Refusing a search is a right, not a provocation (This is just incredible)

Source: Blacklisted News/Washington Post
Published: Jul 19, 2016
Author: Radley Balko
Post Date: 2016-07-20 10:26:24 by Deckard
Views: 2518

[Waterbury Conn.] Police Chief Vernon L. Riddick Jr. brought a message of cooperation with police to a mostly African-American crowd of more than 200 people at Mount Olive A.M.E. Zion Church on Wednesday night.

If an officer stops your car, if they ask to search your person or vehicle, if they demand entry into your home, comply and then complain later to the department’s internal affairs office and police chief’s office if you feel your rights have been violated, Riddick said.

I understand the argument that you shouldn’t mouth off to cops. I get the argument that you shouldn’t needlessly provoke them. I certainly agree that you shouldn’t physically resist them. It could get you killed.

But this is a police chief who, in a town hall meeting spurred by a rash of shootings both by and of police officers, is asking that citizens submit without question if an officer requests to search a vehicle, home or person. In the interest of “cooperation,” he’s asking a black audience to give up their Fourth Amendment rights.

We empower the police to protect our rights. Much of the time, that involves protecting us from others who would do us harm. But it also means respecting our rights and refraining from violating them. The Fourth Amendment gives us the right to be free from unreasonable searches and seizures. The intent behind the amendment was to protect us from the indignity and violation of our privacy when we’re subjected to a search that’s based on little more than a hunch — the intent was not to protect our right to later complain to internal affairs.

I realize things are tense right now. We should certainly respect and be aware of that when interacting with law enforcement officers. But to verbally refuse a request to search is an exercise of one’s rights. It isn’t a provocation. That Riddick and other police officials seem to see it as the latter is telling — and a big problem.

*****

Poster comment : He's not just asking blacks to give up their rights - look at the crowd.

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#1: jeremiad    To: Deckard (#0)

There is no doubt that you do not allow police to search your vehicle or your home without a warrant. I don't even understand the part where I am watching cops, and they stop someone for what they deem "suspicious activity" and begin by patting down a driver, and end with searching the car. This does not sit well with me. What right do they have to search the driver of a car that they pull over for say expired tabs, or failure to use a turn signal?

jeremiad posted on 2016-07-20 10:32:18   Reply   Private Reply


#2: Pinguinite    To: Deckard (#0)

If an officer stops your car, if they ask to search your person or vehicle, if they demand entry into your home, comply and then complain later to the department’s internal affairs office and police chief’s office if you feel your rights have been violated

If you comply, then you can't complain later that your rights have been violated, because you complied.

Pinguinite posted on 2016-07-20 10:37:31   Reply   Private Reply


#3: TrappedInMd    To: Deckard (#0)

If an officer stops your car, if they ask to search your person or vehicle, if they demand entry into your home, comply and then complain later to the department’s internal affairs office and police chief’s office if you feel your rights have been violated, Riddick said.

If asked you deny them permission.(and best to record the conversation)

If they still force their way in not a good idea to try to physically stop them, unless you want to die or be hurt badly.

Over at FR are always nutbags who will post that they would stop police.

TrappedInMd posted on 2016-07-20 11:00:09   Reply   Private Reply


#4: misterwhite    To: jeremiad (#1)

"What right do they have to search the driver of a car that they pull over for say expired tabs, or failure to use a turn signal?"

Search or pat down?

"Once a law enforcement officer has lawfully stopped a person, the officer may conduct a patdown for firearms or other dangerous weapons when the officer reasonably suspects that his or her personal safety requires it. Consent is not a necessary prerequisite to an officer-safety patdown for weapons."

misterwhite posted on 2016-07-20 12:04:52   Reply   Private Reply


#5: jeremiad    To: misterwhite (#4)

Right, looking for weapons when they come upon a small baggie with a gram of MJ. If police are allowed a "pat down" of everyone they stop, it gives them carte blanche to search everyone.

jeremiad posted on 2016-07-21 01:44:25   Reply   Private Reply


#6: misterwhite    To: jeremiad (#5)

"If police are allowed a "pat down" of everyone they stop, it gives them carte blanche to search everyone."

Set up that straw man and knock him down. I never said "everyone".

The courts have ruled that the officer may conduct a patdown for firearms or other dangerous weapons when the officer reasonably suspects that his or her personal safety requires it.

You're saying that shouldn't be allowed?

misterwhite posted on 2016-07-21 09:07:50   Reply   Private Reply


#7: jeremiad    To: misterwhite (#6)

Define reasonable. To me it would mean a history of arrests, a gun or knife shaped bulge in clothing, or drug products in direct line of sight. The arrest history would be available to the police as soon as they entered license plate information, it would be totally filled in as they enter the drivers license info into the computer. Many times I see people pulled over for trivial things, end up being spread eagle on the hood of the car. It is not good public relations for policing, and is usually someone with a suspended sentence for not paying mandatory insurance times a few times.

jeremiad posted on 2016-07-21 11:11:01   Reply   Private Reply


#8: misterwhite    To: jeremiad (#7)

"Define reasonable."

That's up to the jury.

misterwhite posted on 2016-07-21 11:16:15   Reply   Private Reply