Brian talks to FOP Pres Ken Kober - podcast episode cover

Brian talks to FOP Pres Ken Kober

Aug 07, 202419 min
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Speaker 1

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Speaker 2

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Speaker 1

Six point thirty f fifty five KRC the talk station. Well, I'd say happy Wednesday, but I don't feel like saying happy Wednesday. I woke all actually yesterday I got a text message from my little bird friend Westside Jim Keefer, the FOP, the Fraternal Order Police Chapter sixty nine represented the SINCINNTI Police Department have endorsed Greg Landsman and Denise Treehouse. Made my jaw drop open. I'm gonna go and there's

no way I'm being lied to. FOP President Ken Kobra, Welcome to the Morning show and a very happy Wednesday to you. What in the wide wide world of sports is it going on here, my friend?

Speaker 3

Good morning, Brian. Yes, it's been an interested in twenty four hours to say the least. So when they do these endorsements, yeah, this committee has made up of a diverse group of people from active retired officers, different political feelings.

Their job and what they're charged with is to decide who to endorse based off of what best furthers the mission of the FOP, not necessarily their personal feelings, but what have these candidates, what have they done for the FOP or what have they said that they're willing to do?

And Greg Landsman's case, we all know you during twenty twenty, he certainly came out and was no front of the police right since he's been elected, Since he's been elected, he has brought back, most recently one point seven million dollars to upgrade the camera system for Cincinnati for the downtown area. Greg Lansman signed on to every bill that the FOP has asked him to in a national platform.

Speaker 1

Is that federal dollars that you're referring to? Yes, okay, okay, So he had to bring federal dollars in to fix a problem the city of Cincinnati is responsible for, and that's maintaining its own stuff and things. Am I right on that particular point?

Speaker 3

Yeah?

Speaker 1

Okay, okay, be correct. Okay, So I my tax dollars paid for the money that he brought back because we are neglecting the store here in the city. Correct, Okay, go ahead, I'm sorry. I just want to make sure all was clear.

Speaker 3

On that, right. So, and this is what I encourage everybody to do. And I was at a meeting last night this was brought up, and I said the same thing. When we do these endorsements, they said, these endorsements are who we believe best works with the FOP, not necessarily us personally. What I encourage everybody to do, anyway, is completely vet these candidates, you know, just because they have an FOP endorsement. They may not be the candidate for you.

They may not be the candidate for some FOP members, and that's fine. The problem that we have in this country is that people are not fully vetting the candidates that they're voting for, whether it's their party line voting, or they're just saying, look, the FOP endorses them, I'm going to vote for them, or you know, the IFF or the fl c IO, I'm just going to vote for him because that's who they're endorsed by.

Speaker 1

Yeah, the presumption is everybody the presumption I think, yes, Cannon, I'm sorry interrupt, but that the endorsements suggest that the candidate that received the endorsement is tough or strong on law enforcement and tough on crime. It's the job of the police department to arrest bad people, lock him up, and let the prosecutor do her job here in the Hamilton County. And that's why I at some point we need to pivot over to why in the hell do

they endorse dree House over Hamilt County. Melissa prosecuted Melissa Powers, who is very tough on crime.

Speaker 3

Then Melissa Powers was endorsed.

Speaker 1

You did endorse Melissa powers.

Speaker 3

Absolutely.

Speaker 1

Okay, great, great, Okay, I'm sorry I misspoke, but an East Tree House Camp County commissioner, right right.

Speaker 3

I'll be honest with you, and I'm not on this committee, even though obviously being the president. But that one, I have no idea that was out of the head.

Speaker 1

You can't point to you can't point to a paycheck or a money that got infused into the sins Anty Police apartment through Denise street House. So you just it's a mystery endorsement. Appreciate your candor.

Speaker 3

On that one. Yeah, that one, that one to me, Like I said, I I have I don't know why she was endorsed. I knew, I do know she was the only county commissioner that showed up for the endorsement process. But as far as why she was endorsed, that's something I haven't I haven't talked to the committee about why. But you know, getting back to real quick, the law and order people. You look at all of the people that were h endorsed for judges, those are all people

that you're absolutely right, are tough on law. They're tough on crime, law and order, which is exactly what we look for in judges when we endorse them. When we look at politicians, it's more about what is the mission of the FOP as far as collective bargaining, you know, bills that they've signed off on, you know previously, things like that for incumbents.

Speaker 2

But I I get it.

Speaker 3

I mean, it's said, it's been a rough twenty four hours. A lot of people are very passionate about politics, which is fantastic. But what I encourages everybody to be actually informed about what's going on with politics.

Speaker 1

God, I wish more people were informed. That's like a dream of mine. Can that people paid attention to politics, what they're what they're elected officials stood for, what they're doing for us, you know, or not at real time. You know, weed dwellers like me who just spend their time in immersed in politics all the time. I think of more people immerse themselves in politics in a regular basis, we'd all have much better elected officials. Sadly, we don't live in that world.

Speaker 3

Oh you're you're absolutely right. I wish I wish the same. That's why I encourage everybody listen, please please fully vet all of these people and make sure that they are the best candidate for you. They're the ones that are gonna best. They're gonna make your life the best. And you know, whatever part of the city or county you live in.

Speaker 1

Jeez, can what can I hold you over and ask you about this? I saw you got interviewed by Channel nineteen regarding testing for marijuana with a new detection tool. Yeah, great, because weed is now legal in the state of Ohio. I'm kind of get your reaction to that, what issues you might be facing along those lines since we've had

medical in the state now for some time. But the detection tool is what I'm really worried about, are concerned about given the current status of Ohio law, which sucks in terms of whether you're not you're really truly impaired or not. But hold on more with FLP President Kan Kober has been kind enough to join the program again, which I truly appreciate. Six thirty seven right now, if I have care see the talk station and something else. I will recommend strongly if you got plumbing issues in

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The number is five one three, seven, two seven, tight five one three seven, two seven, eighty four eighty three, fifty five KRC dot com Fine and coming up at from the top of the ORO News the return of Brianna Morello would be Brionna Morello podcast. Who in the

hell is Tim Watas? In the meantime, I know who came Cober is the president of the FOP Chapter sixty nine represent the Sinnt Police Department, And they just came out with their endorsements, and real quick here before we pivot over to the marijuana testing, why no sheriff endorsement?

Speaker 3

So the bottom line is, if that committee does not reach a fifty one percent threshold, then they don't endorse anybody. I know that there was a lot of discussion that was had about who they wanted to endorse and whether they were going to endorse anybody. In the bottom line is they couldn't come to an agreement, so we endorse nobody.

Speaker 1

I find that a little troubling in and of itself. Anyhow, I can see politically speaking, if you don't endorse the current sheriff and the current sheriff remains in office, that it might rub people the wrong way, and it might hurt the relationship between the sincint Police Department and the Hamilt County Sheriff's Department. I'd like to think cooler heads

would prevail in the name of protecting the community. But we'll just let that one lie there again and your answer on that one, Ken, hate to put you in a corner, but that's the reality of where we stand right now. Moving over to marijuana. It's legal in Ohio. Standing around the corner waiting to buy it, Ken, I guess everybody's really happy about legalized weed. But you can't get high and drive. But detecting people who are high behind the wheel is a lot more difficult than it

is for people who are drunk. You got a breathalyzer. It tests the actual alcohol volume. And to my litigation friends out there who do defenses of OBI, I know all the problems associated with the breathalyzer test. Don't get me going, but it does provide in most cases an accurate level of alcohol. Under Ohio law, if you are over point zero eight percent, you are considered legally drunk. Whether or not you can walk a straight line or not,

you're considered impaired. What about weed, it's virtually impossible to detect for weed unless you're staggering all over the place with the sort of a field sobriety test. But that doesn't always work, does it.

Speaker 3

No, it certainly doesn't. You With the two testing that they have, you know, it becomes a lot less intrusive. You know, if you have somebody that you believes under the influence of you know, whether it's a recreational drug or a prescription drug, you really only have two options to determine whether or not they're impaired under what the state law says as a per se level, and the only way to do that is take them to the hospital and get their blood or ask them to pie

in a cup, you know. So what the state representatives they're trying to do is give us a third option, which is basically a mouth swab that then they can send off to a lab and within twenty four hours they'll have the results. And it's not just the results of the metabolite. Under this testing system that's used I think in twenty four states currently Michigan being the closest one to us, this will actually give you the amount of the parent gene of what is in that person's system at.

Speaker 1

That time the actual THHC level.

Speaker 3

Yes, so they do it tests for other drugs, not just marijuana.

Speaker 1

Okay, Now during that twenty four hour period, because one of my listeners asked, well, what do they do they take your car away from you? Well, I mean, are you what's the status while that test that you're waiting around for it to come back. What does the police officer do with the person whose mouth they swabbed.

Speaker 3

Well, in order to be able to test somebody for you know, whether it's whether it's a urine test, a breath test, a blood test, they have to already be under arrest. So under under the law for ov I, there is an A one A section which is the officers observations and their experience and their training says that you are too impaired to be driving, so you're already going to be arrested. And then what the test does is it confirms what the officers suspicions are now having done.

Ov i's a long long time ago. In my career, we have had instances, and I've had them myself where you'll have someone who is not a quote unquote experienced drinker who could be falling down drunk throwing up all over themselves trying to drive a car and do field tests. They can't stand straight, they can't walk straight, and then you go in and you test them and they're under the legal limits. That. Yeah, does that mean that they're not impaired to be driving, Well, absolutely not. All it

says is they're under the per se level. And you, I mean, officers routinely get convictions still without them being over what the per se level is.

Speaker 1

Right, And unfortunately, now all this is documented on video. You've got video camera evidence confirming what the officers observe. I'm comfortable with that, but it's essentially a probable cause level. There has to be some evidence of impairment before they can haul you in and get you a blood test or urine test or alternatively in this case, there has to be probable cause that they can even swab you or get a urine test from you. Right, you have to demonstrably be demonstrably impaired.

Speaker 3

Sure. Yeah, it's not like you just swab them and go, hey, we'll call.

Speaker 1

You in exactly, okay, And I think that's a legitimate concern among the members of the community, like, well, what are they You're just gonna around swabbing everybody they pull over. No, you have been pulled over for an offence weaving or a wreck or whatever the case may be. That's the predicate to determine whether you're impaired. And then if you are determined to be impaired on the scene based upon observations, then the follow up takes place. I appreciate that absolutely well.

You know the state of Ohian, you probably know all about this ken having done it so often. Currently they do a blood test for this. But if you smoked a joint two weeks ago, or sometimes even a month ago, the broken down version of THHG that is in your body, it shows that you've smoked weed, but it does not mean you are impaired. Nonetheless, in the law in the state of Ohio, the law says you can still be convicted of OBI just because it's floating around in your body.

I mean, I just find that to be absolutely outrageous.

Speaker 3

Now, I completely agree with you. They're gonna have to find out a way that they can test for at that moment, YO, are they impaired? Because you're absolutely right, you know, you could have somebody who clearly is not impaired that under the per se level currently would be considered impaired under the law, and that to me, you're

absolutely right. Is it's absurd that that's where we're at. However, you also have to factor in, you know, if a policeman stops you and you smoked a joint two weeks ago, if you're not showing any signs of impairment, the likelihood of an officer getting you out of the car and going, hey, I need you to pee in this cup because I think you smoke weed two weeks ago.

Speaker 2

It's just not.

Speaker 1

Gonna happen, Okay, but it.

Speaker 3

Could, But you're absolutely right, it could.

Speaker 1

Well it could. Let's just say you are an idiot who goes around smoking weed in your car all the time. Your car has an odor inherent to the the regular smoking of weed in the car, but you're not impaired. If the office sticks his head in your window, he's gonna smell weed in there. That would provide a foundation to do the swab, wouldn't it.

Speaker 3

If they if they've developed probabill cause to be able to rescue for ov I, they could do to swap. Now, this is one the one time where I'll tell you that it could come up without even showing a sign of impairment. Would be routinely with serious and fatal crashes, are trafficking, it comes out because someone's been killed in an action, right, or they're critically injured. It's not uncommon

for them to ask for voluntary samples. Yo. So you could be in your in you know, thinking you know, I'm I'm the victim of this crash, or I'm not at fault for this. You know I have nothing to hide. Yeah, I'm gonna give a voluntary sample because I know I didn't do anything wrong, right, And then all of a sudden they realize, ooh, I smoked weed a couple of weeks ago. So that's where this could potentially come into.

Speaker 1

Play, right, which I think probably your ov I lawyers who specialize in this, would recommend you not voluntarily do that if you have smoke weed in the at least somewhat recent past, probably not a good idea. I tell you what, Ken, it has been great having you on the show today, answering these questions and uh well satisfying our curiosity. Anyway. I appreciate your willingness to do so on short notice, and I thank you for all that

you do. And we all, in spite of maybe one of the one or two of the endorsements, we all truly fully support the Cincinnati to the Police Department and law enforcement here on the fifty five Cares in the morning show. So God bless you, my friend. Keep up the good work and best of health.

Speaker 3

All right, thanks Brian, thanks for having me.

Speaker 1

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