āQuit resisting,ā cops yell at compliant young man who was thrown to the ground, beaten, arrested and hospitalized for severe injuries to his face and arm, allegedly in retaliation for āresisting arrestā by driving to a safe, well-lit area before submitting to a traffic stop for a broken tail light
Weāve all been there before.
Youāre driving along and you see a pair of flashing blue lights in your rearview mirror. Whether or not youāve done anything wrong, you get a sinking feeling in your stomach.
Youāve read enough news stories, seen enough headlines, and lived in the American police state long enough to be anxious about any encounter with a cop that takes place on the side of the road.
For better or worse, from the moment youāre pulled over, youāre at the mercy of law enforcement officers who 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 āserve and protect.ā
This is what I call āblank check policing,ā in which the police get to call all of the shots.
So if youāre nervous about traffic stops, you have every reason to be.
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 thereās always the chance that an encounter will turn deadly.
For instance, it was just a year ago, in the early morning hours of Dec. 1, 2016, when Gregory Tucker, a young African-American man, wasĀ pulled over by Louisiana police for a broken taillight. Because he did not feel safe stopping immediately, Tucker drove calmly and slowly to a safe, well-lit area a few minutes away before stopping in front of his cousinās house.
Thatās whenĀ what should have been a routine traffic stop became yet another example of police brutality in AmericaĀ and another reason why Americans are justified in their fear of cops.
According to theĀ lawsuit that was just filed in federal court by The Rutherford Institute, police ordered Tucker out of his vehicle, and after he had stepped out, immediately placed him under arrest for āresistingā (in this case, not immediately stopping) and searched his person and his vehicle. Tucker was then ordered to move to the front of the police vehicle and place his hands on its hood.
Two more police officers arrived on the scene, walked up behind Tucker, and grabbed his arms to restrain and handcuffed him.
Then the fourth police officer arrived on the scene. According to police dash cam footage,Ā Tucker was thrown to the ground and punched numerous times in the head and body. The police also yelled repeatedly at Tucker to āquit resisting.ā Tucker, bleeding with injuries to his face, head and arm, was then placed into the back of a police vehicle and EMTs were called to treat him. He was eventually taken to the hospital for severe injuries to his face and arm.
Mind you, this young man complied with police. He just didnāt do it fast enough to suit their purposes.
This young man submitted to police. He didnāt challenge police authority when they frisked him, searched his car, handcuffed him, and beat him to a pulp.
If this young man is āguiltyā of anything, heās guilty of ticking off the cops by being cautious, concerned for his safety, and all too aware of the dangers faced by young black men during encounters with the police.
Frankly, you donāt even have to be young or black or a man to fear for your life during an encounter with the police.
Just consider the growing numbers of unarmed people are who being shot and killed just for standing a certain way, or moving a certain way, or holding somethingāanythingāthat police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officerās mind that has nothing to do with an actual threat to their safety.
At a time when police can do no wrongāat least in the eyes of the courts, police unions and politicians dependent on their votesāand a āfearā for officer safety is used to justify all manner of police misconduct, āwe the peopleā are at a severe disadvantage.
Add a traffic stop to the mix, and that disadvantage increases dramatically.
According to the Justice Department, theĀ most common reason for a citizen to come into contact with the policeĀ is being a driver in a traffic stop.
On average,Ā one in 10 Americans gets pulled over by police.
Black drivers are 31 percent more likely to be pulled over than white drivers, or about 23 percent more likely than Hispanic drivers. As theĀ Washington PostĀ concludes, āāDriving while blackā is, indeed, aĀ measurable phenomenon.ā
Indeed, police officers have been given free range to pull anyone over for a variety of reasons.
This free-handed approach to traffic stops has resulted in drivers being stopped for windows that are too heavily tinted, for driving too fast, driving too slow, failing to maintain speed, following too closely, improper lane changes, distracted driving, screeching a carās tires, and leaving a parked car door open for too long.
Motorists can also be stopped by police for driving near a bar or on a road that has large amounts of drunk driving, driving a certain make of car (Mercedes, Grand Prix and Hummers are among the most ticketed vehicles), having anything dangling from the rearview mirror (air fresheners, handicap parking permits, troll transponders or rosaries), and displaying pro-police bumper stickers.
Incredibly, a federal appeals court actually ruled unanimously in 2014 thatĀ acne scars and driving with a stiff upright posture are reasonable grounds for being pulled over. The Fifth Circuit Court of Appeals ruled thatĀ driving a vehicle that has a couple air fresheners, rosaries and pro-police bumper stickers at 2 MPH over the speed limit is suspicious, meriting a traffic stop.
Equally appalling, inĀ Heien v. North Carolina, the U.S. Supreme Courtāwhich has largely paved the way for the police and other government agents to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstanceāallowed police officers to stop drivers who appear nervous, provided they provide a palatable pretext for doing so.
Justice Sonia Sotomayor was the lone objector in the case. Dissenting inĀ Heien, Sotomayor warned, āGiving officers license to effect seizures so long as they can attach to their reasonable view of the facts some reasonable legal interpretation (or misinterpretation) that suggests a law has been violated significantly expands this authorityā¦Ā One wonders how a citizen seeking to be law-abiding and to structure his or her behavior to avoid these invasive, frightening, and humiliating encounters could do so.ā
In other words, drivers beware.
Traffic stops arenāt just dangerous. They can be downright deadly.
Remember Walter L. Scott? ReportedlyĀ pulled over for a broken taillight, Scottāunarmedāran away from the police officer, who pursued and shot him from behind, first with a Taser, then with a gun. Scott was struck five times, āthree times in the back, once in the upper buttocks and once in the ear ā with at least one bullet entering his heart.ā
Samuel Dubose, also unarmed, wasĀ pulled over for a missing front license plate. He was reportedly shot in the head after a brief struggle in which his car began rolling forward.
Levar Jones wasĀ stopped for a seatbelt offense, just as he was getting out of his car to enter a convenience store. Directed to show his license, Jones leaned into his car to get his wallet, only to be shot four times by the āfearfulā officer. Jones was also unarmed.
Bobby Canipe wasĀ pulled over for having an expired registration. When the 70-year-old reached into the back of his truck for his walking cane, the officer fired several shots at him, hitting him once in the abdomen.
Dontrell Stevens wasĀ stopped āfor not bicycling properly.āĀ The officer pursuing him āthought the way Stephens rode his bike was suspicious. He thought the way Stephens got off his bike was suspicious.ā Four seconds later, sheriffās deputy Adams Lin shot Stephens four times as he pulled out a black object from his waistband. The object was his cell phone. Stephens was unarmed.
Sandra Bland, pulled over for allegedly failing to use her turn signal, was arrested after refusing to comply with the police officerās order to extinguish her cigarette and exit her vehicle. The encounter escalated, with the officer threatening to ālightā Bland up with his taser. Three days later, Bland was found dead in her jail cell. āYouāre doing all of this for a failure to signal?ā Bland asked as she got out of her car, after having been yelled at and threatened repeatedly.
Keep in mind, from the moment those lights start flashing and that siren goes off, weāre all in the same boat. However, itās what happens after youāve been pulled over thatās critical.
Survival is the key.
Technically, you have the right to remain silent (beyond the basic requirement to identify yourself and show your registration). You have the right to refuse to have your vehicle searched. You have the right to film your interaction with police. You have the right to ask to leave. You also have the right to resist an unlawful order such as a police officer directing you to extinguish your cigarette,Ā put away your phone or stop recording them.
However, there is a price for asserting oneās rights. That price grows more costly with every passing day.
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.
The problem, of course, is what to do when compliance is not enough.
After all, every day we hear about situations in which unarmed Americans complied and still died during an encounter with police simply because they appeared to beĀ standing in a āshooting stanceāĀ orĀ held a cell phoneĀ or aĀ garden hoseĀ orĀ carried around a baseball batĀ orĀ answered the front doorĀ or held aĀ spoon in a threatening mannerĀ orĀ ran in an aggressive mannerĀ holding a tree branch orĀ wandered around nakedĀ orĀ hunched over in a defensive postureĀ or made the mistake ofĀ wearing the same clothes as a carjacking suspectĀ (dark pants and a basketball jersey) or dared toĀ leave an area at the same time that a police officer showed upĀ orĀ had a car break downĀ by the side of the road or wereĀ deafĀ orĀ homelessĀ orĀ old.
Now you can make all kinds of excuses to justify these shootings, and in fact thatās exactly what youāll hear from politicians, police unions, law enforcement officials and individuals who are more than happy to march in lockstep with the police.
However, to suggest that a good citizen is a compliant citizen and that obedience will save us from the police state is not only recklessly irresponsible, but it is also deluded and out of touch with reality.
As I make clear in my bookĀ Battlefield America: The War on the American People, in the American police state, compliance is no longer enough. Frankly, the only truly compliant, submissive and obedient citizen in a police state is a dead one.
If youāre starting to feel somewhat overwhelmed, intimidated and fearful for your life and the lives of your loved ones, you should be.
You should be very afraid.
I am.
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