THE PROBLEM WITH POLICE
and what to do about it
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| Swat at the Baltimore Riots 2015 |
More often than not, as a child and teen, I experienced it the opposite way around. In third grade I tripped a kid at the bus stop who asked me to so he could slide along some ice. I did, and he got a bloody nose. The next day the police came to the bus stop, put me in handcuffs in front of everyone (I was 10 years old) and placed me in the back of the squad car. They then took me down to the police station to wait for my parents.
The next thing I remember with police is walking home from school to see two squad cars sitting outside of the trailer that we lived in. My mom was wearing a white sweater and blue jeans as the police officers told her that they were taking us into protective custody until CPS determined that our home was safe for children again, which apparently was a few days later. I have received traffic tickets without ever having been pulled over, and once an officer pulled me over when I was doing nothing. It was an unmarked car and he just "ran my plates" and then said I was free to go?
I have known police officers to be very involved when you don't need it, but then when I need someone, they haven't been there.
There was a time when our trailer was being rattled violently in the night. My oldest brother called the police, and nobody sent anyone. The next morning, we woke up to news crews because the man who went around pounding on doors had committed a murder about a block and a half away after he was banging our door in.
That said, I am obviously biased a little bit on this side, so please understand that when I get to this point, it is a little slanted, but I will try to remain impartial.
Our country is currently at a point where it seems very obvious that the police have gotten out of control. The riots in Baltimore, Trayvon Martin, riots in Ferguson; they are all an indicator of a bigger problem.
The problem, in my opinion, can be looked at in very controlled segments:
1. Police officers, while their safety is very important, feel that they can use that as an excuse to do whatever they wish.
In most of the cases where a police officer is "reprimanding" or "containing" a "suspect" the common defense is that they were taking the necessary actions to make sure they were safe. Let's look at some of the evidence:
http://www.wgal.com/news/video-footage-of-baltimore-riots/32602682
https://www.youtube.com/watch?v=GO1SKC6dK7o
http://photographyisnotacrime.com/2015/05/citizens-out-undercover-cops-infiltrating-anti-police-brutality-protest-in-wisconsin/
http://www.pennlive.com/midstate/index.ssf/2015/05/5_pa_state_troopers_battling_p.html
It's pretty obvious to me that there are several cases where the police seem to use excessive force to make sure they are safe. Sneaking into an anti-police brutality campaign as police officers is already a dead giveaway as to how far they will go. Given that there are forces with canisters of gas that can suppress a mob, it seems highly unlikely to me that anyone would need to beat someone in the head as in the last link here. POLICE OFFICERS ARE OVERCOMPENSATING FOR THEIR OWN SAFETY
2. Citizens are terribly under-informed about what their rights are and what to do to ensure they are given their rights.
If you are stopped by a police officer, it is YOUR RIGHT to know the reason. It is also YOUR RIGHT to remain silent. It is YOUR RIGHT to know if you are being detained, under arrest, or neither. It is YOUR RIGHT to have a lawyer present. It is YOUR RIGHT to not consent to a search. It is YOUR RIGHT to have recorded any PUBLIC interaction with a police officer. The trick is that many times police officers use different or deceptive language. To clear this up, here are some tips:
To ensure YOUR RIGHT to know why you were stopped, ask: "What seems to be the problem officer?" - asking it this way is letting the officer know that you don't believe there to be a problem, but that you are willing and want to hear about what the officer believes the problem to be.
To ensure YOUR RIGHT to remain silent, say, "I am respectfully and peacefully invoking my right to remain silent." - You need to ensure that you have the right, but you also want to make sure you don't set off any ideas that you are disrespectful or not willing to comply with their safety needs.
To Ensure YOUR RIGHT to know if you are being detained, under arrest, or neither, ask: "Am I being detained or arrested, or am I free to go?" -You want to ask this question with all three options, because if you only ask if you are free to go and you are told no, then you also have the right to know if you are being detained or arrested. There is a big difference.
To ensure YOUR RIGHT to your lawyer, say: "I am happy to speak as soon as I have my lawyer present." - You don't need to say anything more to ensure this right. It's afforded in the constitution.
To ensure YOUR RIGHT to not be searched, you need to be observant. Occasionally searches may begin without you being asked. If you notice a search is starting or if you are asked you reply, "I do not consent to any kind of search without warrant." -Police can get a search warrant from a judge, but you are not required to allow them to search whenever they want.
To ensure YOUR RIGHT to have a recorded conversation with a police officer, begin recording the minute you begin your interaction with the officer. Announce publicly, "I am recording this interaction with audio." If the officer asks you to stop recording, you should ask, "is there an active investigation?" - without an investigation to interfere with, you are allowed to record in a public space. If there is an active investigation and he asks you to stop, simply ask if you are free to go.
Knowing your rights is half of the battle. A police officer cannot tell you to stop recording in a public space unless it interferes with an investigation.
http://www.aclupa.org/issues/policepractices/your-right-record-and-observe-police/taking-photos-video-and-audio/
3. Many times when something is happening that is unfair to a citizen their immediate family or friends are unaware of their locations.
One of the easiest ways to ensure that you have people aware of you, is to consent to an interview. When you do this, you have the right to set the terms of the interview with the police, including the location of the interview, parties present, which questions to answer, and you can cancel at any time.
Your strategy here would be to consent to an interview at that location, just as soon as your family arrives. You then contact the family and have them come to your location so there are witnesses. Then, when the interview begins, invoke your right to your lawyer. This way, you will have family aware of your location, you will not be relocated with a "rough ride" from the police, and you will not have to say anything until your lawyer arrives.
SYNOPSIS
While there are certainly a lot of racially charged problems in this topic, the main issue I see is a lack of information and the police being to fearful. It was once said, "the most dangerous person to hold a gun is a person who is afraid." In this time and age, I understand that there are a lot of risks to the police. I have seen the videos where police are killed for no good reason because of armed criminals and not taking safety measures.
It's becoming more and more obvious that the training for the police incites fear for them, which then makes them the most dangerous kind of gun holder. We have seen these actions time and again in the media.
I, for one, am really tired of feeling on the opposite end of the police. I am tired of the notion that their safety for some reason trumps mine, and moreover their concern about their safety outranks my actual safety.
Enough is enough. Know your rights. Take a stand.
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