Archive for May, 2019

“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official. The framers would be appalled.”—Herman Schwartz, The Nation

We’ve all been there before.

You’re driving along and you see a pair of flashing blue lights in your rearview mirror. Whether or not you’ve done anything wrong, you get a sinking feeling in your stomach.

You’ve 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 you’re pulled over, you’re 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 “serve and protect.”

This is what I call “blank check policing,” in which the police get to call all of the shots.

So if you’re 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 there’s always the chance that an encounter will turn deadly.

Try to assert your right to merely ask a question during a traffic stop and see how far it gets you.

Zachary Noel was tasered by police and charged with resisting arrest after he questioned why he was being ordered out of his truck during a traffic stop. “Because I’m telling you to,” the officer replied before repeating his order for Noel to get out of the vehicle and then, without warning, shooting him with a taser through the open window.

Unfortunately, as Gregory Tucker learned the hard way, there are no longer any fail-safe rules of engagement for interacting with the police.

It was in the early morning hours of Dec. 1, 2016, when Tucker, a young African-American man, was 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 cousin’s house.

That’s when what should have been a routine traffic stop became yet another example of police brutality in America and another reason why Americans are justified in their fear of cops.

According to the lawsuit that was 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 “resisting” (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, Tucker was thrown to the ground and punched numerous times in the head and body. The police also yelled repeatedly at Tucker to “quit resisting.” 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 didn’t do it fast enough to suit their purposes.

This young man submitted to police. He didn’t challenge police authority when they frisked him, searched his car, handcuffed him, and beat him to a pulp.

If this young man is “guilty” of anything, he’s 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 don’t 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 something—anything—that police could misinterpret to be a gun, or igniting some trigger-centric fear in a police officer’s mind that has nothing to do with an actual threat to their safety.

At a time when police can do no wrong—at least in the eyes of the courts, police unions and politicians dependent on their votes—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.

Black drivers are 31 percent more likely to be pulled over than white drivers, or about 23 percent more likely than Hispanic drivers. As the Washington Post concludes, “‘Driving while black’ is, indeed, a measurable phenomenon.”

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 car’s 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 that acne scars and driving with a stiff upright posture are reasonable grounds for being pulled over. The Fifth Circuit Court of Appeals ruled that 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, in Heien v. North Carolina, the U.S. Supreme Court—which 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 circumstance—allowed 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 in Heien, Sotomayor warned, “Giving 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 authority… 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.”

In other words, drivers beware.

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

Remember Walter L. Scott? Reportedly pulled over for a broken taillight, Scott—unarmed—ran 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, “three times in the back, once in the upper buttocks and once in the ear — with at least one bullet entering his heart.”

Samuel Dubose, also unarmed, was 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 was 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 “fearful” officer. Jones was also unarmed.

Bobby Canipe was 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 was stopped “for not bicycling properly.” The officer pursuing him “thought the way Stephens rode his bike was suspicious. He thought the way Stephens got off his bike was suspicious.” Four seconds later, sheriff’s 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 officer’s order to extinguish her cigarette and exit her vehicle. The encounter escalated, with the officer threatening to “light” Bland up with his taser. Three days later, Bland was found dead in her jail cell. “You’re doing all of this for a failure to signal?” 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, we’re all in the same boat. However, it’s what happens after you’ve been pulled over that’s critical.

Survival is 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, put away your phone or stop recording them.

However, there is a price for asserting one’s 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 be standing in a “shooting stance” or held a cell phone or a garden hose or carried around a baseball bat or answered the front door or held a spoon in a threatening manner or ran in an aggressive manner holding a tree branch or wandered around naked or hunched over in a defensive posture or made the mistake of wearing the same clothes as a carjacking suspect (dark pants and a basketball jersey) or dared to leave an area at the same time that a police officer showed up or had a car break down by the side of the road or were deaf or homeless or old.

Now you can make all kinds of excuses to justify these shootings, and in fact that’s exactly what you’ll 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.

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.

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. Presently, 26 states do not require citizens to show their ID to an officer (drivers in all states must do so, however).

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

As I make clear in my book Battlefield America: The War on the American People, the hard part comes in when you have to exercise those rights in order to hold government officials accountable to respecting those rights.

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.

While technology is always going to be a double-edged sword, with the gadgets that are the most useful to us in our daily lives—GPS devices, cell phones, the internet—being the very tools used by the government to track us, monitor our activities, and generally spy on us, cell phones are particularly useful for recording encounters with the police and have proven to be increasingly powerful reminders to police that they are not all powerful.

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

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

So if you’re starting to feel somewhat overwhelmed, intimidated and fearful for your life and the lives of your loved ones, you should be.

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/drivers_beware_the_deadly_perils_of_traffic_stops_in_the_american_police_state

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

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“When a population becomes distracted by trivia, when cultural life is redefined as a perpetual round of entertainments, when serious public conversation becomes a form of baby-talk, when, in short, a people become an audience and their public business a vaudeville act, then a nation finds itself at risk; a culture-death is a clear possibility.” — Professor Neil Postman, Amusing Ourselves to Death: Discourse in the Age of Show Business

What characterizes American government today is not so much dysfunctional politics as it is ruthlessly contrived governance carried out behind the entertaining, distracting and disingenuous curtain of political theater. And what political theater it is, diabolically Shakespearean at times, full of sound and fury, yet in the end, signifying nothing.

Played out on the national stage and eagerly broadcast to a captive audience by media sponsors, this farcical exercise in political theater can, at times, seem riveting, life-changing and suspenseful, even for those who know better.

Week after week, the script changes (Donald Trump’s Tweets, Congress’ hearings on Robert Mueller’s Russia probe, the military’s endless war drums, the ever-widening field of candidates for the 2020 presidential race, etc.) with each new script following on the heels of the last, never any let-up, never any relief from the constant melodrama.

The players come and go, the protagonists and antagonists trade places, and the audience members are quick to forget past mistakes and move on to the next spectacle.

All the while, a different kind of drama is unfolding in the dark backstage, hidden from view by the heavy curtain, the elaborate stage sets, colored lights and parading actors.

Such that it is, the realm of political theater with all of its drama, vitriol and scripted theatrics is what passes for “transparent” government today, with elected officials, entrusted to act in the best interests of their constituents, routinely performing for their audiences and playing up to the cameras, while doing very little to move the country forward.

Yet behind the footlights, those who really run the show are putting into place policies which erode our freedoms and undermine our attempts at contributing to the workings of our government, leaving us none the wiser and bereft of any opportunity to voice our discontent or engage in any kind of discourse until it’s too late.

It’s the oldest con game in the books, the magician’s sleight of hand that keeps you focused on the shell game in front of you while your wallet is being picked clean by ruffians in your midst.

Indeed, while mainstream America has been fixated on the drama-filled reality show being televised from the White House, the American Police State has moved steadily forward.

Set against a backdrop of government surveillance, militarized police, SWAT team raids, asset forfeiture, eminent domain, overcriminalization, armed surveillance drones, whole body scanners, stop and frisk searches, roving VIPR raids and the like—all of which have been sanctioned by Congress, the White House and the courts—our constitutional freedoms have been steadily chipped away at, undermined, eroded, whittled down, and generally discarded.

Our losses are mounting with every passing day.

Free speech, the right to protest, the right to challenge government wrongdoing, due process, a presumption of innocence, the right to self-defense, accountability and transparency in government, privacy, press, sovereignty, assembly, bodily integrity, representative government: all of these and more have become casualties in the government’s war on the American people.

The American people have been treated like enemy combatants, to be spied on, tracked, scanned, frisked, searched, subjected to all manner of intrusions, intimidated, invaded, raided, manhandled, censored, silenced, shot at, locked up, and denied due process.

None of these dangers have dissipated.

They have merely disappeared from our televised news streams.

The new boss has proven to be the same as the old boss, and the American people, the permanent underclass in America, has allowed itself to be so distracted and divided that they have failed to notice the building blocks of tyranny being laid down right under their noses by the architects of the Deep State.

Frankly, it really doesn’t matter what you call the old/new boss—the Deep State, the Controllers, the masterminds, the shadow government, the police state, the surveillance state, the military industrial complex—so long as you understand that no matter who occupies the White House, it is a profit-driven, an unelected bureaucracy that is actually calling the shots.

In the interest of liberty and truth, here’s an A-to-Z primer to spell out the grim realities of life in the American Police State that no one is talking about anymore.

A is for the AMERICAN POLICE STATE. A police state “is characterized by bureaucracy, secrecy, perpetual wars, a nation of suspects, militarization, surveillance, widespread police presence, and a citizenry with little recourse against police actions.”

B is for our battered BILL OF RIGHTS. In the cop culture that is America today, where you can be kicked, punched, tasered, shot, intimidated, harassed, stripped, searched, brutalized, terrorized, wrongfully arrested, and even killed by a police officer, and that officer is rarely held accountable for violating your rights, the Bill of Rights doesn’t amount to much.

C is for CIVIL ASSET FORFEITURE. This governmental scheme to deprive Americans of their liberties—namely, the right to property—is being carried out under the guise of civil asset forfeiture, a government practice wherein government agents (usually the police) seize private property they “suspect” may be connected to criminal activity. Then, whether or not any crime is actually proven to have taken place, the government keeps the citizen’s property.

D is for DRONES. It is estimated that at least 30,000 drones will be airborne in American airspace by 2020, part of an $80 billion industry. Although some drones will be used for benevolent purposes, many will also be equipped with lasers, tasers and scanning devices, among other weapons—all aimed at “we the people.”

E is for ELECTRONIC CONCENTRATION CAMP. In the electronic concentration camp, as I have dubbed the surveillance state, all aspects of a person’s life are policed by government agents and all citizens are suspects, their activities monitored and regulated, their movements tracked, their communications spied upon, and their lives, liberties and pursuit of happiness dependent on the government’s say-so.

F is for FASCISM. A study conducted by Princeton and Northwestern University concluded that the U.S. government does not represent the majority of American citizens. Instead, the study found that the government is ruled by the rich and powerful, or the so-called “economic elite.” Moreover, the researchers concluded that policies enacted by this governmental elite nearly always favor special interests and lobbying groups. In other words, we are being ruled by an oligarchy disguised as a democracy, and arguably on our way towards fascism—a form of government where private corporate interests rule, money calls the shots, and the people are seen as mere economic units.

G is for GRENADE LAUNCHERS and GLOBAL POLICE. The federal government has distributed more than $18 billion worth of battlefield-appropriate military weapons, vehicles and equipment such as drones, tanks, and grenade launchers to domestic police departments across the country. As a result, most small-town police forces now have enough firepower to render any citizen resistance futile. Now take those small-town police forces, train them to look and act like the military, and then enlist them to be part of the United Nations’ Strong Cities Network program, and you not only have a standing army that operates beyond the reach of the Constitution but one that is part of a global police force.

H is for HOLLOW-POINT BULLETS. The government’s efforts to militarize and weaponize its agencies and employees is reaching epic proportions, with federal agencies as varied as the Department of Homeland Security and the Social Security Administration stockpiling millions of lethal hollow-point bullets, which violate international law. Ironically, while the government continues to push for stricter gun laws for the general populace, the U.S. military’s arsenal of weapons makes the average American’s handgun look like a Tinker Toy.

I is for the INTERNET OF THINGS, in which internet-connected “things” will monitor your home, your health and your habits in order to keep your pantry stocked, your utilities regulated and your life under control and relatively worry-free. The key word here, however, is control. This “connected” industry propels us closer to a future where police agencies apprehend virtually anyone if the government “thinks” they may commit a crime, driverless cars populate the highways, and a person’s biometrics are constantly scanned and used to track their movements, target them for advertising, and keep them under perpetual surveillance.

J is for JAILING FOR PROFIT. Having outsourced their inmate population to private prisons run by private corporations, this profit-driven form of mass punishment has given rise to a $70 billion private prison industry that relies on the complicity of state governments to keep their privately run prisons full by jailing large numbers of Americans for inane crimes.

K is for KENTUCKY V. KING. In an 8-1 ruling, the Supreme Court ruled that police officers can break into homes, without a warrant, even if it’s the wrong home as long as they think they have a reason to do so. Despite the fact that the police in question ended up pursuing the wrong suspect, invaded the wrong apartment and violated just about every tenet that stands between us and a police state, the Court sanctioned the warrantless raid, leaving Americans with little real protection in the face of all manner of abuses by law enforcement officials.

L is for LICENSE PLATE READERS, which enable law enforcement and private agencies to track the whereabouts of vehicles, and their occupants, all across the country. This data collected on tens of thousands of innocent people is also being shared between police agencies, as well as with fusion centers and private companies. This puts Big Brother in the driver’s seat.

M is for MAIN CORE. Since the 1980s, the U.S. government has acquired and maintained, without warrant or court order, a database of names and information on Americans considered to be threats to the nation. As Salon reports, this database, reportedly dubbed “Main Core,” is to be used by the Army and FEMA in times of national emergency or under martial law to locate and round up Americans seen as threats to national security. As of 2008, there were some 8 million Americans in the Main Core database.

N is for NO-KNOCK RAIDS. Owing to the militarization of the nation’s police forces, SWAT teams are now increasingly being deployed for routine police matters. In fact, more than 80,000 of these paramilitary raids are carried out every year. That translates to more than 200 SWAT team raids every day in which police crash through doors, damage private property, terrorize adults and children alike, kill family pets, assault or shoot anyone that is perceived as threatening—and all in the pursuit of someone merely suspected of a crime, usually possession of some small amount of drugs.

O is for OVERCRIMINALIZATION and OVERREGULATION. Thanks to an overabundance of 4500-plus federal crimes and 400,000 plus rules and regulations, it’s estimated that the average American actually commits three felonies a day without knowing it. As a result of this overcriminalization, we’re seeing an uptick in Americans being arrested and jailed for such absurd “violations” as letting their kids play at a park unsupervised, collecting rainwater and snow runoff on their own property, growing vegetables in their yard, and holding Bible studies in their living room.

P is for PATHOCRACY and PRECRIME. When our own government treats us as things to be manipulated, maneuvered, mined for data, manhandled by police, mistreated, and then jailed in profit-driven private prisons if we dare step out of line, we are no longer operating under a constitutional republic. Instead, what we are experiencing is a pathocracy: tyranny at the hands of a psychopathic government, which “operates against the interests of its own people except for favoring certain groups.” Couple that with the government’s burgeoning precrime programs, which will use fusion centers, data collection agencies, behavioral scientists, corporations, social media, and community organizers and by relying on cutting-edge technology for surveillance, facial recognition, predictive policing, biometrics, and behavioral epigenetics in order to identify and deter so-called potential “extremists,” dissidents or rabble-rousers. Bear in mind that anyone seen as opposing the government—whether they’re Left, Right or somewhere in between—is now viewed as an extremist.

Q is for QUALIFIED IMMUNITY. Qualified immunity allows officers to walk away without paying a dime for their wrongdoing. Conveniently, those deciding whether a police officer should be immune from having to personally pay for misbehavior on the job all belong to the same system, all cronies with a vested interest in protecting the police and their infamous code of silence: city and county attorneys, police commissioners, city councils and judges.

R is for ROADSIDE STRIP SEARCHES and BLOOD DRAWS. The courts have increasingly erred on the side of giving government officials—especially the police—vast discretion in carrying out strip searches, blood draws and even anal probes for a broad range of violations, no matter how minor the offense. In the past, strip searches were resorted to only in exceptional circumstances where police were confident that a serious crime was in progress. In recent years, however, strip searches have become routine operating procedures in which everyone is rendered a suspect and, as such, is subjected to treatment once reserved for only the most serious of criminals.

S is for the SURVEILLANCE STATE. On any given day, the average American going about his daily business will be monitored, surveilled, spied on and tracked in more than 20 different ways, by both government and corporate eyes and ears. A byproduct of this new age in which we live, whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency, whether the NSA or some other entity, is listening in and tracking your behavior. This doesn’t even begin to touch on the corporate trackers that monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere.

T is for TASERS. Nonlethal weapons such as tasers, stun guns, rubber pellets and the like have been used by police as weapons of compliance more often and with less restraint—even against women and children—and in some instances, even causing death. These “nonlethal” weapons also enable police to aggress with the push of a button, making the potential for overblown confrontations over minor incidents that much more likely. A Taser Shockwave, for instance, can electrocute a crowd of people at the touch of a button.

U is for UNARMED CITIZENS SHOT BY POLICE. No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later, often attributed to a fear for their safety. Yet the fatality rate of on-duty patrol officers is reportedly far lower than many other professions, including construction, logging, fishing, truck driving, and even trash collection.

V is for VIPR SQUADS. So-called “soft target” security inspections, carried out by roving VIPR task forces, comprised of federal air marshals, surface transportation security inspectors, transportation security officers, behavior detection officers and explosive detection canine teams, are taking place whenever and wherever the government deems appropriate, at random times and places, and without needing the justification of a particular threat.

W is for WHOLE-BODY SCANNERS. Using either x-ray radiation or radio waves, scanning devices and government mobile units are being used not only to “see” through your clothes but to spy on you within the privacy of your home. While these mobile scanners are being sold to the American public as necessary security and safety measures, we can ill afford to forget that such systems are rife with the potential for abuse, not only by government bureaucrats but by the technicians employed to operate them.

X is for X-KEYSCORE, one of the many spying programs carried out by the National Security Agency that targets every person in the United States who uses a computer or phone. This top-secret program “allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals.”

Y is for YOU-NESS. Using your face, mannerisms, social media and “you-ness” against you, you can now be tracked based on what you buy, where you go, what you do in public, and how you do what you do. Facial recognition software promises to create a society in which every individual who steps out into public is tracked and recorded as they go about their daily business. The goal is for government agents to be able to scan a crowd of people and instantaneously identify all of the individuals present. Facial recognition programs are being rolled out in states all across the country.

Z is for ZERO TOLERANCE. We have moved into a new paradigm in which young people are increasingly viewed as suspects and treated as criminals by school officials and law enforcement alike, often for engaging in little more than childish behavior. In some jurisdictions, students have also been penalized under school zero tolerance policies for such inane “crimes” as carrying cough drops, wearing black lipstick, bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades. The lesson being taught to our youngest—and most impressionable—citizens is this: in the American police state, you’re either a prisoner (shackled, controlled, monitored, ordered about, limited in what you can do and say, your life not your own) or a prison bureaucrat (politician, police officer, judge, jailer, spy, profiteer, etc.).

As I make clear in my book Battlefield America: The War on the American People, the reality we must come to terms with is that in the post-9/11 America we live in today, the government does whatever it wants, freedom be damned.

We have moved beyond the era of representative government and entered a new age.

You can call it the age of authoritarianism. Or fascism. Or oligarchy. Or the American police state.

Whatever label you want to put on it, the end result is the same: tyranny.

WC: 3042

Original: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/d_is_for_dictatorship_while_america_feuds_the_police_state_shifts_into_high_gear
ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

Publication Guidelines / Reprint Permission

John W. Whitehead’s weekly commentaries are available for publication to newspapers and web publications at no charge. Please contact staff@rutherford.org to obtain reprint permission.

 

Sexual predation by police officers happens far more often than people in the business are willing to admit.”—Former Seattle police chief Norm Stamper

How could this be happening right under our noses?

That’s what readers wanted to know after my column went viral about the extent to which young children are being bought and sold for sex in America.

Where are the police when these children—some as young as 9 years old—are being raped repeatedly?

For that matter, what is the Trump Administration doing about the fact that adults purchase children for sex at least 2.5 million times a year in suburbs, cities and towns across this nation?

I’ll tell you what the government is doing: little to nothing.

While America’s children are being menaced by sexual predators, the Trump Administration and its congressional cohorts continue to wage endless wars, run up the national debt, and distract the populace with vitriol and kabuki political theater.

The police are not much better.

In too many instances, the cops are worse.

Indeed, while there are certainly many good cops in this country—and I’ve had the honor of working with a number of them—the bad cops have become symptomatic of a criminal justice system that is deeply rotten through and through.

We can no longer count on police to save us from the worst in our society.

In many cases, rather than being part of the solution, America’s police forces—riddled with corruption, brutality, sexual misconduct and drug abuse—have largely become part of the problem. As the Philadelphia Inquirer reports, “Hundreds of police officers across the country have turned from protectors to predators, using the power of their badge to extort sex.”

Let’s start with sex trafficking.

In a number of cases, victims of sex trafficking report that police are among those “buying” young girls and women for sex.

In other words, as a recent study by the State Commission on the Status of Women and Arizona State University makes clear, “victims are being exploited by the very people who are supposed to protect them: police officers.”

In New York, seven NYPD cops—three sergeants, two detectives and two officers—were accused of running brothels that sold 15-minute sexual encounters, raking in more than $2 million over the course of 13 months. Two of the cops, brothers, were charged with holding a bachelor party at one of the brothels where “they got the place for nothing and they used the prostitutes.”

In California, a police sergeant—a 16-year veteran of the police force—was arrested for raping a 16-year-old girl who was being held captive and sold for sex in a home in an upscale neighborhood.

A week-long sting in Florida ended with 277 arrests of individuals accused of sex trafficking, including doctors, pharmacists and police officers.

Sex trafficking victims in Hawaii described “cops asking for sexual favors to more coercive situations like I’ll let you go if you do X, Y, or Z for me.”

One study found that “over 14 percent of sex workers said that they had been threatened with arrest unless they had sex with a police officer.” In many states, it’s actually legal for police to have sex with prostitutes during the course of sting operations.

While the problem of cops engaged in sex trafficking is part of the American police state’s seedy underbelly that doesn’t get addressed enough, equally alarming is the number of cops who commit sex crimes against those they encounter as part of their job duties, a largely underreported number given the “blue wall of silence” that shields police misconduct.

Former Seattle police chief Norm Stamper describes cases in which cops fondled prisoners, made false traffic stops of attractive women, traded sexual favors for freedom, had sex with teenagers and raped children.

Young girls are particularly vulnerable to these predators in blue.

Former police officer Phil Stinson estimates that half of the victims of police sex crimes are minors under the age of eighteen.

According to The Washington Post, a national study found that 40 percent of reported cases of police sexual misconduct involved teens. One young woman was assaulted during a “ride along” with an officer, who said in a taped confession: “The badge gets you the p—y and the p—y gets your badge, you know?

For example, a Pennsylvania police chief and his friend were arrested for allegedly raping a young girl hundreds of times—orally, vaginally, and anally several times a week—over the course of seven years, starting when she was 4 years old.

In 2017, two NYPD cops were accused of arresting a teenager, handcuffing her, and driving her in an unmarked van to a nearby parking lot, where they raped her and forced her to perform oral sex on them, then dropped her off on a nearby street corner.

The New York Times reports that “a sheriff’s deputy in San Antonio was charged with sexually assaulting the 4-year-old daughter of an undocumented Guatemalan woman and threatening to have her deported if she reported the abuse.”

One young girl, J.E., was kidnapped by a Border Patrol agent when she was 14 years old, taken to his apartment and raped. “In the apartment, there were two beds on top of the other, children’s bunk beds, and ropes there, too. They were shoelaces. For my wrists and my feet. My mind was blank,” recalls J.E. “I was trying to understand everything. I didn’t know what to do. My feet were tied up. I would look at him and he had a gun. And that frightened me. I asked him why, and he answered me that he was doing this to me because I was the prettiest one of the three.”

Two teenage girls accused a Customs and Border Protection officer of forcing them to strip, fondling them, then trying to get them to stop crying by offering chocolates, potato chips and a blanket. The government settled the case for $125,000.

Mind you, this is the same government that has been separating immigrant children from their parents and locking them up in detention centers, where they are easy prey for sexual predators. So far, the government has received more than 4500 complaints about sexual abuse at those child detention facilities.

This is also the same government that “lost” almost 1500 migrant children. Who knows how many of those children ended up in the hands of traffickers?

The police state’s sexual assaults of children are sickening enough, but when you add sex crimes against grown women into the mix, the picture becomes even more sordid.

According to The Washington Post, “research on ‘police sexual misconduct’—a term used to describe actions from sexual harassment and extortion to forcible rape by officers—overwhelmingly concludes that it is a systemic problem.”

Investigative journalist Andrea Ritchie has tracked national patterns of sexual violence by police officers during traffic stops, in addition to heightened risk from minor offenses, drug arrests and police interactions with teenagers.

Victims of domestic abuse, women of color, transgender women, women who use drugs or alcohol, and women involved in the sex trade are particularly vulnerable to sexual assault by police.

One Oklahoma City police officer allegedly sexually assaulted at least seven women while on duty over the course of four months, including a 57-year-old grandmother who says she was forced to give the cop oral sex after he pulled her over.

A Philadelphia state trooper, eventually convicted of assaulting six women and teenagers, once visited the hospital bedside of a pregnant woman who had attempted suicide, and groped her breasts and masturbated.

These aren’t isolated incidents.

According to research from Bowling Green State University, police officers in the U.S. were charged with more than 400 rapes over a 9-year period. During that same time period, 600 police officers were arrested for forcible fondling; 219 were charged with forcible sodomy; 186 were arrested for statutory rape; 58 for sexual assault with an object; and 98 with indecent exposure.

Sexual assault is believed to be the second-most reported form of misconduct against police officers after the use of excessive force, making up more than 9% of all complaints.

Even so, these crimes are believed to be largely underreported so much so that sex crimes may in fact be the number one form of misconduct among police officers.

So why are the numbers underreported? “The women are terrified. Who are they going to call? It’s the police who are abusing them,” said Penny Harrington, the former police chief of Portland, Ore.

One Philadelphia cop threatened to arrest a teenager for carjacking unless she had sex with him. “He had all the power. I had no choice,” testified the girl. “Who was I? He had his badge.”

This is the danger of a police state that invests its henchmen with so much power that they don’t even need to use handcuffs or a gun to get what they want.

Making matters worse, most police departments do little to identify the offenders, and even less to stop them. “Unlike other types of police misconduct, the abuse of police power to coerce sex is little addressed in training, and rarely tracked by police disciplinary systems,” conclude Nancy Phillips and Craig R. McCoy writing for the Philadelphia Inquirer. “This official neglect makes it easier for predators to escape punishment and find new victims.”

Unfortunately, this is a problem that is hiding in plain sight, covered up by government agencies that are failing in their constitutional duties to serve and protect “we the people.”

That thin blue line of knee-jerk adulation and absolute loyalty to police above and beyond what the law requires—a line frequently pushed by President Trump—is creating a menace to society that cannot be ignored.

An investigative report into police misconduct illustrates the pervasiveness of the problem when police go rogue. According to USA Today:

At least 85,000 law enforcement officers across the USA have been investigated or disciplined for misconduct over the past decade… Officers have beaten members of the public, planted evidence and used their badges to harass women. They have lied, stolen, dealt drugs, driven drunk and abused their spouses. Despite their role as public servants, the men and women who swear an oath to keep communities safe can generally avoid public scrutiny for their misdeeds. The records of their misconduct are filed away, rarely seen by anyone outside their departments. Police unions and their political allies have worked to put special protections in place ensuring some records are shielded from public view, or even destroyed. Obtained from thousands of state agencies, prosecutors, police departments and sheriffs, the records detail at least 200,000 incidents of alleged misconduct, much of it previously unreported… They include 22,924 investigations of officers using excessive force, 3,145 allegations of rape, child molestation and other sexual misconduct and 2,307 cases of domestic violence by officers.

As researcher Jonathan Blanks notes, “The system is rigged to protect police officers from outside accountability. The worst cops are going to get the most protection.

Hyped up on the power of the badge and their weaponry, protected from charges of wrongdoing by police unions and government agencies, and empowered by rapidly advancing tools—technological and otherwise—that make it all too easy to identify, track and take advantage of vulnerable members of society, predators on the nation’s police forces are growing in number.

“It can start with a police officer punching a woman’s license plate into a police computer – not to see whether a car is stolen, but to check out her picture,” warns investigative journalists Nancy Phillips and Craig R. McCoy. “If they are not caught, or left unpunished, the abusers tend to keep going, and get worse, experts say.”

So where does this leave us?

The courts, by allowing the government’s desire for unregulated, unaccountable, expansive power to trump justice and the rule of law, have turned away from this menace. Politicians, eager for the support of the powerful police unions, have turned away from this menace. Religious leaders who should know better but instead have silenced their moral conscience in order to cozy up to political power have turned away from this menace.

Distracted by political theater, divided by politics, disenfranchised by a legislative and judicial system that renders us powerless in the face of the police state’s many abuses, “we the people” have also turned a blind eye to this menace.

We must stop turning away from this menace in our midst.

For starters, police should not be expected—or allowed—to police themselves.

Misconduct by local police has become a national problem. Therefore, the response to this national problem must start at the local level.

This is no longer a matter of a few bad apples.

The entire system has become corrupted and must be reformed.

Greater oversight is needed, yes, but also greater accountability and more significant consequences for assaults.

Andrea Ritchie’s piece in The Washington Post provides some practical suggestions for reform ranging from small steps to structural changes (greater surveillance of police movements, heightened scrutiny of police interactions and traffic stops, and more civilian oversight boards), but as she acknowledges, these efforts still don’t strike at the root of the problem: a criminal justice system that protects abusers and encourages abuse.

It’s difficult to say whether modern-day policing with its deep-seated corruption, immunity from accountability, and authoritarian approach to law enforcement attracts this kind of deviant behavior or cultivates it, but empowering police to view themselves as the best, or even the only, solution to the public’s problems, while failing to hold them accountable for misconduct, will only deepen the policing crisis that grows deadlier and more menacing by the day.

WC: 2286

Source: https://www.rutherford.org/publications_resources/john_whiteheads_commentary/predator_cops_guilty_of_sex_crimes_sex_trafficking_are_a_menace_to_society
ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People  is available at www.amazon.com. Whitehead can be contacted at johnw@rutherford.org.

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