SB Now

Police detain tactic ripped
Rights violated, sergeant says
Robert Rogers, Staff Writer
Article Launched: 07/17/2008 10:59:07 PM PDT

SAN BERNARDINO - A police sergeant says a colleague has a practice of scooping people off the streets and detaining them without arresting them, charging them or booking them while probing for evidence to bring charges.
The exercise is even referred to by a special term, said Sgt. Mike Desrochers.

"It's called keeping them on ice," Desrochers said. "It's keeping a guy, with no phone calls, in the hopes you'll find something later. It's pretty clear that Fourth Amendment issues are in play."

It happened as recently as July 2 when a narcotics sergeant detained suspects for hours before securing a search warrant on a suspected drug dealer's home, Desrochers said.

But a search warrant had not yet been granted, said Desrochers, who added that he reported the incident to top brass. He said there are audio tapes of the conversations he had with Sgt. Brad Lawrence about detaining suspects.

A representative of the Southern California chapter of the American Civil Liberties Union said the organization was aware of and investigating the allegation that constitutional rights were abused.

"We are very concerned about these incidents and we are investigating," said ACLU spokeswoman Tessie Borden. "We are looking into this case, which is what we do prior to taking on any case."

Desrochers is a veteran officer and former detective who filed a harassment lawsuit against Police Chief Michael Billdt in 2006.

He said his complaints of improper detainment fell on deaf ears when he informed Assistant Chief Walt Goggin.
Reached by phone, Lawrence was mum.

"No comment, please don't call again," Lawrence said before hanging up.

Goggin is on vacation and could not be reached for comment.

Billdt said state law prohibits him from commenting on personnel issues.

When asked whether his administration permits the detaining practices Desrochers alleges, Billdt replied, "The department does not condone conduct that violates our departmental policies."

Asked whether his department would act to reassure the public that rights of individuals were protected, the chief said, "This Police Department always follows through on allegations of misconduct."

More than two weeks later, Lawrence remains on duty with apparently no reprimands, Desrochers said.

"This was just plain wrong," Desrochers said Wednesday when asked why he went public with an internal matter. "I said, `What are these two guys arrested for?' And I'm told they're not arrested, but they will be when the search warrant is served. It doesn't work that way."

According to Desrochers, the issue started when Lawrence stopped a car with two occupants. He called Desrochers to say he was detaining two men.

Desrochers said he asked why they were being arrested, to which Lawrence replied "nothing," and said the arrest would come when the warrant yielded evidence.

When Desrochers said there would be a problem if nothing was found during a home search, Lawrence replied, "We'll cross that bridge when we get to it," according to Desrochers.

While waiting for a judge to approve a search warrant, Lawrence transported two unidentified detainees to the police station and then later to Third Street and Mountain View Avenue, Desrochers said.

"We're going to wind up in federal court over doing this," he said.

Desrochers said he typed an e-mail to Goggin explaining the problem but never received a reply.

Drugs turned up in the house when the warrant was served, he said, and he assumes at least one man was arrested.

Desrochers' career turned rocky after Billdt became chief in late 2005.

Desrochers was removed from the homicide bureau two weeks after filing a grievance against a superior in June 2006.

He then sued Billdt and then-Assistant Chief Frank Mankin on June 28, 2006. The lawsuit remains pending.