charges against Officer Darren Wilson in this case. Michael Brown’s death, though a tragedy, did not involve prosecutable conduct on the part of Officer Wilson.