John Whitehead's Commentary

“You know, when police start becoming their own executioners, where’s it gonna end? Pretty soon, you’ll start executing people for jaywalking, and executing people for traffic violations.”—“Dirty Harry” Callahan, Magnum Force

When I say that warrior cops—hyped up on their own authority and the power of the badge—have not made America any safer or freer, I am not disrespecting any of the fine, decent, lawful police officers who take seriously their oath of office to serve and protect their fellow citizens, uphold the Constitution, and maintain the peace.

My concern rests with the cops who feel empowered to act as judge, jury and executioner.

These death squads believe they can kill, shoot, taser, abuse and steal from American citizens in the so-called name of law and order.

Just recently, in fact, a rookie cop opened fire on the occupants of a parked car in a McDonald’s parking lot on a Sunday night in San Antonio, Texas.

The driver, 17-year-old Erik Cantu and his girlfriend, were eating burgers inside the car when the police officer—suspecting the car might have been one that fled an attempted traffic stop the night before—abruptly opened the driver side door, ordered the teenager to get out, and when he did not comply, shot ten times at the car, hitting Cantu multiple times.

Mind you, this wasn’t a life-or-death situation.

It was two teenagers eating burgers in a parking lot, and a cop fresh out of the police academy taking justice into his own hands.

This wasn’t an isolated incident, either.

It’s happening all across the country.

This is how we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat the citizenry like suspects and criminals.

The lesson for all of us: at a time when police have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect”—and a “fear” for officer safety is used to justify all manner of police misconduct—“we the people” are at a severe disadvantage.

Add a traffic stop to the mix, and that disadvantage increases dramatically.

According to the Justice Department, the most common reason for a citizen to come into contact with the police is being a driver in a traffic stop.

On average, one in 10 Americans gets pulled over by police.

Of the roughly 1,100 people killed by police each year, 10% of those involve traffic stops.

That police are choosing to fatally resolve these encounters by using their guns on fellow citizens speaks volumes about what is wrong with policing in America today, where police officers are being dressed in the trappings of war, drilled in the deadly art of combat, and trained to look upon “every individual they interact with as an armed threat and every situation as a deadly force encounter in the making.”

In other words, drivers beware.

Traffic stops aren’t just dangerous. They can be downright deadly.

Trying to predict the outcome of any encounter with the police is a bit like playing Russian roulette: most of the time you will emerge relatively unscathed, although decidedly poorer and less secure about your rights, but there’s always the chance that an encounter will turn deadly.

Survival is key.

If you ask cops and their enablers what Americans should do to stay alive during encounters with police, they will tell you to comply, cooperate, obey, not resist, not argue, not make threatening gestures or statements, avoid sudden movements, and submit to a search of their person and belongings. 

Unfortunately, in the American police state, compliance is no guarantee that you will survive an encounter with the police with your life and liberties intact.

To begin with, and most importantly, Americans need to know their rights when it comes to interactions with the police, bearing in mind that many law enforcement officials are largely ignorant of the law themselves.

A good resource is The Rutherford Institute’s “Constitutional Q&A: Rules of Engagement for Interacting with Police.”

In a nutshell, the following are your basic rights when it comes to interactions with the police as outlined in the Bill of Rights:

You have the right under the First Amendment to ask questions and express yourself. You have the right under the Fourth Amendment to not have your person or your property searched by police or any government agent unless they have a search warrant authorizing them to do so.  You have the right under the Fifth Amendment to remain silent, to not incriminate yourself and to request an attorney. Depending on which state you live in and whether your encounter with police is consensual as opposed to your being temporarily detained or arrested, you may have the right to refuse to identify yourself. Not all states require citizens to show their ID to an officer (although drivers in all states must do so).

As a rule of thumb, you should always be sure to clarify in any police encounter whether or not you are being detained, i.e., whether you have the right to walk away. That holds true whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance. If you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re essentially under arrest from the moment a cop stops you. Still, it doesn’t hurt to clarify that distinction. Cell phones are particularly useful for recording encounters with the police.

Knowing your rights is only part of the battle, unfortunately.

As I point out in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, the danger arises when the burden of proof is reversed, “we the people” are assumed guilty, and we have to exercise our rights while simultaneously attempting to prove our innocence to trigger-happy cops with no understanding of the Bill of Rights.

WC: 1072

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

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