[quote]clinton131 wrote:
[quote]angry chicken wrote:
Brett,
I’ll bite with the firehouse style policing. I am sure that “it works”. But “stop and frisks” are clear violation of our civil rights. Now I’m not saying that the police should just sit around waiting for a call. I’m sure there are pro active things to be done such as patroling, developing good relationships with neighbors, rescuing cats from trees, etc… But I think there has to be a middle ground somewhere between stop and frisks and firehouse style.
I’d love for cops to catch bad guys. But I’m not so cool with the whole, “that black teenager is wearing a hoody and his pants are sagging, he’s coming from a bad neighborhood, so he MUST be trouble - I’m gonna frisk him and violate his civil rights even though he hasn’t obviously broken the law and he doesn’t fit a description of anyone I’m looking for at the moment”.
I think ACTING on an assumption (even though in a minority of situations the assumption may be correct) is wrong. If you OBSERVE someone handing off or something, then bust their ass. But a person walking down the street minding their own business? That person has a right to go about their business unmolested.[/quote]
AC,
The United States Supreme Court disagrees with you (Terry v. Ohio). “Stop and Frisk” is not a clear violation of our civil rights. You and others on this forum may not agree with it but the Supreme Court of the land has ruled on this. An officer can stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous.
Now that said, I do agree that “Stop and Frisk” tactics can be abused or misused by LE. I think where we, as LEOs, get ourselves into conflict with what the Supreme Court has outlined as permissible, is when we fail to clearly articulate what our “reasonable suspicion” is when we conduct these warrantless searches. Merely stating “officer safety” is not sufficient and I cringe as a supervisor when I hear or read this in an officer’s report as to why they conducted a warrantless search.
If these searches continue to be abused or misused the Courts can just as easily take this “tool” away from us, especially if there are enough incidents where the abuse or misuse “shocks the public conscious”. Departments need to train and revisit this topic often in order to keep their personnel within the scope of what the Supreme Court intended these tactics to be used under.[/quote]
I’m not saying that the supreme court is wrong by saying an officer has the power to conduct a Terry stop, “if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous”.
My bone of contention here is this: since when is wearing a hoodie, or having sagging pants, or four black teens walking in a group, or <<>> - when is ANY of that REASONABLE SUSPICION?
I would argue that it’s a very unreasonable and often racist assumption - especially with the low statistical percentage of finding a weapon. I GREW UP in a high crime area. Or to describe it more accurately, an economically depressed area with a high percentage of folks on public assistance. Not everyone who lived there broke the law - most of them were just poor, yet according the logic of most LEO’s the fact that they are IN that area constitutes reasonable suspicion. Back then (in Baltimore City in the 70’s and 80’s), it was more than just a stop and frisk, it was more of a “prevention ass-kicking”.
Now, let’s peel back the onion another layer and examine what could POSSIBLY be the motivation of a person living in a high crime area for carrying a weapon. Could it possibly be that he’d rather be judged by 12 than carried by 6? Perhaps it for self defence because he lives in a high crime area and doesn’t the STATE’s interference and searching for a gun CLEARLY violate his SECOND AMMENDMEMT rights? The second ammendment clearly states, “the right of the people to keep and bear Arms, shall not be infringed”. It doesn’t say, “the right of the people to keep and bear arms shall not be infringed (except in high crime areas)”. It doesn’t say, “the right of the people to keep and bear arms shall not be infringed (unless you are black, wearing a hoodie, and looking suspicious)”.
Now I know you’re just going to come back and say, well the SCOTUS doesn’t agree with you. And you are correct. Special interest groups and liberal pussies have taken our country in a VERY sad direction. But FOR NOW, it’s still legal to speak my mind, so I’m exercising my right to do so.
Question to LEO’s:
At WHAT point would you tell your commanding officer to fuck off? In a disaster situation like Katrina where they are telling you to arrest/shoot people for being out after dark? If the dollar collapses and there is a run on the banks and people want to get THEIR money and you are told to keep them away? Where would you draw the line at exercising TOO much power? Or WOULD you? Would you just follow orders and violate the Constitution because someone told you to do it?