-
Simply put, the number of arrests an officer makes is a major factor used to determine his job performance. Police officers know that the easiest way to make arrests is to find people in possession of illegal drugs, so they want to search everyone they can find...
-
Unfortunately, many people get fooled by some version of this commonly used police officer's line: "Everything will be easier if you just cooperate". That's true to some extent -- it will make things much easier for the police officer who's trying to arrest you! -- but when it comes to you consenting to searches and answering incriminating questions, it couldn't be further from the truth...
-
Be aware that private security personnel outnumber police officers in the United States by three to one. As a result, you may be more likely to be confronted by a security guard than by a police officer. You must also be aware of the following places where security personnel (governmental or otherwise) are permitted to search you without a warrant...
-
Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver's conduct and are generally free to leave, unless police become suspicious of them during the course of the stop...
-
As a general rule, searches conducted without a valid search warrant signed by a judge violate the Fourth Amendment, but like most rules of law, there are a number of explicit exceptions. In fact, most searches occur without warrants because police take advantage of these exceptions to the Fourth Amendment...
-
Yes. Minors generally have the same rights as adults. For example, minors can refuse searches and decline to answer questions without an attorney present. Nevertheless, minors face unique challenges when attempting to exercise these rights...
-
Yes. Police can, will, and often do lie; especially if it helps them make arrests. The rules regarding entrapment usually tip in favor of law-enforcement, so police won't hesitate to trick you into incriminating yourself or others...
-
Everyone should be trained to assert their constitutional rights under the 4th Amendment in order to avoid the hassle and humiliation of police misconduct and illegal searches. According to the Bureau of Justice Statistics report on citizen-police contacts...
-
No. We believe that most police officers are good, hardworking people who are doing a tough job. We need police to safeguard the life, liberty, and property of all people. To do this best, police officers should...
-
The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings. The truth is exactly the opposite...
-
During a legitimate traffic stop, police may order the driver and any passengers out of the vehicle. This rule is intended to protect officers' safety, but it's often used for investigatory purposes...
-
Your rights do not disappear if the officer threatens to call in the dogs, so don't let this all-too-common tactic intimidate you into consenting to a search. You have several options...
-
No. We teach people that they have rights, and that these rights are secured by the principal documents that guarantee our civil liberties -- the U.S. Constitution and the Bill of Rights. An informed individual who invokes his constitutional protections is doing exactly what our nation's founders intended. They created these documents to...
-
In addition to compromising your safety and the safety of others, driving drunk is one of the stupidest things you can do, and one of the easiest ways to create overwhelming legal problems for yourself. DUI laws vary from state to state, and they have become increasingly harsh over the years...
-
This is a tricky issue. The simple answer is that citizens who are minding their own business are not obligated to "show their papers" to police. In fact, there is no law requiring citizens to carry identification of any kind. Once you get passed the surface, however, things get much more complicated...
|
Written by Scott Morgan, FYR
|
|
Thursday, 19 March 2009 00:00 |
|
The town of Homer, Louisiana is embroiled in a racially-charged controversy after a white police officer shot and killed an elderly African-American man in front of his family and friends. Witnesses say police planted a gun on the victim after shooting him and federal investigators are now working overtime to sort the whole thing out.
Of course, questionable police shootings and allegations of severe misconduct are tragically common and it will be interesting to see what the investigation uncovers. What really shook me up about the story was a quote from Homer Police Chief Russell Mills, who was asked about his department's treatment of minorities:
"People here are afraid of the police," said Terry Willis, vice president of the Homer branch of the National Assn. for the Advancement of Colored People. "They harass black people, they stop people for no reason and rough them up without charging them with anything."
That is how it should be, responded Homer Police Chief Russell Mills, who noted the high rates of gun and drug arrests in the neighborhood.
"If I see three or four young black men walking down the street, I have to stop them and check their names," said Mills, who is white. "I want them to be afraid every time they see the police that they might get arrested." [Los Angeles Times]
Arrested for what? Being black? A professional police department should not be a source of intimidation for citizens who've done nothing wrong. It's just an appallingly racist and inappropriate remark coming from the chief of police in a town plagued by racial tension. Chief Mills' mentality pretty much tells you everything you need to know about how things got this bad.
Skeptics in the debate over racial profiling will often begin by telling you that police never use racial profiling, then conclude by implying that black people are all criminals who must be stopped and searched at every opportunity. It's an absurd contradiction. As long as I can still find police chiefs publicly boasting of racial bias in the newspaper, I fail to understand how anyone could claim racial profiling isn't a serious problem.
Share this with the world: 
|
|
What are we doing?
The 4th Amendment Podcast
|
|
Comments