What to do when stopped by the police

www.haltonpolice.ca With the highly publicized incidents of police shootings over the past couple of years, many people have questions about exactly they must act when they encounter the police.  There are basic rights everyone has, however it must be recognized that each interaction may unfold differently.

The general rule of thumb is to keep calm and obey the directions of the police. Bad feelings and issues may be sorted out later but you cannot take back a life if an interaction with the police escalates to the point of deadly force.

Common questions:

Q1: Can a police officer stop me if I’m walking down the street?

A1: It is within your right to refuse to speak to or stop for the police. However, if an officer believes that you are behaving suspiciously, they have the authority to detain you for the purposes of an investigation.

Q2: If I am stopped by the police, do they have to read me my rights before I answer any questions?

A2: No.  If you are being placed under arrest, the police are required to read you your Miranda Rights.  They are not required to read you your rights during traffic stops or encounters on the street.

Q3: Do the police have the right to search me?

A3: It depends on the circumstances.  If the police reasonably believe that you may have been involved in a crime, this gives them probable cause to legally search you.  If a police officer asks permission to search you or your property (ex. a vehicle) and you give permission, then that is considered voluntary consent to search.  The police may also search you or your property if they have a warrant.

Q4: May I record a police encounter?

A4: This varies by jurisdiction. In the District of Columbia, it is legal to record police officers carrying out their duties in public as long as it does not interfere with official police business.

Q5: If a police officer orders me to get out of my vehicle, do I have to comply?

A5: Yes.  The police have the right to ask you and any passengers to get out of your vehicle. If you believe they violated your rights, remain calm during the interaction and follow-up later at the closest police station and file a formal complaint with a police supervisor.

Be safe,

L.J. Follow me on Twitter: @CrimeDoc1213

References

Flyouth.  (2005).  SE youth and the police [Pamphlet]. Washington, DC: Facilitating Leadership in Youth.

Grisham, L. & Hargro, T.  (2015, July 24).  Your rights during police encounters. USA Today. Retrieved from http://www.usatoday.com/story/news/nation-now/2015/07/22/rights-during-police-encounters/30539255

Police Brutality in the United States: The Past is Prologue

Past is Prologue Image                                            (What is Past is Prologue, Archives) McKinney Police Incident In 1951, a Florida Sheriff shot two black men he was transporting in his police vehicle. The two men had been wrongly convicted of a crime. The victims, Samuel Shepherd and Walter Irvin were spared the death penalty after the US Supreme Court overturned their convictions (Equal Justice Initiative, 2014).  The Sheriff shot them shortly after the Supreme Court's decision was made. The past is prologue.

In 1963, 700 black teenagers were arrested by the Birmingham Police Department in the State of Alabama. The police clubbed them with their Billy sticks, turned fire hoses on them, and attacked them with their police canines (Equal Justice Initiative, 2014). Their crime? Protesting racial segregation in the South. The past is prologue.

In 1979, the Los Angeles Police Department (LAPD) shot and killed Ms. Eula Love in her front yard.  Ms. Love was shot eight times by two LAPD officers who were called to the scene by the gas company seeking assistance in shutting off her service (La Ganga & Susman, 2014).  The past is prologue.

In 1980, white officers tied bags over the heads of some black males they were interrogating in the shooting death of a New Orleans police officer.  This came after four blacks were shot and killed by police in response to the slain officer’s death. The interrogation tactics violated police policy, federal law, and basic human rights.  Their actions led to a 1981 indictment (NY Times). The past is prologue.

In 1991, Rodney King was savagely beaten by 20 LAPD officers after a car chase.  Rodney King sustained 11 fractures after officers struck him over and over with their police batons and kicked him while he was on the ground.  Mr. King was unarmed.  The incident was caught on tape and sparked world-wide attention. The City of Los Angeles exploded and citizens rioted for five days (CNN Library, 2015). The past is prologue.

In 2015, a young, black 14 year-old girl wearing a two-piece bikini was forcefully thrown to the ground by an out of control police supervisor in McKinney, TX who was responding to a call about a pool party that had gotten out of control.  The white officer sat on the young girl’s back screaming obscenities at her and bystanders who yelled and cried for him to stop. The past is…wait, this just happened last week.

Police interactions with black citizens continue to be marred by fear, suspicion, and violence.  There is distrust between both groups that is based in history and experience.  But this incident in particular gives great pause as the victim in this case is a young female.  The officer was in full uniform with all his equipment, including his police issued firearm.  Where was the threat?  Sure, the teenagers outnumbered the officers but when you view the video, the kids showed deference and in fact were fearful and sat down and lay down on the ground when told.  This officer arrived on the scene angry.  Therefore, anything that was said to him was filtered through his blue colander.  There were other officers on the scene that were calm and spoke to the teens in a respectful manner but this one rogue officer was out of control.

As a trained Criminologist, if his case came across my desk, I would have recommended some extensive counseling beyond termination.  This officer was clearly out of control.  When he did a barrel roll across the grass and ran down the street, he appeared like a rabid animal.  When he pulled his gun out and pointed it at the group of teens, the incident turned the corner.  He had a clearly snapped. Even other officers on the scene tried to push him back and they should be applauded for that.  This was clearly a rotten apple.  Although this McKinney police officer acted individually, his position affords him such great power that these interactions are devastatingly dangerous.  Sadly, racism, oppression, and discrimination still exist.  They exist in all major systems such as education, health care, and the criminal justice system.  Perhaps this officer just snapped?  I doubt it.  I am certain that if you look back in his record, there was be a telling pattern of problematic behavior.  That being sad, he should never have been allowed to work out his problems on the young citizens of McKinney.  This is never a fun discussion but we need to set aside our feelings of discomfort and begin some real discussions on the issue of race in policing and how some are abusing their power and hurting people and communities in the aftermath.

There was once a time that when a ship was sinking attempts for rescue started with the most vulnerable victims: women and children.  Women and children have always been treated differently and at times, more gently.  For example, female officers are always (or should be) used to pat down females.  There is a societal rule in terms of how men versus women should be handled.  Thus, the outrage in social media after this case is warranted.  Certain behaviors and actions should be off limits and this McKinney officer went too far. Let’s do better.

Be safe,

L.J. Follow me on Twitter: @CrimeDoc1213

#BlackLivesMatter #protectourgirls #McKinney #poolofoppression #policebrutality #police #accountability #pastispresent #socialjustice #criminaljustice #crime #justice #peace #compassion #dialogue #ljsamuel

References

CNN Library. (2015). Los Angeles riot fast facts. Retrieved from www.cnn.com/2013/09/18/us/los-angeles-riots-fast-facts/.

Equal Justice Initiative. (2014). A history of racial injustice. Retrieved from www.racialinjustice.eji.org.

La Ganga, M. & Susman, T. (2014). Controversial police use-of-force cases. LA Times. Retrieved from http://graphics.latimes.com/towergraphic-controversial-police-cases/

New York Times. (1981, October 10). 7 officers indicted in New Orleans. Retrieved from http://www.nytimes.com/1981/07/10/us/7-officers-indicted-in-new-orleans.html.

Image Sources

National Archives, picture taken by L.J. Samuel McKinney Incident, dallasmorningviewsblog

Shades of Gray

Freddie Gray Yesterday Freddie Gray, age 25, was buried after succumbing to injuries he sustained at the hands of several Baltimore Police Department officers. No one knows exactly what happened that terrible day on April 12, 2015 and perhaps no one ever will. But one thing is for certain- Mr. Freddie Gray is dead. His twin sister has lost her brother, his parents have lost their son, and the world has lost another young black man to police brutality. The media consistently reports that Freddie died of a spinal injury but official reports state that his spine was severed, an injury so severe that it took his life. Semantics? I think not. If we are going to have a real discussion on the issue of police brutality, accountability, police-community relations, and steps towards healing then we must not sugarcoat the issue. 25 year-old Freddie Gray died after officers stomped on his back and severed his spine ending his short life. They gave Freddie Gray a life sentence for allegedly having guns in his possession. These officers acted as the judge and jury and unfortunately Mr. Gray did not have a chance.

Police Vehicle Burning    CVS Burning

The match was lit and Baltimore burned for the better part of the afternoon and night of April 27th. While many protested peacefully in the street, others used it as an opportunity to engage in lawlessness. Baltimore residents are angry. Those watching around the country and world are angry. We are all angry. But how does breaking into a liquor store or destroying a CVS Drug Store further the cause in a positive manner? How does bad behavior honor the spirit of Freddie Gray or comfort his family? It doesn’t. It is an unnecessary distraction and confuses the agenda. For those rioting in Baltimore, they are in the minority and they are punishing no one but themselves. They open themselves up to arrest, prosecution, jail time, and have physically destroyed segments of their own communities.

The Governor blamed the mayor for not acting soon enough and the National Guard was called in to occupy another city exploding from the frustration and anger of police brutality and unnecessary force. Not acknowledging the real problem feeds into the Us versus Them mentality between the police and the black community and broadens the divide between these two groups. It is absolutely mind-boggling that in 2015 we as a society are here again. With all that occurred in Stamford, Florida, Staten Island, NY, Ferguson, MO, Tulsa, OK, and many other cities, you would think that we would have learned. Leaders need to truly step up and take action that will be lasting and leave the recycled rhetoric in the past.

Community Clean Up  Rakes_telesurtv.net

The good news is that every day we are provided with a new opportunity to start over and get it right. And this morning, residents of Baltimore let the rioters in the community, their fellow neighbors, and the country know that they were not going stand by and let their city be destroyed. So people pulled out their brooms and got out trash bags and started the slow process of cleaning up. This gesture is creating an atmosphere of solidarity and perhaps the healing has begun. The world is still young and we all must live in it together so why not do that from a place of love and respect? Surely that’s better than putting fires out.

Be safe,

L.J. Follow me on Twitter: @CrimeDoc1213

#FreddieGray #policebrutality #policeabuse #Baltimore #BaltimoreUprising #policeaccountability #blacklivesmatter #crime #justice #peace #healing #death #future #hope

Images courtesy of: www.wbaltv.com www.heavyeditorial.com www.townhall.com www.telesurtv.net