Jussie Smollett (Photo by Chicago Police Department via Getty Images)
Jussie Smollett was charged last week with falsely reporting a crime to police, subjecting him to both jail and a fine if convicted. The case made me wonder: how common is it for people to call 911 and report crimes that never happened?
Turns out there’s little data on the subject, but lots of reasons people might be tempted to do it.
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You see, it’s relatively easy to get people arrested. When a person dials 911, unless the allegation is so obviously false, police must investigate. In many states, even in medical situations, when 911 is called, police show up to make sure the medical situation is not the result of foul play.
Once on the scene, if police meet a complainant who seems reasonable and who recites the details of a crime, describing the person involved, all they need is the barest corroboration to arrest the person. For example, a person might have feuded with his or her partner. They then call 911 and claim they were pushed against a wall and suffered a concussion. No signs of injury, no corroboration. Police can and probably will arrest the person the complainant accused just because the complaint was made. That person will then be fingerprinted and his mug shot taken. He’ll then be placed in a cell while a prosecutor decides whether there’s enough information to bring the case to court.
Without direct evidence of innocence — such as an alibi, a video depicting something different than what the complainant said — or a complainant with his own criminal history, the case will likely go forward. The theory is that it’s better to err on the side of caution and arrest the suspect, than fail to arrest someone who goes on to do something worse.
Even an anonymous complainant can get someone arrested. A person can call 911 and claim to have seen a purse snatch. He describes a light-skinned Hispanic male wearing a grey hoodie and Nikes running down the street. Even without speaking further to the 911 caller, police then have probable cause to detain any Hispanic male in that vicinity wearing a grey hoodie and sneakers. Whether they hold him for long depends on what they find on him that corroborates the crime. But in the first instance, he’ll be stopped, brought to a precinct, and searched. If he’s carrying anything illegal, say cocaine, he can be arrested for that even though it had nothing to do with the alleged crime for which he was stopped.
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Motivations for making up crimes are many. Someone in the midst of a divorce may try to make the ex-partner look bad. (Child abuse is generally the crime du jour here.) A man tired of his neighbor’s dog might say the neighbor threatened him with a gun. A high school student unprepared for an exam could call in a bomb threat, or a person feeling powerless could call 911 making up an emergency just for the rush of bringing police to the scene en masse.
False reporting, though, is dangerous. It takes police away from crimes that really do need addressing. They can ruin the falsely accused person’s reputation, cause him to lose his job, and cost time and money for a lawyer. That’s why false accusations are crimes in and of themselves.
Smollett’s alleged made-up crime is an odd one. The “hate crime” read a little too pat — noose around his neck, shouts of the N-word from guys wearing “MAGA” hats. Plus, asking two Nigerian brothers (both black) to stage it, made no sense. Why didn’t he ask two white guys to pull it off if he intended for it to be corroborated by video, as reports say?
What was his motive? Allegedly the “Empire” actor was looking for higher pay. Well, he didn’t get that, but he did get his name in the spotlight, although not in the way he was hoping.
Hate crimes are reportedly on the rise in Trump’s America and reporting crimes that may never have happened makes it that much easier for people with real claims not to be believed. This may be the worst danger of all.
Toni Messina has tried over 100 cases and has been practicing criminal law and immigration since 1990. You can follow her on Twitter: @tonitamess.