Know Your Rights
Before going out this New Year’s Eve, check out this infographic. The cops will be out; be sure you know your rights.
(Click to enlarge)
Source: Online-Paralegal-Programs.com
Happy New Year!
Category Archives: Police Watch
An Open Letter To Supporters of Ismaaiyl Brinsley
To Whom It May Concern:
Yesterday afternoon, two NYPD officers, Wenjian Liu and Rafael Ramos, were shot at point-blank range by a man named Ismaaiyl Brinsley, who also shot his girlfriend earlier in the day in Baltimore. Statements made online by Brinsley indicated that he was killing cops as retribution for what happened to Eric Garner, but reports are also coming out that he had issues for a very long time. The reactions to this shooting are predictable, especially from the right. An NYPD police union even declared war on its citizens.
We expect this. I’m going to talk now to those of you celebrating the shooting.
Before I begin this letter properly, I need to let you know: I’m a card-carrying member of the American Civil Liberties Union and a donor to the Innocence Project. When protests over Trayvon Martin’s death happened, I stood beside people – as one of only a few white people in the crowd – and protested in Bridgeport, CT. I tolerated Ernie Newton and the Nation of Islam while holding hands with my friends and singing We Will Overcome. I get it. Police brutality is a legitimate issue, it’s one that any honest person will admit affects black people disproportionately, and it must be challenged and ultimately changed.
So believe me when I say: you’re screwing this up. At best you’re burning any currency that’s been built up since the acquittal of Daniel Pantaleo; you’re only going to get more people hurt, or worse.
I’m going to belabor two main points:
1) Speaking solely from a tactical perspective: we – by we, I mean protesters, supporters and others who decry police brutality – are in a position of weakness. It needs to be understood that a lot of people – I don’t have recent polls I trust, but I’m comfortable in calling this a majority – are perfectly fine with police officers using whatever means they have to control “other” people. To them, anything that threatens their sense of security of stability is open game. Remember: when the NYPD was spying on Muslims, most citizens approved of it; it didn’t affect them, if they didn’t have anything to hide, vague reference to 9/11, etcetera. These people are taught that the police are infallible. Yes, we know that there’s plenty of evidence to the contrary, but this is about optics. Simply put, we have to convert a lot of people, and rooting for murder is a poor way of going about that. Remember: everyone talks about Martin Luther King Jr., and it wasn’t because of his comments on rioting. Meanwhile, Huey Newton and Fred Hampton are footnotes.
2) None of what I said above takes into account humanity. The accusations people are making about the police is that they don’t hold into account the lives of those they “serve and protect”, particularly those of minorities. Statistics honestly bear all of this news out. But when you sit there and cheer for the deaths of two officers, with families that just lost someone before Christmas, take a look in the mirror and ask yourself what you have become. If you think so low of the police force or anyone in an uniform that you consider them monsters, do you really want to drag yourself to that level? Listen: I know people who are cops, or want to be cops, that I don’t trust with an ice cream cone, let alone a gun. The system needs reform. But when you cheer a senseless murder from an obviously deranged individual, you’re no better than the police. I’d argue you’re far worse, honestly.
I’m sure there will be a chorus of “you don’t get it!” from people saying a white man on a site that prominently uses the Gadsden Flag can’t speak for how to approach the police. I’d argue it’s my position as a suburban white man that gives me a perspective of the people you’re going to have to convert to get real, honest reform, and not just a temporary burst of energy that burns off just as quickly. Trust me: I hold no love for the ignorant white doofus who thinks racism ended on July 2nd of 1964, complains bitterly that life isn’t what it was like in 1986 for some reason he can’t articulate, and doesn’t understand our political system beyond hating Obama. But he has to be converted, or at least made to understand a new normal.
What is happening now is turning off that person. The more of those people that get turned off, the harsher the reaction can be from the NYPD and other police departments across the country. More death, more injury, more protests, more spinning of our tires. If we want true reform, and with it true equality regardless of race, then it’s critically important that we forcefully denounce Ismaaiyl Brinsley, denounce anyone who supports his actions, and keep working towards a better future for everyone.
Sincerely,
Chris Bowen
If you have any opinion on use of force, you need to watch this
If you have an opinion… any opinion or many opinions… on Michael Brown, or Eric Garner, or Tamir Rice, or police use of force in general… No matter what that opinion is, you NEED to watch this video.
Unfortunately, the speakers tone, rhythm and overall presentation, are not engaging… and that takes away from the message somewhat, simply because it reduces the impact. But the message is still there.
Really watch… really listen. It’s important.
This Advice Could Save Your Life and Preserve Your Liberty
The fact that the police can get away with killing an individual who presented no threat to anyone with the whole incident caught on camera is quite disturbing. A grand jury decided not to indict a NYPD officer by the name of Daniel Pantaleo who used a choke-hold banned by his own department which resulted in the death of Eric Garner. Unlike the incident in Ferguson which contained conflicting testimony and forensics which support Darren Wilson’s version of the event, this event in New York was caught on video from at least two different camera angles (and available on YouTube for the whole world to see). This seems pretty cut and dry at least for an indictment.
So how is it that almost any accused individual brought before a grand jury is indicted unless the accused individual happens to wear a government issued costume? Are grand juries really that biased toward the police? After reading a few dozen comments on threads responding to the grand jury decision, I’m afraid the answer is yes (if you want to lose all hope for humanity, read the comment section to any article of consequence). I reach this conclusion because these are the sort of people who serve on juries and decide that it’s perfectly okay for the police to kill someone if the suspect had any criminal record of any kind, resisted in any way, or even “disrespected” the police on the scene.
The truth is that reforming the way police do things is going to take time as changing people’s attitudes is going to take time. There are things that we as individuals can do here and now so that we don’t become victims of the police, however. Many of these perfect, law abiding specimens of humanity who like to share their wisdom with the rest of us on the internet say that if Eric Garner hadn’t resisted (at all) he would never have been put in the choke hold that contributed or caused his death. On this point, I grudgingly have to agree.
I don’t say this because I believe the use of force against Garner was appropriate but because far too many people do (and juries are composed of people who aren’t always very reasonable).
One common thread in many of these viral videos where the police overreact is that the individual either resists (however mildly), makes a sudden move, or is perceived as being armed [1]. The worst thing you can do is give the cops a reason to use force and an excuse for jurors who will normally give the police the benefit of the doubt a reason to doubt.
So how does one increase one’s odds of surviving an encounter with an overzealous cop? Here are a few suggestions.
1. Before you end your session on the internet today, watch Flex Your Rights’ “10 Rules for Dealing With Police.” I have the entire series and a summary of the rules posted here. If you know how you can respectfully but firmly assert your constitutional rights before the next time you are confronted by the police, you will have advantages most people do not and you will reduce the chances that the encounter will escalate to violence.
2. Act as if the encounter is being recorded and your actions will be scrutinized in front of a judge, jury, and/or the general public. For better or worse, cameras have become ubiquitous, so the chances the encounter is being recorded increase everyday. Use this to your advantage. Better yet, if you have a camera phone, record the encounter yourself. Recording the police in public is legal almost everywhere in the U.S. Follow this link to be sure of the specific legalities of your state. Once you have the camera rolling, follow the aforementioned “10 rules” and be the kind of person a judge, jury, and the general public would be sympathetic toward. If you act like a jerk or are disrespectful in any way (regardless of how the cop acts) this could all backfire.
3. Don’t make any sudden moves and keep your hands visible at all times. If you are pulled over keep your hands on the steering wheel and turn on the dome light if its dark out. When the cop asks for your license and registration, say something like “My license is in my wallet” and very slowly reach for it and hand it over. Then say “My insurance card and registration is in the glove box” then slowly open the glove box and retrieve the documentation. Better yet, have the documentation ready before the cop comes to your window; its less movement and you know you will be asked to produce these items anyway. Had this man followed similar advice, he might not have been shot by a South Carolina State trooper.
4. Understand that you are NOT in control. If the police have decided to put cuffs on you and/or arrest you, do not physically resist, attack, or run. If you do, the results will not end in your favor. Whatever injustice has befallen you will not be settled until later. Also, keep your mouth shut and only speak of the event with your attorney.
Its my hope that these cases which have scandalized us all will lead to better understanding of how we can peacefully resist the growing police state. Its not my intention to blame the victims such as Eric Garner, John Crawford III, Kelly Thomas and countless others but to do my part in not creating new victims of overzealous cops afraid of their own shadows.
[1] Its become a pet peeve of mine seeing headlines that state that the police shoot an “unarmed” man. For one, unarmed does not mean harmless. Also, its probably safe to say that most of the time when the cops shoot an unarmed person, it was unclear if s/he was armed at the time. While we can and should scrutinize the police when they use force, we cannot expect them to have perfect knowledge in real time.
Police should wear body cameras to protect themselves when they’re accused of wrongdoing
President Obama has just proposed $263 million for police body cameras in an effort to improve police relations in the communities they serve. My co-contributor at United Liberty Matthew Hurtt argues that this is an overreaction and cautions that this is “further federalizing local law enforcement.” To this, I have to respectfully disagree.
The federal government has already “federalized” local police if by federalization he means providing military grade toys at a discount. I don’t quite understand how providing tools which can actually protect the public such as body cameras “further” federalizes the police. As long as these departments receive these toys, the public damn well has the right to review in HD quality video and audio how these toys are being used (along with the normal police activities).
The following post was originally published on 8/18/2014 @ United Liberty
It sems that there is at least one area of agreement (with caveats) between some in law enforcement and some civil libertarians: cops should wear body cameras. The how, when, and where is still a question for all concerned but at least there seems to be some agreement on the broad outlines.
PoliceOne.com‘s editor-in-chief Doug Wyllie argues that police departments should embrace the idea of body mounted cameras on almost every police officer. Wyllie writes:
In the week following the officer-involved shooting in Ferguson (Mo.), many have asked me for a comment and/or my commentary on the matter. My reply has generally been, “What, precisely, might that comment be? We know very little detail regarding the incident itself, so any ‘analysis’ on my part would be tantamount to irresponsible speculation. Further, analysis of the rioting and looting (and police response to same) would be redundant — we’ve got reams of columns on crowd control tactics and strategies.”
One thing, however, merits mention in this space. It’s directly related to the first thought that came to my mind when news of this tragedy broke: “Man, I hope that officer was wearing a body camera.”
By now, we can correctly surmise that he was not, and it’s a reasonable contention that if he had been wearing a body camera — and that video was examined by agency leadership and released responsibly to the public — Ferguson would probably have been spared the violence and unrest.
Wyllie anticipated that there would be some cops, departments, and PoliceOne members who would disagree with this notion. From there he offered 3 reasons why the upsides outweigh the downsides:
1. Officers’ fears about “Big Brother” are crushed by good, sound policy collaboratively created by all stakeholders — administrators, police unions, civil rights groups, local lawmakers, and others. Citizens’ fears about Fourth Amendment issues — for victims, witnesses, and other uninvolved persons — are similarly crushed by that same policy.
I must interject here. We have street cameras on just about every major intersection in every major city in America. If its good enough to place you and I under constant surveillance, its good enough for the police. The police should also be reminded that they do indeed work for us. Any time the police are on duty and in public, there is a chance that they are being watched by the public. They do not have a right to privacy when they interact with the pubic. This is especially true when the actions of the police have the potential to take freedom or life away from individuals concerned.
Wyllie continues with his other 2 points:
2. Concerns over budgeting for the investment in new gear (and training for same) are quelled by the statistical data suggesting that the outlay in cash is far less than the cost of settling frivolous (and baseless) lawsuits over alleged officer misconduct when no such misconduct occurred.
3. Any argument alleging that “the technology just isn’t there yet” is flat out false. Five years ago, such a statement may have held some water, but companies like TASER International, Digital Ally, L-3 Mobile Vision, and VIEVU now offer rugged, patrol-ready products with high-definition recording capabilities in light, wearable form factors.
Doug Wyllie sees the writing on the wall; he points out that the White House petition for the “Mike Brown Law” which says “all state, county, and local police [should be required] to wear a camera” already passed 100k signatures. Wyllie is probably correct arguing that there would be fewer misconduct lawsuits with the cameras. One PoliceOne member added:
Personally I look forward to being able to show the jury exactly what the POS I arrested was doing, saying and what he looked like when I arrested him; rather than the cleaned up chap in a borrowed suit that the defense brought to court.
I think its also fair to say that cops would be discouraged from being involved with any misconduct in the first place. If we lived in a world where everyone involved in a police encounter is being recorded, everyone involved has every reason to be on his or her best behavior.
Another posted:
I’m all for body cameras. Yet, when they go against what people want them to say, it will be: “The police fixed the cameras.”
To this concern I have two answers. First the technology is already available to determine if a video has been tampered with. If the video shows the video at the 5:07:29 minute mark and then it suddenly skips to the 8:10:12 minute mark, most people are going to understand that there is some missing footage. The second answer is to policy of how, when, and where body cameras will be used.
Will cameras solve all questions of misconduct? Of course not. Cameras certainly have their limitations. But having a video of an event presented to a jury is certainly better than relying solely on conflicting eyewitness testimony.
Point of clarification: One person who commented on the Face Book link mentioned “And audio might be nice.” I assumed Doug Wyllie meant that audio should be part of the video recording as well. After re-reading his article, I realize that he never mentioned anything about audio. Perhaps this too will become a very important part of the debate. It’s my position that audio should be included. Video alone might be helpful in very clear cut cases but distort the meaning of what the viewer sees in other cases.
