Terry Beachler is danged if he does and danged if he doesn’t.
After his business, Beachler’s Servicecenter at the corner of University and War Memorial Drive was cited and paid a hefty fine twice for selling cigarettes to minors, Terry initiated a new policy:
If an under age person attempts to make a tobacco purchase, we ask for the i.d. If the i.d. indicates that the person is under age, our employees are instructed to place the i.d. in our drop safe. Employees have no access to the drop safe. The next morning we call the police, and if appropriate, the parents to take further action. As we have good evidence, we felt that it is not necessary to call police immediately. We use the drop safe so that a person will not return and try to obtain the i.d. This provides protection for our employee.
It seems to me that this is just the kind of policy that the police would want retailers to have. By confiscating the ID and holding it to the next day, the perpetrator can’t just hit up the next gas station for cigarettes and the next one after that until he finds one that will sell cancer sticks to him.
But in this case, the police — who have already ticketed his business twice for violating this law — were not happy when he followed the law either. Here’s Terry’s account of the incident (emphasis mine):
On March 26, 2007 an under age person made an attempt to illegally purchase a pack of cigarettes. The cashier on duty was given the i.d upon request. Upon examination it was determined that the person was under age and the i.d. was dropped in the safe. The person left. A very short time later a person entered belligerently demanding the i.d. back. A badge was flashed.
I received a call from the cashier on duty indicating that there had been a sting operation and they wanted the i.d. back. I suggested that they return in the morning and I would provide the i.d and left the phone call. Shortly after, I received a second call indicating that the employee would be arrested for theft if the i.d. was not returned. I was near Mossville and returned to the business, about a twenty minute ride. Upon arrival, I turned my digital recorder on. I noted an SUV idling at the south end of our building with a person inside. I recorded the license number and entered the building through the back door. I asked the cashier on duty who needed help. He pointed me to a person outside with big muscles, a buzz haircut and an old shirt. I asked how I could help. The person demanded the i.d. back. I invited him to the office and asked for i.d. He presented a business card. I asked to see a badge which he flashed. I asked again to take a closer look at the badge and established that he was a police officer. He was demanding and argumentative. I went to the drop safe. I seldom open the safe as certain employees do the cash handling procedures. I worked with the combination and the safe was opened after a 2 minute time delay. Occasionally a customer will leave a credit card here or a driver’s license after an i.d. check for check cashing or age verification. Employees are required to drop the item which was left in the safe. We then contact the customer. I found an i.d. in the safe and was examining it to be sure it was the correct i.d. and to determine the age of the person presenting the i.d. The officer made an attempt to grab the i.d from my hand. I reacted to the sudden move and did not release the i.d. At that time he announced that I was under arrest. I was handcuffed and taken to the county jail and released a couple of hours later.
Here’s the digital recording of the incident:
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What are we to make of this? In my opinion, I think the officer should have waited until the next day to get the I.D. back. If the police want to do a sting operation, that’s fine. But when a business follows the law — which I assume is the outcome the police are wanting — the least the police can do is cooperate with the business’s policies and not drag a business owner in at the officer’s convenience and then arrest the business owner because he was perturbed at being ordered to come in and return an I.D. like he was doing something criminal.
Now, I’m not out to bash the police here. I want them to be out there patrolling our neighborhoods and fighting crime, and stopping underage sales of cigarettes and alcohol is a legitimate police action. But when they find that a business is cracking down on this kind of crime like they’re supposed to, it’s not right for the police to inconvenience the store owner just because the employees didn’t fall for the sting. They should rather applaud the business and hold them up as an example.
In another case of “danged if you do, danged if you don’t,” Beachler’s recording of the confrontation is actually illegal in Illinois. Illinois law prohibits recording a conversation — even in person — without the consent of all parties involved. Naturally, that law doesn’t apply to the police. So if the tables had been reversed and Terry were the one being belligerent and the officer was secretly recording it, that would have been okay.
In the end, all charges were dropped. But, as Terry pointed out, “Ultimately, valuable police resources [were] squandered” on this incident. If the police want business owners to cooperate with the police, the police need to cooperate with the business owners, especially when their only “crime” is following the law.
If you go to the Peoria crime statistics, I think that there needs to be a shift in the enforcement priority. http://www.peoriapd.com/2006stats.pdf
Is it not leagal to confiscate bogus credit cards and you are instructed to do so. What makes a fake ID any different. I do believe in my time when you were caught with false ID they were taken no questions asked. I know Terry Beachler. Some might say he is a little arrogate. He was called back to work,a 20 minute drive, Taking precious free time from his family for an employee doing the right and LEGAL thing and to an irrate officer angry because he couldn’t catch him breaking the law. You say he was fined twice before? Looks like he has implemented policies to prevent it from reoccuring. You mentioned the officer might know Terry. Is Beachlers being targeted and Officer Jordan just plain angry that he was the one busted? Seems to me, like him or not, you are punishing Terry for doing what you have asked him to do,not sell cigarets to a minor. He would also go to jail himself before he would let the threatening officer take his employee to jail. Nice job Beachler!
The police attempted to create a crime, they failed. There was no crime being investigated so how could he hamper an investigation? They tried and failed to coerce a cashier into commiting a crime, when that backfired they got angry and arrested a law abiding citizen for not breaking the law and delaying them in attempting to get other law abiding citizens to break the law. Meanwhile how many laws in the city were being broken by actual criminals?
[...] Phil Luciano reports today that he’s seen the surveillance video of the Terry Beachler incident from March 26, and it’s not pretty. The tape shows the youth’s attempt to buy the smokes, and the clerk’s dumping of the ID into the safe. Two minutes later, Jordan – dressed in plainclothes – bursts through the front door, steps to the cash register and flashes a badge at the clerk – fast enough that the clerk might not have seen it well. [...]
The cop was wrong. He overreacted. He could have calmly handled things, but he did not. No matter what Beachler’s policy was, as a business owner and a citizen he also has a duty to see to it that the law is not broken. He also can not do anything, but he was doing something. The police officer was overboard here in his response and does owe Beachler an apology.
[...] Terry Beachler has a tentative court date of May 1 stemming from his arrest for obstructing an officer. No charges were formally filed in the March 26 incident, and the whole incident would likely have been forgotten if it hadn’t garnered such a strong public reaction. Now, the possibility exists that charges could be filed after all. [...]
When I was a kid – I wanted to grow up to be a Police officer because they get cats out of trees and help people. After reading all the blogs and listening to the audio tape made at Beechler’s station – I’m glad I chose another profession. It’s still my expectation that Policemen act professionally regardless of their interpretation of the events surrounding their activities. That’s why they have training – to be objective and forceful when required. The threats made to the station clerk were anything but objective and professional. Yes, policemen have a gun and handcuffs but their training identifies these resources to be a last resort rather than tools to bully citizens upon initial contact. Is there really anybody out there in this cyber-world that believes Jordan was professional and acted in the best interests of the Peoria community in threatening a gas station clerk with arrest for following station policies (during his initial greeting)?
GO B. WILSON, GO BEACHLER AND OTHER GREAT AMERICANS!
OK, so the ID was the kids real ID, why not call the police imediately and when they come in to claim the kid would it be wrong to laugh at them?
Also, I think Terry is a thinker and an innovator, maybe all gas stations should use this policy, what harm could be done? The parents should be raising their kids not defending their rights to be a brat.
I can’t stand the idea that Jordan was threatening the worker with arrest. That guy wants to keep his low-paying job and you got to threaten the guy for doing what he is told when you have the owner right there – weak.
You know Dave, what really pisses me off is that this cop has the power to haul someone off to jail and make them suffer the indignities, hassle and expense just because the cop can’t control his temper. This was definately not a situation where anyone should have been hauled off to jail…even if you’re braindead and interpret the recording in Jordan’s favor.
What would have happened to a Joe Schmuck who didn’t have the popularity of a Terry Beachler?
There’s a lot of good cops out there, but, unfortunately, some of them are more concerned about the size of their arms rather than the breadth of their intellect.
B. Wil
I was a federal agent, and the police do have the power. As you can imagine, the officer was not punished for false arrest.
The problem here is the low quality of the individuals who become police officers. Many look upon police work as the cumulation of their body building work, not a basis for further intellectual development or understanding of the public need. Oh, some do, but it is not the majority by any stretch of the imagination.
In federal law enforcement, we are usually required to have a law degree. Police work will never be so intellectual, and the problems of muscled, buzz cut nasty attitude ruffians will prevail until we the public make a uniform cry of dissent.
We need to do that. Especially in the New Orleans PD. We have chased them for years. Give us help!
re: pjstar article:
quote: There is no law under the Illinois Vehicle Code that authorizes a civilian to confiscate a driver’s license or ID card, which are owned by the state, said secretary of state spokeswoman Penelope Campbell.
translation: There is no law under the Illinois Vehicle Code that prohibits a civilian from confiscating a driver’s license or ID card, which are owned by the state.
I know that police are needed but it seems every day police get more and more like the Gestapo in the 40′s. They need to remember who pays them and act accordingly. Not turning their backs but at least showing respect until given a good reason not to.
Sorry: “Gestapo” is waaaay out of line here. I suppose we can invoke Godwin’s Law and close this thread.
I second that, Billy. Godwin’s Law has in fact been invoked. Discussion over.
Not this time. I know Mike Godwin. Mike Godwin is a friend of mine.
Senator, you’re no Mike Godwin. : )
Dare I go into a rant but many Americans are hypocrites. They outlaw drinking and smoking under a certain age, but then let Wal Mart import goods from China made with slave labor.
Don’t even get me started on a 21 drinking age. You can die at 18 in the military, but you can’t drink until 21. You can pilot a friggin’ tank, but you are not responsible enough to drink or choose to smoke?
The root of the problem is not this cop, it is American law. Everytime we have a problem, or a disease, or an accident or a death, we write a new law to “fix” things. Guess what, freedom is about being free to fuck up.
Further, if kids were around alcohol like they are in Europe, they would be less likely to abuse it.
Smoking on the other hand, should be illegal period, because it kills. Pot should not be illegal for it does not kill.
I could go on about how skewed American, especially Midwestern perceptions are, but I will stop here. In a few generations, especially post-internet, things will change radically in America, for the better. We’ll essentially become Europe and Europe will be places that will blow our minds, socially speaking.
Thanks for deleting my P3. Pro/Police/Post. I didn’y want it on the same page with Joe and his F word post.
Mouse Potato: What? I didn’t delete any comments. I checked my Akismet filter and didn’t see anything from you in that either.
OOPs.
Thought you had deleted one of my remarks. You did not.
Just had a senior moment.