Monthly Archives: April 2010

Quote of the Day – Taken from “Government Brutality and Society’s Shadow”

This is an excerpt from a post from the blog Classical Liberal that was written in response to the post Doug wrote yesterday regarding the University of Maryland student police beating caught on tape.

As long as men and women in uniform (State-issued costumes) carry out these violent acts, we think it’s okay, because they’re “protecting us.” But the State gives a false sense of legitimacy to acts that if carried out under other circumstances, would be serial criminal activity.

The government doesn’t do this to us, however, because the truth of the matter, is that it’s merely a reflection of our collective shadow … when otherwise good men and women become agents of savage brutality … turning us all into sociopaths.

This is the price of identifying ourselves with the State.

Read the whole thing. It’s a sad commentary on just how far we as a people have allowed the state to carry out unjustified acts of violence in our name.

Flex Your Rights Presents: 10 Rules for Dealing with Police

The Bill of Rights provides citizens basic protections against unlawful searches and seizures via the Fourth Amendment, protections against self incrimination via the Fifth Amendment, and the right to an attorney via the Sixth Amendment. On a theoretical level, most people probably know this but what does this mean on a practical level?

If the police pull you over, are you required to answer the officer’s questions if he hasn’t informed you of your right to remain silent? What does “probable cause” and “reasonable suspicion” mean when a police officer wants to search your vehicle and do you have a right to refuse the search? Should you consent to the search if you know you have nothing to hide? If the police knock on your front door, are you legally required to let them in if they don’t have a warrant? Are the police legally required to tell the truth or can they make false promises or otherwise trick you into waiving your constitutionally protected civil rights?

If you are unsure about the answers to these questions, don’t feel bad; I wasn’t too sure myself. The 4 part video series 10 Rules for Dealing with Police from the group that calls itself Flex Your Rights answers these questions and more in terms a lay person like myself can easily understand. Some of the advice is common sense (see rules 1, 7, & 8 below) while others are more legal in nature.

Whether you are a “law abiding citizen” who almost never has an encounter with the police or a “cop magnet,” this advice not only could keep you from being in serious legal trouble but also keep you from being beaten, tazered, or shot (if you follow these rules and these things still happen, you have more legal recourse against offending officers).

If you don’t have time to watch these videos right away, here are the 10 Rules for Dealing with Police in brief:

1. Always be calm and cool. [Don’t give the police any reason to act aggressively; they do have a very dangerous job and if they feel threatened they are more likely to act aggressively].

2. You [always] have the right to remain silent. [The best way to assert this right, especially if the police insist on questioning you is by asserting your Sixth Amendment right to legal council and KEEP YOUR MOUTH SHUT until your lawyer advises you otherwise].

3. You have the right to refuse searches. [Assert this right by calmly and politely telling the police officer “I don’t consent to searches”].

4. Don’t get tricked. [Yes, the police can legally lie to you and trick you into waiving your civil rights].

5. Determine if you are free to go. [Ask the officer: “Are you detaining me or am I free to go?”].

6. Don’t expose yourself. [Don’t do anything that might appear suspicious in public].

7. Don’t run. [Running from the police is never a good idea].

8. Never touch a cop. [The simplest touch of a police officer can be considered assault; don’t do it].

9. Report misconduct: be a good witness.

10. You don’t have to let them in. [You do not have to let the police in your home unless they have a search warrant or there is an emergency which requires immediate action on their part. If you allow them to enter, anything they might find that could incriminate you can be used against you because you unwittingly waived your Fourth Amendment rights].

Here’s the series in its entirety (parts 2-4 are below the fold).

» Read more

Quote Of The Day

Call this one the “MSM Edition”:

The law promises that people can keep coverage they like, largely unchanged. For members of Congress and their aides, the federal employees health program offers much to like. But, the report says, the men and women who wrote the law may find that the guarantee of stability does not apply to them.

Now, like most of Congress, I haven’t read the 2000+ pages of the health care bill. But I’d think it a fair bet to say that the “promises” and “guarantee” that this journalist refer to come from Obama’s statements, not the text of the legislation. Of course, I’d love to be proven wrong, but I’m guessing that’s not going to happen.

There’s some schadenfreude to hear that Congress’ health plan might have been invalidated by a law that none of them have read. But when you’re getting screwed, it’s only a minor consolation to know that everyone else is getting screwed too.

Video Captures Campus Police Beating University Of Maryland Student

It’s always a raucous time on the University of Maryland campus in College Park, Maryland after a basketball game, especially after a game against the Terrapins long-time ACC rival Duke, and March 5th was no exception as about 28 students ended up getting arrested for rowdy behavior and public intoxication. In turns out, though, that it was U of Md campus police who really got out of control:

Prince George’s prosecutors have begun a criminal investigation of three county police officers who beat an unarmed University of Maryland student with their batons after a basketball game last month in an incident that was caught on video and surfaced publicly Monday, authorities said.

County police also ordered an internal affairs investigation of the three officers, Maj. Andy Ellis said. Ellis said the inquiry would also focus on a county officer who filed official charging documents that are contradicted by the video.

“The video shows the charging documents were nothing more than a cover, a fairy tale they made up to cover for the officers’ misconduct,” said Christopher A. Griffiths, a lawyer for the student. “The video shows gratuitous violence against a defenseless individual.”

Police Chief Roberto L. Hylton said that one of the three officers had been identified and that his police powers have been suspended during the investigation. The other two officers will also be suspended as soon as they are identified, Hylton said.

“I’m outraged and disappointed after viewing the video,” Hylton said. “That’s not the type of professional conduct we promote. Any employee who uses excessive force will be held accountable.”

(…)

The video shows McKenna on the sidewalk as he skips and throws his arms in the air. He stops about five feet from an officer on horseback, the video shows. In the video, McKenna’s arms appear to be in front of him, but he does not appear to touch the officer or the horse. His hands are empty.

McKenna backs up, then two county police riot officers rush toward him from the street, the video shows. The officers slam McKenna against a wall and beat him with their batons. McKenna crumples to the ground.

As McKenna falls, a third county police riot officer strikes his legs and torso with his baton. The video shows the officers striking an unresisting McKenna about the head, torso and legs — more than a dozen blows in all.

Because they are wearing riot gear, the officers who hit McKenna are not easily identifiable.

In the video, county police officers and officers on horseback from the Maryland-National Capital Park Police are seen nearby. They do not intervene in the incident with McKenna. The officers form a line and move toward the students who had been milling about, the video shows, and the students move back.

The video also shows that the charges that were brought against this group of students were nothing more than a charade meant to cover up what is clearly a case of police mis-conduct.

Watch for yourself:

Fortunately for these students, someone was nearby with a video camera to record what really happened. If not for that, they’d be the ones facing charges right now

Happy Birthday, Mr. Jefferson

America’s Third President was born 267 years ago today.

Since there isn’t anything to write about Jefferson that hasn’t already been said, it seems appropriate to let his words speak for themselves from the text of the two written documents that he was most proud of throughout his life.

First, from the Virginia Statute For Religious Freedom:

[Sec. 1] Whereas Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as it was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavouring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor, whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporary rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labours for the instruction of mankind; that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry; that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which in common with his fellow-citizens he has a natural right; that it tends only to corrupt the principles of that religion it is meant to encourage, by bribing with a monopoly of worldly honours and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them:

[Sec. 2] Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.

And secondly, of course, from the Declaration of Independence:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just Powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security

A perfect man ? No.

A man who saw where the future was going ? Yes, I think absolutely.

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