Posts Tagged ‘police’

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

We are a nation on the brink of a nervous breakdown.

Undeniably, the blowback from COVID-19 lockdowns and mandates continues to reverberate around the country, impacting the nation’s struggling workplaces, choking the economy and justifying all manner of authoritarian tyrannies being inflicted on the populace by state and federal governments.

Yet while it is easy to be distracted by political theater, distressed by the COVID-19 pandemic, and divided over authoritarian lockdowns and mandates, there are still darker forces afoot that cannot—should not—must not be ignored.

Here’s a news flash for you: there are sexual predators on America’s police forces.

Indeed, when it comes to sex trafficking—the buying and selling of young girls, boys and women for sex—police have become both predators and pimps. 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.”

Victims of sex trafficking report that police are among those “buying” young girls and women for sex. Incredibly, this COVID-19 pandemic has resulted in even greater numbers of children being preyed upon by sex traffickers.

Unfortunately, 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.

In New York, for instance, 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.

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 separated immigrant children from their parents and locked them up in detention centers, where they were easy prey for sexual predators. At one point, the government had received more than 4500 complaints about sexual abuse at those child detention facilities.)

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 is creating a menace to society that cannot be ignored.

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. Police unions, which have been at the forefront of the effort to shield sexual misconduct by cops, have exacerbated this menace.

Yet for the sake of the most vulnerable among us, we as a nation 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. As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, 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.

Source: https://bit.ly/3CU9DYx

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

“Whether the mask is labeled fascism, democracy, or dictatorship of the proletariat, our great adversary remains the apparatus—the bureaucracy, the police, the military. Not the one facing us across the frontier of the battle lines, which is not so much our enemy as our brothers’ enemy, but the one that calls itself our protector and makes us its slaves. No matter what the circumstances, the worst betrayal will always be to subordinate ourselves to this apparatus and to trample underfoot, in its service, all human values in ourselves and in others.”—Simone Weil, French philosopher and political activist

We labor today under the weight of countless tyrannies, large and small, carried out in the so-called name of the national good by an elite class of governmental and corporate officials who are largely insulated from the ill effects of their actions.

We, the middling classes, are not so fortunate.

We find ourselves badgered, bullied and browbeaten into bearing the brunt of their arrogance, paying the price for their greed, suffering the backlash for their militarism, agonizing as a result of their inaction, feigning ignorance about their backroom dealings, overlooking their incompetence, turning a blind eye to their misdeeds, cowering from their heavy-handed tactics, and blindly hoping for change that never comes. 

The overt signs of the despotism exercised by the increasingly authoritarian regime that passes itself off as the United States government (and its corporate partners in crime) are all around us: COVID-19 lockdowns and vaccine mandates that strip Americans of their freedom of movement and bodily integrity; censorship, criminalizing, shadow banning and de-platforming of individuals who express ideas that are politically incorrect or unpopular; warrantless surveillance of Americans’ movements and communications; SWAT team raids of Americans’ homes; shootings of unarmed citizens by police; harsh punishments meted out to schoolchildren in the name of zero tolerance; armed drones taking to the skies domestically; endless wars; out-of-control spending; militarized police; roadside strip searches; roving TSA sweeps; privatized prisons with a profit incentive for jailing Americans; fusion centers that spy on, collect and disseminate data on Americans’ private transactions; and militarized agencies with stockpiles of ammunition, to name some of the most appalling.

Yet as egregious as these incursions on our rights may be, it’s the endless, petty tyrannies—the heavy-handed, punitive-laden dictates inflicted by a self-righteous, Big-Brother-Knows-Best bureaucracy on an overtaxed, overregulated, and underrepresented populace—that illustrate so clearly the degree to which “we the people” are viewed as incapable of common sense, moral judgment, fairness, and intelligence, not to mention lacking a basic understanding of how to stay alive, raise a family, or be part of a functioning community.

It’s hard to say whether we’re dealing with a kleptocracy (a government ruled by thieves), a kakistocracy (a government run by unprincipled career politicians, corporations and thieves that panders to the worst vices in our nature and has little regard for the rights of American citizens), or if we’ve gone straight to an idiocracy

This certainly isn’t a constitutional democracy, however.

This overbearing Nanny State despotism is what happens when government representatives (those elected and appointed to work for us) adopt the authoritarian notion that the government knows best and therefore must control, regulate and dictate almost everything about the citizenry’s public, private and professional lives.

The government’s bureaucratic attempts at muscle-flexing by way of overregulation and overcriminalization have reached such outrageous limits that federal and state governments now require on penalty of a fine that individuals apply for permission before they can grow exotic orchids, host elaborate dinner parties, gather friends in one’s home for Bible studies, give coffee to the homeless, let their kids manage a lemonade stand, keep chickens as pets, or braid someone’s hair, as ludicrous as that may seem.

Consider, for example, that businesses in California must now designate an area of the children’s toy aisle “gender-neutral” or face a fine, whether or not the toys sold are traditionally marketed to girls or boys such as Barbies and Hot Wheels. California schools are prohibited from allowing students to access websites, novels or religious works that reflect negatively on gays. And while Californians are free to have sex with whomever they choose (because that’s none of the government’s business), removing a condom during sex without consent could make you liable for general, special and punitive damages.

Up until a few years ago, Missouri required that anyone wanting to braid African-style hair and charge for it must first acquire a government license, which at a minimum requires the applicant to undertake at least 1500 hours of cosmetology classes costing tens of thousands of dollars. Tennessee was prepared to fine residents nearly $100,000 just for violating its laws against braiding hair without a government license. In Oregon, the law was so broad that you needed a license even if you were planning to braid hair for free. The mere act of touching someone’s hair could render you a cosmetologist operating without a license and in violation of the law.

It’s getting worse.

Almost every aspect of American life today—especially if it is work-related—is subject to this kind of heightened scrutiny and ham-fisted control, whether you’re talking about aspiring “bakers, braiders, casket makers, florists, veterinary masseuses, tour guides, taxi drivers, eyebrow threaders, teeth whiteners, and more.”

For instance, whereas 70 years ago, one out of every 20 U.S. jobs required a state license, today, almost 1 in 3 American occupations requires a license.

The problem of overregulation has become so bad that, as one analyst notes, “getting a license to style hair in Washington takes more instructional time than becoming an emergency medical technician or a firefighter.”

This is what happens when bureaucrats run the show, and the rule of law becomes little more than a cattle prod for forcing the citizenry to march in lockstep with the government.

Overregulation is just the other side of the coin to overcriminalization, that phenomenon in which everything is rendered illegal and everyone becomes a lawbreaker.

This is the mindset that tried to penalize a fisherman with 20 years’ jail time for throwing fish that were too small back into the water.

That same overcriminalization mindset reared its ugly head again when police arrested a 90-year-old man for violating an ordinance that prohibits feeding the homeless in public unless portable toilets are also made available.

It’s no coincidence that both of these incidents—the fishing debacle and the homeless feeding arrest—happened in Florida.

Despite its pristine beaches and balmy temperatures, Florida is no less immune to the problems plaguing the rest of the nation in terms of overcriminalization, incarceration rates, bureaucracy, corruption, and police misconduct.

A few years back, in fact, Florida officials authorized police raids on barber shops in minority communities, resulting in barbers being handcuffed in front of customers, and their shops searched without warrants. All of this was purportedly done in an effort to make sure that the barbers’ licensing paperwork was up to snuff.

As if criminalizing fishing, charity, and haircuts wasn’t bad enough, you could also find yourself passing time in a Florida slammer for such inane activities as singing in a public place while wearing a swimsuit, breaking more than three dishes per day, farting in a public place after 6 pm on a Thursday, and skateboarding without a license.

In this way, the Sunshine State is representative of the transformation happening across the nation, where a steady diet of bread and circuses has given rise to an oblivious, inactive citizenry content to be ruled over by an inflexible and highly bureaucratic regime.

America has gone from being a beacon of freedom to a locked down nation. And “we the people,” sold on the idea that safety, security and material comforts are preferable to freedom, have allowed the government to pave over the Constitution in order to erect a concentration camp.

The problem with these devil’s bargains, however, is that there is always a catch, always a price to pay for whatever it is we valued so highly as to barter away our most precious possessions.

We’ve bartered away our right to self-governance, self-defense, privacy, autonomy and that most important right of all—the right to tell the government to “leave me the hell alone.”

In exchange for the promise of an end to global pandemics, lower taxes, lower crime rates, safe streets, safe schools, blight-free neighborhoods, and readily accessible technology, health care, water, food and power, we’ve opened the door to lockdowns, militarized police, government surveillance, asset forfeiture, school zero tolerance policies, license plate readers, red light cameras, SWAT team raids, health care mandates, overcriminalization, overregulation and government corruption.

In the end, such bargains always turn sour.

We relied on the government to help us safely navigate national emergencies (terrorism, natural disasters, global pandemics, etc.) only to find ourselves forced to relinquish our freedoms on the altar of national security, yet we’re no safer (or healthier) than before.

We asked our lawmakers to be tough on crime, and we’ve been saddled with an abundance of laws that criminalize almost every aspect of our lives. So far, we’re up to 4500 criminal laws and 300,000 criminal regulations that result in average Americans unknowingly engaging in criminal acts at least three times a day. For instance, the family of an 11-year-old girl was issued a $535 fine for violating the Federal Migratory Bird Act after the young girl rescued a baby woodpecker from predatory cats.

We wanted criminals taken off the streets, and we didn’t want to have to pay for their incarceration. What we’ve gotten is a nation that boasts the highest incarceration rate in the world, with more than 2.3 million people locked up, many of them doing time for relatively minor, nonviolent crimes, and a private prison industry fueling the drive for more inmates, who are forced to provide corporations with cheap labor.

A special report by CNBC breaks down the national numbers:

One out of 100 American adults is behind bars — while a stunning one out of 32 is on probation, parole or in prison. This reliance on mass incarceration has created a thriving prison economy. The states and the federal government spend about $74 billion a year on corrections, and nearly 800,000 people work in the industry.

We wanted law enforcement agencies to have the necessary resources to fight the nation’s wars on terror, crime and drugs. What we got instead were militarized police decked out with M-16 rifles, grenade launchers, silencers, battle tanks and hollow point bullets—gear designed for the battlefield, more than 80,000 SWAT team raids carried out every year (many for routine police tasks, resulting in losses of life and property), and profit-driven schemes that add to the government’s largesse such as asset forfeiture, where police seize property from “suspected criminals.”

According to the Washington Post, these funds have been used to buy guns, armored cars, electronic surveillance gear, “luxury vehicles, travel and a clown named Sparkles.” Police seminars advise officers to use their “department wish list when deciding which assets to seize” and, in particular, go after flat screen TVs, cash and nice cars.

In Florida, where police are no strangers to asset forfeiture, Florida police have been carrying out “reverse” sting operations, where they pose as drug dealers to lure buyers with promises of cheap cocaine, then bust them, and seize their cash and cars. Over the course of a year, police in one small Florida town seized close to $6 million using these entrapment schemes.

We fell for the government’s promise of safer roads, only to find ourselves caught in a tangle of profit-driven red light cameras, which ticket unsuspecting drivers in the so-called name of road safety while ostensibly fattening the coffers of local and state governments. Despite widespread public opposition, corruption and systemic malfunctions, these cameras—used in 24 states and Washington, DC—are particularly popular with municipalities, which look to them as an easy means of extra cash.

One small Florida town, population 8,000, generates a million dollars a year in fines from these cameras. Building on the profit-incentive schemes, the cameras’ manufacturers are also pushing speed cameras and school bus cameras, both of which result in heft fines for violators who speed or try to go around school buses.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, this is what happens when the American people get duped, deceived, double-crossed, cheated, lied to, swindled and conned into believing that the government and its army of bureaucrats—the people we appointed to safeguard our freedoms—actually have our best interests at heart.

Yet when all is said and done, who is really to blame when the wool gets pulled over your eyes: you, for believing the con man, or the con man for being true to his nature?

It’s time for a bracing dose of reality, America.

Wake up and take a good, hard look around you, and ask yourself if the gussied-up version of America being sold to you—crime free, worry free, disease free and devoid of responsibility—is really worth the ticket price: nothing less than your freedoms.

Source: https://bit.ly/3BAhgT2

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

A house divided against itself cannot stand. I believe this government cannot endure, permanently, half slave and half free. I do not expect the Union to be dissolved—I do not expect the house to fall—but I do expect it will cease to be divided. It will become all one thing or all the other.”—Abraham Lincoln

History has a funny way of circling back on itself.

The facts, figures, faces and technology may change from era to era, but the dangers remain the same.

This year is no different, whatever the politicians and talking heads may say to the contrary.

Sure, there’s a new guy in charge, but for the most part, we’re still recycling the same news stories that have kept us with one eye warily glued to the news for the past 100-odd years: War. Corruption. Brutality. Economic instability. Partisan politics. Militarism. Disease. Hunger. Greed. Violence. Poverty. Ignorance. Hatred.

The more things change, the more they stay the same.

Brush up on your history, and you’ll find that we’ve been stuck on repeat for some time now.

Take the United States of America in the year 2021, which is not so far different from the United States of America during the Civil Rights era, or the Cold War era, or even the Depression era.

Go far enough afield, and you’ll find aspects of our troubled history mirrored in the totalitarianism of Nazi Germany, in the fascism of Mussolini’s Italy, and further back in the militarism of the Roman Empire.

We’re like TV weatherman Phil Connors in Harold Ramis’ classic 1993 comedy Groundhog Day, forced to live the same day over and over again.

Here in the American police state, however, we continue to wake up, hoping each new day, new president and new year will somehow be different from what has come before.

Unfortunately, no matter how we change the narrative, change the characters, change the plot lines, we seem to keep ending up in the same place that we started: enslaved, divided and repeating the mistakes of the past.

You want to know about the true State of our Nation? Listen up.

The State of the Union: The state of our nation is politically polarized, controlled by forces beyond the purview of the average American, and rapidly moving the nation away from its freedom foundation. Over the past year, due in part to the COVID-19 pandemic, Americans have found themselves repeatedly subjected to egregious civil liberties violations, invasive surveillance, martial law, lockdowns, political correctness, erosions of free speech, strip searches, police shootings of unarmed citizens, government spying, the criminalization of lawful activities, warmongering, etc.

The predators of the police state have wreaked havoc on our freedoms, our communities, and our lives. The government does not listen to the citizenry, refuses to abide by the Constitution, and treats taxpayers as a source of funding and little else. Police officers shoot unarmed citizens and their household pets. Government agents—including local police—remain armed to the teeth and act like soldiers on a battlefield. Bloated government agencies continue to fleece taxpayers. Government technicians spy on our emails and phone calls. And government contractors make a killing by waging endless wars abroad.

Consequently, the state of our nation remains bureaucratic, debt-ridden, violent, militarized, fascist, lawless, invasive, corrupt, untrustworthy, mired in war, and unresponsive to the wishes and needs of the electorate.

The policies of the American police state continue unabated.

The Executive Branch: All of the imperial powers amassed by Donald Trump, Barack Obama and George W. Bush—to kill American citizens without due process, to detain suspects indefinitely, to strip Americans of their citizenship rights, to carry out mass surveillance on Americans without probable cause, to suspend laws during wartime, to disregard laws with which he might disagree, to conduct secret wars and convene secret courts, to sanction torture, to sidestep the legislatures and courts with executive orders and signing statements, to direct the military to operate beyond the reach of the law, to act as a dictator and a tyrant, above the law and beyond any real accountability—were inherited by Joe Biden.

Biden has these powers because every successive occupant of the Oval Office has been allowed to expand the reach and power of the presidency through the use of executive orders, decrees, memorandums, proclamations, national security directives and legislative signing statements that can be activated by any sitting president. Those of us who saw this eventuality coming have been warning for years about the growing danger of the Executive Branch with its presidential toolbox of terror that could be used—and abused—by future presidents. The groundwork, we warned, was being laid for a new kind of government where it won’t matter if you’re innocent or guilty, whether you’re a threat to the nation or even if you’re a citizen. What will matter is what the president—or whoever happens to be occupying the Oval Office at the time—thinks. And if he or she thinks you’re a threat to the nation and should be locked up, then you’ll be locked up with no access to the protections our Constitution provides. In effect, you will disappear.

Our warnings continue to go unheeded.

The Legislative Branch:  Congress may well be the most self-serving, semi-corrupt institution in America. Abuses of office runs the gamut from elected representatives neglecting their constituencies to engaging in self-serving practices, including the misuse of eminent domain, earmarking hundreds of millions of dollars in federal contracting in return for personal gain and campaign contributions, having inappropriate ties to lobbyist groups and incorrectly or incompletely disclosing financial information. Pork barrel spending, hastily passed legislation, partisan bickering, a skewed work ethic, graft and moral turpitude have all contributed to the public’s increasing dissatisfaction with congressional leadership. No wonder only 31 percent of Americans approve of the job Congress is doing.

The Judicial Branch: The Supreme Court was intended to be an institution established to intervene and protect the people against the government and its agents when they overstep their bounds. Yet through their deference to police power, preference for security over freedom, and evisceration of our most basic rights for the sake of order and expediency, the justices of the United States Supreme Court have become the guardians of the American police state in which we now live. As a result, sound judgment and justice have largely taken a back seat to legalism, statism and elitism, while preserving the rights of the people has been deprioritized and made to play second fiddle to both governmental and corporate interests. The courts have empowered the government to wreak havoc on our liberties. Protections for private property continue to be undermined. And Americans can no longer rely on the courts to mete out justice.

Shadow Government: Joe Biden inherited more than a bitterly divided nation teetering on the brink of financial catastrophe when he assumed office. He also inherited a shadow government, one that is fully operational and staffed by unelected officials who are, in essence, running the country. Referred to as the Deep State, this shadow government is comprised of unelected government bureaucrats, corporations, contractors, paper-pushers, and button-pushers who are actually calling the shots behind the scenes right now.

Law Enforcement: By and large the term “law enforcement” encompasses all agents within a militarized police state, including the military, local police, and the various agencies such as the Secret Service, FBI, CIA, NSA, etc. Having been given the green light to probe, poke, pinch, taser, search, seize, strip and generally manhandle anyone they see fit in almost any circumstance, all with the general blessing of the courts, America’s law enforcement officials, no longer mere servants of the people entrusted with keeping the peace but now extensions of the military, are part of an elite ruling class dependent on keeping the masses corralled, under control, and treated like suspects and enemies rather than citizens. As a result, police are becoming even more militarized and weaponized, and police shootings of unarmed individuals continue to increase.

A Suspect Surveillance Society: Every dystopian sci-fi film we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science, technology and a government that wants to be all-seeing, all-knowing and all-powerful. By tapping into your phone lines and cell phone communications, the government knows what you say. By uploading all of your emails, opening your mail, and reading your Facebook posts and text messages, the government knows what you write. By monitoring your movements with the use of license plate readers, surveillance cameras and other tracking devices, the government knows where you go. By churning through all of the detritus of your life—what you read, where you go, what you say—the government can predict what you will do. By mapping the synapses in your brain, scientists—and in turn, the government—will soon know what you remember. And by accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc. Consequently, in the face of DNA evidence that places us at the scene of a crimebehavior sensing technology that interprets our body temperature and facial tics as suspicious, and government surveillance devices that cross-check our biometricslicense plates and DNA against a growing database of unsolved crimes and potential criminals, we are no longer “innocent until proven guilty.”

Military Empire: America’s endless global wars and burgeoning military empire—funded by taxpayer dollars—have depleted our resources, over-extended our military and increased our similarities to the Roman Empire and its eventual demise. Black budget spending has completely undermined any hope of fiscal transparency, with government contractors padding their pockets at the expense of taxpayers and the nation’s infrastructure—railroads, water pipelines, ports, dams, bridges, airports and roads—taking the hit. The U.S. now operates approximately 800 military bases in foreign countries around the globe at an annual cost of at least $156 billion. The consequences of financing a global military presence are dire. In fact, David Walker, former comptroller general of the U.S., believes there are “striking similarities” between America’s current situation and the factors that contributed to the fall of Rome, including “declining moral values and political civility at home, an over-confident and over-extended military in foreign lands and fiscal irresponsibility by the central government.”

I haven’t even touched on the corporate state, the military industrial complex, SWAT team raids, invasive surveillance technology, zero tolerance policies in the schools, overcriminalization, or privatized prisons, to name just a few. However, what I have touched on should be enough to show that the landscape of our freedoms has already changed dramatically from what it once was and will no doubt continue to deteriorate unless Americans can find a way to wrest back control of their government and reclaim their freedoms.

So how do we go about reclaiming our freedoms and reining in our runaway government?

Essentially, there are four camps of thought among the citizenry when it comes to holding the government accountable. Which camp you fall into says a lot about your view of government—or, at least, your view of whichever administration happens to be in power at the time.

In the first camp are those who trust the government to do the right thing, despite the government’s repeated failures in this department.

In the second camp are those who not only don’t trust the government but think the government is out to get them.

In the third camp are those who see government neither as an angel nor a devil, but merely as an entity that needs to be controlled, or as Thomas Jefferson phrased it, bound “down from mischief with the chains of the Constitution.”

Then there’s the fourth camp, comprised of individuals who pay little to no attention to the workings of government. Easily entertained, easily distracted, easily led, these are the ones who make the government’s job far easier than it should be.

It is easy to be diverted, distracted and amused by the antics of politicians, the pomp and circumstance of awards shows, athletic events, and entertainment news, and the feel-good evangelism that passes for religion today.

What is far more difficult to face up to is the reality of life in America, where unemployment, poverty, inequality, injustice and violence by government agents are increasingly norms.

The powers-that-be want us to remain divided, alienated from each other based on our politics, our bank accounts, our religion, our race and our value systems. Yet as George Orwell observed, “The real division is not between conservatives and revolutionaries but between authoritarians and libertarians.”

The only distinction that matters anymore is where you stand in the American police state.

In other words, you’re either part of the problem or part of the solution.

America is at a crossroads.

History may show that from this point forward, we will have left behind any semblance of constitutional government and entered into a militaristic state where all citizens are suspects and security trumps freedom.

Certainly, we have moved beyond the era of representative government and entered a new age: the age of authoritarianism. Even with its constantly shifting terrain, this topsy-turvy travesty of law and government has become America’s new normal.

As long as we continue to put our politics ahead of our principles—moral, legal and constitutional—“we the people” will lose.

And you know who will keep winning by playing on our prejudices, capitalizing on our fears, deepening our distrust of our fellow citizens, and dividing us into polarized, warring camps incapable of finding consensus on the one true menace that is an immediate threat to all of our freedoms? The government.

As I make clear in my book Battlefield America: The War on the American People and its fictional counterpart The Erik Blair Diaries, when we lose sight of the true purpose of government—to protect our rights—and fail to keep the government in its place as our servant, we allow the government to overstep its bounds and become a tyrant that rules by brute force.

Source: https://bit.ly/3hPwhJo

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

“Experience teaches us to be most on our guard to protect liberty when the government’s purposes are beneficent.”—Supreme Court Justice Louis D. Brandeis

A federal COVID-19 vaccination strike force may soon be knocking on your door, especially if you live in a community with low vaccination rates. Will you let them in?

More to the point, are you required to open the door?

The Biden Administration has announced that it plans to send federal “surge response teams” on a “targeted community door-to-door outreach“ to communities with low vaccination rates in order to promote the safety and accessibility of the COVID-19 vaccines.

That’s all fine and good as far as government propaganda goes, but nothing is ever as simple or as straightforward as the government claims, especially not when armed, roving bands of militarized agents deployed by the Nanny State show up at your door with an agenda that is at odds with what Supreme Court Justice Louis Brandeis referred to as the constitutional “right to be let alone.”

Any attempt by the government to encroach upon the citizenry’s privacy rights or establish a system by which the populace can be targeted, tracked and singled out must be met with extreme caution. These door-to-door “visits” by COVID-19 surge response teams certainly qualify as a government program whose purpose, while seemingly benign, raises significant constitutional concerns.

First, there is the visit itself.

While government agents can approach, speak to and even question citizens without violating the Fourth Amendment, Americans have a right not to answer questions or even speak with a government agent.

Courts have upheld these “knock and talk” visits as lawful, reasoning that even though the curtilage of the home is protected by the Fourth Amendment, there is an implied license to approach a residence, knock on the door/ring the bell, and seek to contact occupants. However, the encounter is wholly voluntary and a person is under no obligation to speak with a government agent in this situation. 

Indeed, you don’t even need to answer or open the door in response to knocking/ringing by a government agent, and if you do answer the knock, you can stop speaking at any time. You also have the right to demand that government agents leave the property once the purpose of the visit is established. Government officials would not be enforcing any law or warrant in this context, and so they don’t have the authority of law to remain on the property after a homeowner or resident specifically revokes the implied license to come onto the property.

When the government’s actions go beyond merely approaching the door and knocking, it risks violating the Fourth Amendment, which requires a warrant and probable cause of possible wrongdoing in order to search one’s property. A government agent would violate the Fourth Amendment if he snooped around the premises, peering into window and going to other areas in search of residents. 

It should be pointed out that some judges (including Supreme Court Justice Gorsuch) believe that placing “No Trespassing” signs or taking other steps to impede access to the door is sufficient to negate any implied permission for government agents or others to approach your home, but this view does not have general acceptance.

While in theory one can refuse to speak with police or other government officials during a “knock and talk” encounter, as the courts have asserted as a justification for dismissing complaints about this police investigative tactic, the reality is far different. Indeed, it is unreasonable to suggest that individuals caught unaware by these tactics will not feel pressured in the heat of the moment to comply with a request to speak with government agents who display official credentials and are often heavily armed, let alone allow them to search one’s property. Even when such consent is denied, police have been known to simply handcuff the homeowner and conduct a search over his objections.

Second, there is the danger inherent in these knock-and-talk encounters.

Although courts have embraced the fiction that “knock and talks” are “voluntary” encounters that are no different from other door-to-door canvassing, these constitutionally dubious tactics are highly intimidating confrontations meant to pressure individuals into allowing police access to one’s home, which then paves the way for a warrantless search of one’s home and property.

The act of going to homes and taking steps to speak with occupants is akin to the “knock and talk” tactic used by police, which can be fraught with danger for homeowners and government agents alike. Indeed, “knock-and-talk” policing has become a thinly veiled, warrantless exercise by which citizens are coerced and intimidated into “talking” with heavily armed police who “knock” on their doors in the middle of the night.

“Knock-and-shoot” policing might be more accurate, however.

“Knock and talks” not only constitute severe violations of the privacy and security of homeowners, but the combination of aggression and surprise employed by police is also a recipe for a violent confrontation that rarely ends well for those on the receiving end of these tactics.

For example, although 26-year-old Andrew Scott had committed no crime and never fired a single bullet or threatened police, he was gunned down by police who knocked aggressively on the wrong door at 1:30 am, failed to identify themselves as police, and then repeatedly shot and killed Scott when he answered the door while holding a gun in self-defense. The police were investigating a speeding incident by engaging in a middle-of-the-night “knock and talk” in Scott’s apartment complex.

Carl Dykes was shot in the face by a county deputy who pounded on Dykes’ door in the middle of the night without identifying himself. Because of reports that inmates had escaped from a local jail, Dykes brought a shotgun with him when he answered the door.

As these and other incidents make clear, while Americans have a constitutional right to question the legality of a police action or resist an unlawful police order, doing so can often get one arrested, shot or killed.

Third, there is the question of how the government plans to use the information it obtains during these knock-and-talk visits.

Because the stated purpose of the program is to promote vaccination, homeowners and others who reside at the residence will certainly be asked if they are vaccinated. Again, you have a right not to answer this or any other question. Indeed, an argument could be made that even asking this question is improper if the purpose of the program is merely to ensure that Americans “have the information they need on how both safe and accessible the vaccine is.”

Under the Privacy Act, 5 U.S.C. 552a, an agency should only collect and maintain information about an individual as is “relevant and necessary to accomplish a purpose of the agency.” In this situation, the government agent could accomplish the purpose of assuring persons have information about the vaccine simply by providing that information (either in writing or orally) and would not need to know the vaccination status of the residents. To the extent the agents do request, collect and store information about residents’ vaccination status, this could be a Privacy Act violation.

Of course, there is always the danger that this program could be used for other, more nefarious, purposes not related to vaccination encouragement. As with knock-and-talk policing, government agents might misuse their appearance of authority to gain entrance to a residence and obtain other information about it and those who live there. Once the door is opened by a resident, anything the agents can see from their vantage point can be reported to law enforcement authorities.

Moreover, while presumably the targeting will be of areas with demonstrated low vaccination rates, there is no guarantee that this program would not be used as cover for conducting surveillance on areas deemed to be “high crime” areas as a way of obtaining intelligence for law enforcement purposes.

We’ve been down this road before, with the government sending its spies to gather intel on American citizens by questioning them directly, or by asking their neighbors to snitch on them.

Remember the egregiously invasive and intrusive American Community Survey?

Unlike the traditional census, which collects data every ten years, the American Community Survey (ACS) is sent to about 3 million homes per year at a reported cost of hundreds of millions of dollars. Moreover, while the traditional census is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS is much more intrusive, asking questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among other highly personal and private matters.

Individuals who receive the ACS must complete it or be subject to monetary penalties. Although no reports have surfaced of individuals actually being penalized for refusing to answer the survey, the potential fines that can be levied for refusing to participate in the ACS are staggering. For every question not answered, there is a $100 fine. And for every intentionally false response to a question, the fine is $500. Therefore, if a person representing a two-person household refused to fill out any questions or simply answered nonsensically, the total fines could range from upwards of $10,000 and $50,000 for noncompliance.

At 28 pages (with an additional 16-page instruction packet), the ACS contains some of the most detailed and intrusive questions ever put forth in a census questionnaire. These concern matters that the government simply has no business knowing, including questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among others. For instance, the ACS asks how many persons live in your home, along with their names and detailed information about them such as their relationship to you, marital status, race and their physical, mental and emotional problems, etc. The survey also asks how many bedrooms and bathrooms you have in your house, along with the fuel used to heat your home, the cost of electricity, what type of mortgage you have and monthly mortgage payments, property taxes and so on.

However, that’s not all.

The survey also demands to know how many days you were sick last year, how many automobiles you own and the number of miles driven, whether you have trouble getting up the stairs, and what time you leave for work every morning, along with highly detailed inquiries about your financial affairs. And the survey demands that you violate the privacy of others by supplying the names and addresses of your friends, relatives and employer. The questionnaire also demands that you give other information on the people in your home, such as their educational levels, how many years of school were completed, what languages they speak and when they last worked at a job, among other things.

While some of the ACS’ questions may seem fairly routine, the real danger is in not knowing why the information is needed, how it will be used by the government or with whom it will be shared.

Finally, you have the right to say “no.”

Whether police are knocking on your door at 2 am or 2:30 pm, as long as you’re being “asked” to talk to a police officer who is armed to the teeth and inclined to kill at the least provocation, you don’t really have much room to resist, not if you value your life.

Mind you, these knock-and-talk searches are little more than police fishing expeditions carried out without a warrant.

The goal is intimidation and coercion.

Unfortunately, with police departments increasingly shifting towards pre-crime policing and relying on dubious threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state, we’re going to see more of these warrantless knock-and-talk police tactics by which police attempt to circumvent the Fourth Amendment’s warrant requirement and prohibition on unreasonable searches and seizures.

Here’s the bottom line.

These agents are coming to your home with one purpose in mind: to collect information on you.

It’s a form of intimidation, of course. You shouldn’t answer any questions you’re uncomfortable answering about your vaccine history or anything else. The more information you give them, the more it can be used against you. Just ask them politely but firmly to leave.

In this case, as in so many interactions with government agents, the First, Fourth and Fifth Amendments (and your cell phone recording the encounter) are your best protection.

Under the First Amendment, you don’t have to speak (to government officials or anyone else). The Fourth Amendment protects you against unreasonable searches and seizures by the government. And under the Fifth Amendment, you have a right to remain silent and not say anything which might be used against you.

You can also post a “No Trespassing” sign on your property to firmly announce that you are exercising your right to be left alone. If you see government officials wandering around your property and peering through windows, in my opinion, you have a violation of the Fourth Amendment. Government officials can ring the doorbell, but once you put them on notice that it’s time for them to leave, they can’t stay on your property.

It’s important to be as clear as possible and inform them that you will call the police if they don’t leave. You may also wish to record your encounter with the government agent. If they still don’t leave, immediately call the local police and report a trespasser on your property.

Remember, you have rights.

The government didn’t want us to know about—let alone assert—those rights during this whole COVID-19 business.

After all, for years now, the powers-that-be—those politicians and bureaucrats who think like tyrants and act like petty dictators regardless of what party they belong to—have attempted to brainwash us into believing that we have no right to think for ourselves, make decisions about our health, protect our homes and families and businesses, act in our best interests, demand accountability and transparency from government, or generally operate as if we are in control of our own lives.

But we have every right, and you know why?

Because as the Declaration of Independence states, we are endowed by our Creator with certain inalienable rights—to life, liberty, property and the pursuit of happiness—that no government can take away from us.

Unfortunately, that hasn’t stopped the government from constantly trying to usurp our freedoms at every turn. Indeed, the nature of government is such that it invariably oversteps its limits, abuses its authority, and flexes its totalitarian muscles.

Take this COVID-19 crisis, for example.

What started out as an apparent effort to prevent a novel coronavirus from sickening the nation (and the world) has become yet another means by which world governments (including our own) can expand their powers, abuse their authority, and further oppress their constituents.

The government has made no secret of its plans.

Just follow the money trail, and you’ll get a sense of what’s in store: more militarized police, more SWAT team raids, more surveillance, more lockdowns, more strong-armed tactics aimed at suppressing dissent and forcing us to comply with the government’s dictates.

It’s chilling to think about, but it’s not surprising.

In many ways, this COVID-19 state of emergency has invested government officials (and those who view their lives as more valuable than ours) with a sanctimonious, self-righteous, arrogant, Big Brother Knows Best approach to top-down governing, and the fall-out can be seen far and wide.

It’s an ugly, self-serving mindset that views the needs, lives and rights of “we the people” as insignificant when compared to those in power.

That’s how someone who should know better such as Alan Dershowitz, a former Harvard law professor, can suggest that a free people—born in freedom, endowed by their Creator with inalienable rights, and living in a country birthed out of a revolutionary struggle for individual liberty—have no rights to economic freedom, to bodily integrity, or to refuse to comply with a government order with which they disagree.

According to Dershowitz, who has become little more than a legal apologist for the power elite, “You have no right not to be vaccinated, you have no right not to wear a mask, you have no right to open up your business… And if you refuse to be vaccinated, the state has the power to literally take you to a doctor’s office and plunge a needle into your arm.”

Dershowitz is wrong: as I make clear in my book Battlefield America: The War on the American People, while the courts may increasingly defer to the government’s brand of Nanny State authoritarianism, we still have rights.

The government may try to abridge those rights, it may refuse to recognize them, it may even attempt to declare martial law and nullify them, but it cannot litigate, legislate or forcefully eradicate them out of existence.

Source: https://bit.ly/2U4yszD

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

“A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”—The Second Amendment to the US Constitution

You can largely determine where a person will fall in the debate over gun control and the Second Amendment based on their view of government and the role it should play in our lives.

In the first group are those who see the government as a Nanny State, empowered to look out for the best interests of the populace, even when that means overriding our rights as individuals and free will.

These individuals tend to interpret the Second Amendment to mean that only members of law enforcement and the military are entitled to own a gun. Case in point: President Biden recently (and wrongly) asserted that “the Second Amendment, from the day it was passed, limited the type of people who could own a gun and what type of weapon you could own. You couldn’t buy a cannon.”

In the second group are those who see the government as inherently corrupt.

These individuals tend to view the Second Amendment as a means of self-defense, whether that involves defending themselves against threats to their freedoms or threats from individuals looking to harm them. For instance, eleven men were recently arrested for traveling on the interstate with unlicensed guns that were not secured in a case. The group, reportedly associated with a sovereign citizens group, claimed to be traveling from Rhode Island to Maine for militia training.

And then there is a third group, made up of those who view the government as neither good nor evil, but merely a powerful entity that, as Thomas Jefferson recognized, must be bound “down from mischief by the chains of the Constitution.” To this group, the Second Amendment’s assurance of the people’s right to bear arms is no different from any other right enshrined in the Constitution: to be safeguarded, exercised prudently and maintained.

How to exercise this right is the question that keeps jockeying for supremacy before the U.S. Supreme Court. After declaring more than a decade ago that citizens have a Second Amendment right to own a gun in one’s home for self-defense, the Court has now been tasked with deciding whether the Constitution also protects the right to carry a gun outside the home. The case, NY State Rifle & Pistol Assoc. v. Corlett, takes issue with a state law that requires a license in order to carry a concealed gun outside the home.

On the heels of Corlett is another legal challenge to the state’s authority to regulate—or ban outright—gun ownership outside the home. The attorneys general of 21 states—including Louisiana, Arizona, Montana, Alabama, Arkansas, Georgia, Idaho, Kansas, Kentucky, Mississippi, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wyoming—have filed an amicus brief in Young v. Hawaii asking the Supreme Court to uphold Hawaiians’ Second Amendment rights to bear arms outside their homes.

Unfortunately, while the various federal circuit courts of appeal continue to disagree over the exact nature of the rights protected by the Second Amendment, the government itself has made its position extremely clear.

When it comes to gun rights in particular, and the rights of the citizenry overall, the U.S. government has adopted a “do what I say, not what I do” mindset. Nowhere is this double standard more evident than in the government’s attempts to arm itself to the teeth, all the while viewing as suspect anyone who dares to legally own a gun, let alone use one in self-defense.

Indeed, while it still technically remains legal to own a firearm in America, possessing one can now get you pulled over, searched, arrested, subjected to all manner of surveillance, treated as a suspect without ever having committed a crime, shot at, and killed. (This same rule does not apply to law enforcement officials, however, who are armed to the hilt and rarely given more than a slap on the wrists for using their weapons against unarmed individuals.)

Now the Biden Administration is setting its sights on gun control.

Mark my words: gun control legislation, especially in the form of red flag gun laws, which allow the police to remove guns from people “suspected” of being threats, will become yet another means by which to subvert the Constitution and sabotage the rights of the people.

Giving police the power to preemptively raid homes in order to neutralize a potential threat is a powder keg waiting for a lit match.

Under these red flag laws, what happened to Duncan Lemp—who was gunned down in his bedroom during an early morning, no-knock SWAT team raid on his family’s home—could very well happen to more people.

At 4:30 a.m. on March 12, 2020, in the midst of a COVID-19 pandemic that had most of the country under a partial lockdown and sheltering at home, a masked SWAT team—deployed to execute a “high risk” search warrant for unauthorized firearms—stormed the suburban house where 21-year-old Duncan, a software engineer and Second Amendment advocate, lived with his parents and 19-year-old brother.

The entire household, including Lemp and his girlfriend, was reportedly asleep when the SWAT team directed flash bang grenades and gunfire through Lemp’s bedroom window.

Lemp was killed and his girlfriend injured.

No one in the house that morning, including Lemp, had a criminal record.

No one in the house that morning, including Lemp, was considered an “imminent threat” to law enforcement or the public, at least not according to the search warrant.

So what was so urgent that militarized police felt compelled to employ battlefield tactics in the pre-dawn hours of a day when most people are asleep in bed, not to mention stuck at home as part of a nationwide lockdown?

According to police, they were tipped off that Lemp was in possession of “firearms.”

Thus, rather than approaching the house by the front door at a reasonable hour in order to investigate this complaint—which is what the Fourth Amendment requires—police instead strapped on their guns, loaded up their flash bang grenades and acted like battle-crazed warriors.

This is what happens when you adopt red flag gun laws, which Maryland did in 2018, painting anyone who might be in possession of a gun—legal or otherwise—as a threat that must be neutralized.

Meanwhile, 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 placing orders for hundreds of millions of rounds of hollow point bullets. Moreover, under the auspices of a military “recycling” program, which allows local police agencies to acquire military-grade weaponry and equipment, $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these “gifts” are tank-like 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

Ironically, while the Biden administration’s gun control efforts have helped to spike gun sales nationally, the government has made no effort to curtail its own addiction to weapons of war, a significant number of which have conveniently been “lost” and used in violent crimes in communities across the U.S.

We’re talking about rifles, pistols, machine guns, shot guns, and grenades. Some of these weapons were lost through gross negligence. Others, however, were trafficked by military police.

The U.S. military boasts weapons the rest of the world doesn’t have, and it continues to develop even more weaponry, each deadlier than the last.

Make no mistake: every last one of these weapons will eventually make its way back to domestic police forces to be used against the American people.

Included in the government’s military arsenal are armed, surveillance Reaper drones capable of reading a license plate from over two miles away; an AA12 Atchisson Assault Shotgun that can shoot five 12-gauge shells per second and “can fire up to 9,000 rounds without being cleaned or jamming”; an ADAPTIV invisibility cloak that can make a tank disappear or seemingly reshape it to look like a car; a PHASR rifle capable of blinding and disorienting anyone caught in its sights; a Taser shockwave that can electrocute a crowd of people at the touch of a button; an XM2010 enhanced sniper rifle with built-in sound and flash suppressors that can hit a man-sized target nine out of ten times from over a third of a mile away; and an XM25 “Punisher” grenade launcher that can be programmed to accurately shoot grenades at a target up to 500 meters away.

What the government has yet to acknowledge, however, is that its own gun violence—inflicted on unarmed individuals by battlefield-trained SWAT teams, militarized police, and bureaucratic government agents trained to shoot first and ask questions later—is not making America any safer.

Indeed, the U.S. government may be the most egregious perpetrator of gun violence in America, bar none.

All the while gun critics continue to clamor for bans on military-style assault weapons, high-capacity magazines and armor-piercing bullets, the U.S. military is passing them out to domestic police forces.

Under the auspices of a military “recycling” program, which allows local police agencies to acquire military-grade weaponry and equipment, more than $4.2 billion worth of equipment has been transferred from the Defense Department to domestic police agencies since 1990. Included among these “gifts” are tank-like, 20-ton Mine Resistant Ambush Protected (MRAP) vehicles, tactical gear, and assault rifles.

There are now reportedly more bureaucratic (non-military) government agents armed with high-tech, deadly weapons than U.S. Marines.

While Americans have to jump through an increasing number of hoops in order to own a gun, the government is arming its own civilian employees to the hilt with guns, ammunition and military-style equipment, authorizing them to make arrests, and training them in military tactics.

Among the agencies being supplied with night-vision equipment, body armor, hollow-point bullets, shotguns, drones, assault rifles and LP gas cannons are the Smithsonian, U.S. Mint, Health and Human Services, IRS, FDA, Small Business Administration, Social Security Administration, National Oceanic and Atmospheric Administration, Education Department, Energy Department, Bureau of Engraving and Printing and an assortment of public universities.

This is the double standard at play here.

How is it that while violence has become our government’s calling card, from the more than 80,000 SWAT team raids carried out every year on unsuspecting Americans by heavily armed, black-garbed commandos and the increasingly rapid militarization of local police forces across the country to the drone killings used to target insurgents, “we the people” are the ones who must be regulated, restricted and banned from owning a weapon?

If we’re truly going to get serious about gun violence, why not start by scaling back the American police state’s weapons of war?

I’ll tell you why: because the government has no intention of scaling back on its weapons.

We’ve allowed ourselves to get so focused on debating who or what is responsible for gun violence—the guns, the gun owners, or our violent culture—and whether the Second Amendment “allows” us to own guns that we’ve overlooked the most important and most consistent theme throughout the Constitution: the fact that it is not merely an enumeration of our rights but was intended to be a clear shackle on the government’s powers.

When considered in the context of prohibitions against the government, the Second Amendment reads as a clear rebuke against any attempt to restrict the citizenry’s gun ownership.

As such, it is as necessary an ingredient for maintaining that tenuous balance between the citizenry and their republic as any of the other amendments in the Bill of Rights, especially the right to freedom of speech, assembly, press, petition, security, and due process.

Supreme Court Justice William O. Douglas understood this tension well. “The Constitution is not neutral,” he remarked, “It was designed to take the government off the backs of people.”

In this way, the freedoms enshrined in the Bill of Rights in their entirety stand as a bulwark against a police state.

To our detriment, these rights have been steadily weakened, eroded and undermined in recent years. Yet without any one of them, including the Second Amendment right to own and bear arms, we are that much more vulnerable to the vagaries of out-of-control policemen, benevolent dictators, genuflecting politicians, and overly ambitious bureaucrats.

When all is said and done, the debate over gun ownership really has little to do with gun violence in America. It’s also not even a question of whether Americans need weapons to defend themselves against any overt threats to our safety or wellbeing.

Truly, the debate over gun ownership in America is really a debate over who gets to call the shots and control the game.

In other words, it’s that same tug-of-war that keeps getting played out in every confrontation between the government and the citizenry over who gets to be the master and who is relegated to the part of the servant.

The Constitution, with its multitude of prohibitions on government overreach, is clear on this particular point. As 20th century libertarian Edmund A. Opitz observed in 1964, “No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words ‘no’ and ‘not’ employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.”

In a nutshell, as I make clear in Battlefield America: The War on the American People, the Second Amendment’s right to bear arms reflects not only a concern for one’s personal defense, but serves as a check on the political power of the ruling authorities.

It represents an implicit warning against governmental encroachments on one’s freedoms, the warning shot over the bow to discourage any unlawful violations of our persons or property.

As such, it reinforces that necessary balance in the citizen-state relationship. As George Orwell, who plays a starring role in my new novel The Erik Blair Diaries, noted, “That rifle hanging on the wall of the working-class flat or labourer’s cottage is the symbol of democracy. It is our job to see that it stays there.”

Source: https://bit.ly/2VfoOdK

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

“There is now the capacity to make tyranny total in America.”― James Bamford

It never fails.

Just as we get a glimmer of hope that maybe, just maybe, there might be a chance of crawling out of this totalitarian cesspool in which we’ve been mired, we get kicked down again.

In the same week that the U.S. Supreme Court unanimously declared that police cannot carry out warrantless home invasions in order to seize guns under the pretext of their “community caretaking” duties, the Biden Administration announced its plans for a “precrime” crime prevention agency.

Talk about taking one step forward and two steps back.

Precrime, straight out of the realm of dystopian science fiction movies such as Minority Report, aims to prevent crimes before they happen by combining widespread surveillance, behavior prediction technologies, data mining, precognitive technology, and neighborhood and family snitch programs to enable police to capture would-be criminals before they can do any damage.

This particular precrime division will fall under the Department of Homeland Security, the agency notorious for militarizing the police and SWAT teams; spying on activists, dissidents and veterans; stockpiling ammunition; distributing license plate readers; contracting to build detention camps; tracking cell-phones with Stingray devices; carrying out military drills and lockdowns in American cities; using the TSA as an advance guard; conducting virtual strip searches with full-body scanners; carrying out soft target checkpoints; directing government workers to spy on Americans; conducting widespread spying networks using fusion centers; carrying out Constitution-free border control searches; funding city-wide surveillance cameras; and utilizing drones and other spybots.

The intent, of course, is for the government to be all-seeing, all-knowing and all-powerful in its preemptive efforts to combat domestic extremism.

Where we run into trouble is when the government gets overzealous and over-ambitious and overreaches.

This is how you turn a nation of citizens into snitches and suspects.

In the blink of an eye, ordinary Americans will find themselves labeled domestic extremists for engaging in lawful behavior that triggers the government’s precrime sensors.

Of course, it’s an elaborate setup: we’ll all be targets.

In such a suspect society, the burden of proof is reversed so that guilt is assumed and innocence must be proven.

It’s the American police state’s take on the dystopian terrors foreshadowed by George Orwell, Aldous Huxley and Phillip K. Dick all rolled up into one oppressive pre-crime and pre-thought crime package.

What’s more, the technocrats who run the surveillance state don’t even have to break a sweat while monitoring what you say, what you read, what you write, where you go, how much you spend, whom you support, and with whom you communicate.

Computers now do the tedious work of trolling social media, the internet, text messages and phone calls for potentially anti-government remarks, all of which is carefully recorded, documented, and stored to be used against you someday at a time and place of the government’s choosing.

In this way, with the help of automated eyes and ears, a growing arsenal of high-tech software, hardware and techniques, government propaganda urging Americans to turn into spies and snitches, as well as social media and behavior sensing software, government agents are spinning a sticky spider-web of threat assessments, behavioral sensing warnings, flagged “words,” and “suspicious” activity reports aimed at snaring potential enemies of the state.

It works the same in any regime.

As Professor Robert Gellately notes in his book Backing Hitler about the police state tactics used in Nazi Germany: “There were relatively few secret police, and most were just processing the information coming in. I had found a shocking fact. It wasn’t the secret police who were doing this wide-scale surveillance and hiding on every street corner. It was the ordinary German people who were informing on their neighbors.”

Here’s the thing as the Germans themselves quickly discovered: you won’t have to do anything illegal or challenge the government’s authority in order to be flagged as a suspicious character, labeled an enemy of the state and locked up like a dangerous criminal.

In fact, all you will need to do is use certain trigger words, surf the internet, communicate using a cell phone, drive a car, stay at a hotel, purchase materials at a hardware store, take flying or boating lessons, appear suspicious to a neighbor, question government authority, or generally live in the United States.

The following activities are guaranteed to get you censored, surveilled, eventually placed on a government watch list, possibly detained and potentially killed.

Use harmless trigger words like cloud, pork and pirates: The Department of Homeland Security has an expansive list of keywords and phrases it uses to monitor social networking sites and online media for signs of terrorist or other threats. While you’ll definitely send up an alert for using phrases such as dirty bomb, Jihad and Agro terror, you’re just as likely to get flagged for surveillance if you reference the terms SWAT, lockdown, police, cloud, food poisoning, pork, flu, Subway, smart, delays, cancelled, la familia, pirates, hurricane, forest fire, storm, flood, help, ice, snow, worm, warning or social media.

Use a cell phone: Simply by using a cell phone, you make yourself an easy target for government agents—working closely with corporations—who can listen in on your phone calls, read your text messages and emails, and track your movements based on the data transferred from, received by, and stored in your cell phone. Mention any of the so-called “trigger” words in a conversation or text message, and you’ll get flagged for sure.

Drive a car: Unless you’ve got an old junkyard heap without any of the gadgets and gizmos that are so attractive to today’s car buyers (GPS, satellite radio, electrical everything, smart systems, etc.), driving a car today is like wearing a homing device: you’ll be tracked from the moment you open that car door thanks to black box recorders and vehicle-to-vehicle communications systems that can monitor your speed, direction, location, the number of miles traveled, and even your seatbelt use. Once you add satellites, GPS devices, license plate readers, and real-time traffic cameras to the mix, there’s nowhere you can go on our nation’s highways and byways that you can’t be followed. By the time you add self-driving cars into the futuristic mix, equipped with computers that know where you want to go before you do, privacy and autonomy will be little more than distant mirages in your rearview mirror.

Attend a political rally: Enacted in the wake of 9/11, the Patriot Act redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience were considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

Express yourself on social media: The FBI, CIA, NSA and other government agencies are investing in and relying on corporate surveillance technologies that can mine constitutionally protected speech on social media platforms such as Facebook, Twitter and Instagram in order to identify potential extremists and predict who might engage in future acts of anti-government behavior. A decorated Marine, 26-year-old Brandon Raub was targeted by the Secret Service because of his Facebook posts, interrogated by government agents about his views on government corruption, arrested with no warning, labeled mentally ill for subscribing to so-called “conspiratorial” views about the government, detained against his will in a psych ward for having “dangerous” opinions, and isolated from his family, friends and attorneys.

Serve in the militaryOperation Vigilant Eagle, the brainchild of the Dept. of Homeland Security, calls for surveillance of military veterans returning from Iraq and Afghanistan, characterizing them as extremists and potential domestic terrorist threats because they may be “disgruntled, disillusioned or suffering from the psychological effects of war.” Police agencies are also using Beware, an “early warning” computer system that tips them off to a potential suspect’s inclination to be a troublemaker and assigns individuals a color-coded threat score—green, yellow or red—based on a variety of factors including one’s criminal records, military background, medical history and social media surveillance.

Disagree with a law enforcement official: A growing number of government programs are aimed at identifying, monitoring and locking up anyone considered potentially “dangerous” or mentally ill (according to government standards, of course). For instance, a homeless man in New York City who reportedly had a history of violence but no signs of mental illness was forcibly detained in a psych ward for a week after arguing with shelter police. Despite the fact that doctors cited no medical reason to commit him, the man was locked up in accordance with a $22 million program that monitors mentally ill people considered “potentially” violent. According to the Associated Press, “A judge finally ordered his release, ruling that the man’s commitment violated his civil rights and that bureaucrats had meddled in his medical treatment.”

Call in sick to work: In Virginia, a so-called police “welfare check” instigated by a 58-year-old man’s employer after he called in sick resulted in a two-hour, SWAT team-style raid on the man’s truck and a 72-hour mental health hold. During the standoff, a heavily armed police tactical team confronted Benjamin Burruss as he was leaving an area motel, surrounded his truck, deployed a “stinger” device behind the rear tires, launched a flash grenade, smashed the side window in order to drag him from the truck, handcuffed and searched him, and transported him to a local hospital for a psychiatric evaluation and mental health hold. All of this was done despite the fact that police acknowledged they had no legal basis nor probable cause for detaining Burruss, given that he had not threatened to harm anyone and was not mentally ill.

Limp or stutter: As a result of a nationwide push to certify a broad spectrum of government officials in mental health first-aid training (a 12-hour course comprised of PowerPoint presentations, videos, discussions, role playing and other interactive activities), more Americans are going to run the risk of being reported for having mental health issues by non-medical personnel. Mind you, once you get on such a government watch list—whether it’s a terrorist watch list, a mental health watch list, or a dissident watch list—there’s no clear-cut way to get off, whether or not you should actually be on there. For instance, one 37-year-old disabled man was arrested, diagnosed by police and an unlicensed mental health screener as having “mental health issues,” apparently because of his slurred speech and unsteady gait, and subsequently locked up for five days in a mental health facility against his will and with no access to family and friends. A subsequent hearing found that Gordon Goines, who suffers from a neurological condition similar to multiple sclerosis, has no mental illness and should not have been confined.

Appear confused or nervous, fidget, whistle or smell bad: According to the Transportation Security Administration’s 92-point secret behavior watch list for spotting terrorists, these are among some of the telling signs of suspicious behavior: fidgeting, whistling, bad body odor, yawning, clearing your throat, having a pale face from recently shaving your beard, covering your mouth with your hand when speaking and blinking your eyes fast. You can also be pulled aside for interrogation if you “have ‘unusual items,’ like almanacs and ‘numerous prepaid calling cards or cell phones.’” One critic of the program accurately referred to the program as a “license to harass.”

Allow yourself to be seen in public waving a toy gun or anything remotely resembling a gun, such as a water nozzle or a remote control or a walking cane, for instance: No longer is it unusual to hear about incidents in which police shoot unarmed individuals first and ask questions later. John Crawford was shot by police in an Ohio Wal-Mart for holding an air rifle sold in the store that he may have intended to buy. Thirteen-year-old Andy Lopez Cruz was shot 7 times in 10 seconds by a California police officer who mistook the boy’s toy gun for an assault rifle. Christopher Roupe, 17, was shot and killed after opening the door to a police officer. The officer, mistaking the Wii remote control in Roupe’s hand for a gun, shot him in the chest. Another police officer repeatedly shot 70-year-old Bobby Canipe during a traffic stop. The cop saw the man reaching for his cane and, believing the cane to be a rifle, opened fire.

Stare at a police officer: Miami-Dade police slammed the 14-year-old Tremaine McMillian to the ground, putting him in a chokehold and handcuffing him after he allegedly gave them “dehumanizing stares” and walked away from them, which the officers found unacceptable.

Appear to be pro-gun, pro-freedom or anti-government: You might be a domestic terrorist in the eyes of the FBI (and its network of snitches) if you: express libertarian philosophies (statements, bumper stickers); exhibit Second Amendment-oriented views (NRA or gun club membership); read survivalist literature, including apocalyptic fictional books; show signs of self-sufficiency (stockpiling food, ammo, hand tools, medical supplies); fear an economic collapse; buy gold and barter items; subscribe to religious views concerning the book of Revelation; voice fears about Big Brother or big government; expound about constitutional rights and civil liberties; or believe in a New World Order conspiracy. This is all part of a larger trend in American governance whereby dissent is criminalized and pathologized, and dissenters are censored, silenced or declared unfit for society. 

Attend a public school: Microcosms of the police state, America’s public schools contain almost every aspect of the militarized, intolerant, senseless, overcriminalized, legalistic, surveillance-riddled, totalitarian landscape that plagues those of us on the “outside.” From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement. Additionally, as part of the government’s so-called ongoing war on terror, the FBI—the nation’s de facto secret police force—has been recruiting students and teachers to spy on each other and report anyone who appears to have the potential to be “anti-government” or “extremist” as part of its “Don’t Be a Puppet” campaign.

Speak truth to power: Long before Chelsea Manning and Edward Snowden were being castigated for blowing the whistle on the government’s war crimes and the National Security Agency’s abuse of its surveillance powers, it was activists such as Martin Luther King Jr. and John Lennon who were being singled out for daring to speak truth to power. These men and others like them had their phone calls monitored and data files collected on their activities and associations. For a little while, at least, they became enemy number one in the eyes of the U.S. government.

Yet as I point out in my book Battlefield America: The War on the American People, you don’t even have to be a dissident to get flagged by the government for surveillance, censorship and detention.

All you really need to be is a citizen of the American police state.

Source: https://bit.ly/3hDJB3D

ABOUT JOHN W. WHITEHEAD

Constitutional attorney and author John W. Whitehead is founder and president The Rutherford Institute. His books Battlefield America: The War on the American People and A Government of Wolves: The Emerging American Police State are available at www.amazon.com. He can be contacted at johnw@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.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.

How ‘secure’ do our homes remain if police, armed with no warrant, can pound on doors at will and … forcibly enter?”—Supreme Court Justice Ruth Bader Ginsburg, the lone dissenter in Kentucky v. King

Americans are not safe in their homes.

Not anymore, at least.

This present menace comes from the government and its army of bureaucratized, corporatized, militarized mercenaries who are waging war on the last stronghold left to us as a free people: the sanctity of our homes.

The weapons of this particular war on our personal security and our freedoms include an abundance of laws that criminalize almost everything we do, a government that views our private property as its own, militarized police who have been brainwashed into believing that they operate above the law, courts that insulate police from charges of wrongdoing, legislatures that legitimize the government’s usurpations of our rights, and a populace that is so ignorant of their rights and distracted by partisan politics as to be utterly incapable of standing up to the government’s overreaches, incursions and power grabs.

This is how far the mighty have fallen.

Government agents—with or without a warrant, with or without probable cause that criminal activity is afoot, and with or without the consent of the homeowner—are now justified in mounting home invasions in order to pursue traffic violators, seize lawfully-owned weapons, carry out knock-and-talk “chats” with homeowners in the dead of night, “prevent” individuals from harming themselves, provide emergency aid, intervene in the face of imminent danger, serve as community caretakers, chase down individuals suspected of committing misdemeanor crimes, and anything else they can get away with.

This doesn’t even begin to touch on the many ways the government and its corporate partners-in-crime may be using surveillance technology—with or without the blessing of the courts—to invade one’s home: with wiretaps, thermal imaging, surveillance cameras, and other monitoring devices.

However, while the courts and legislatures have yet to fully address the implications of such virtual intrusions on our Fourth Amendment, there is no mistaking the physical intrusions by police into the privacy of one’s home: the toehold entry, the battering ram, the SWAT raid, the knock-and-talk conversation, etc.

Whether such intrusions, warranted or otherwise, are unconstitutional continues to be litigated, legislated and debated.

The spirit of the Constitution, drafted by men who chafed against the heavy-handed tyranny of an imperial ruler, would suggest that one’s home is a fortress, safe from almost every kind of intrusion. Unfortunately, a collective assault by the government’s cabal of legislators, litigators, judges and militarized police has all but succeeded in reducing that fortress—and the Fourth Amendment alongside it—to a crumbling pile of rubble.

Two cases before the U.S. Supreme Court this term, Caniglia v. Strom and Lange v. California, are particularly noteworthy.

In Caniglia v. Strompolice want to be able to carry out warrantless home invasions in order to seize lawfully-owned guns under the pretext of their so-called “community caretaking” duties. Under the “community caretaking” exception to the Fourth Amendment, police can conduct warrantless searches of vehicles relating to accident investigations and provide aid to “citizens who are ill or in distress.”

At a time when red flag gun laws are gaining traction as a legislative means by which to allow police to remove guns from people suspected of being threats, it wouldn’t take much to expand the Fourth Amendment’s “community caretaking” exception to allow police to enter a home without a warrant and seize lawfully-possessed firearms based on concerns that the guns might pose a danger.

What we do not need is yet another pretext by which government officials can violate the Fourth Amendment at will under the pretext of public health and safety.

In Lange v. Californiapolice want to be able to enter homes without warrants as long as they can claim to be in pursuit of someone they suspect may have committed a crime. Yet as Justice Neil Gorsuch points out, in an age in which everything has been criminalized, that leaves the door wide open for police to enter one’s home in pursuit of any and all misdemeanor crimes.

At issue in Lange is whether police can justify entering homes without a warrant under the “hot pursuit” exception to the Fourth Amendment.

The case arose after a California cop followed a driver, Arthur Lange, who was honking his horn while listening to music. The officer followed Lange, supposedly to cite him for violating a local noise ordinance, but didn’t actually activate the police cruiser’s emergency lights until Lange had already arrived home and entered his garage. Sticking his foot under the garage door just as it was about to close, the cop confronted Lange, smelled alcohol on his breath, ordered him to take a sobriety test, and then charged him with a DUI and a noise infraction.

Lange is just chock full of troubling indicators of a greater tyranny at work.

Overcriminalization: That you can now get pulled over and cited for honking your horn while driving and listening to music illustrates just how uptight and over-regulated life in the American police state has become.

Make-work policing: At a time when crime remains at an all-time low, it’s telling that a police officer has nothing better to do than follow a driver seemingly guilty of nothing more than enjoying loud music.

Warrantless entry: That foot in the door is a tactic that, while technically illegal, is used frequently by police attempting to finagle their way into a home and sidestep the Fourth Amendment’s warrant requirement.

The definition of reasonable: Although the Fourth Amendment prohibits warrantless and unreasonable searches and seizures of “persons, houses, papers, and effects,” where we run into real trouble is when the government starts dancing around what constitutes a “reasonable” search. Of course, that all depends on who gets to decide what is reasonable. There’s even a balancing test that weighs the intrusion on a person’s right to privacy against the government’s interests, which include public safety.

Too often, the scales weigh in the government’s favor.

End runs around the law: The courts, seemingly more concerned with marching in lockstep with the police state than upholding the rights of the people, have provided police with a long list of exceptions that have gutted the Fourth Amendment’s once-robust privacy protections.

Exceptions to the Fourth Amendment’s warrant requirement allow the police to carry out warrantless searches: if someone agrees to the search; in order to ferret out weapons or evidence during the course of an arrest; if police think someone is acting suspiciously and may be armed; during a brief investigatory stop; if a cop sees something connected to a crime in plain view; if police are in hot pursuit of a suspect who flees into a building; if they believe a vehicle has contraband; in an emergency where there may not be time to procure a warrant; and at national borders and in airports.

In other words, almost anything goes when it comes to all the ways in which the government can now invade your home and lay siege to your property.

Thus we tumble down that slippery slope which might have started out with a genuine concern for public safety and the well-being of the citizenry only to end up as a self-serving expansion of the government’s powers that makes a mockery of the Fourth Amendment while utterly disregarding the rights of “we the people.”

Frankly, it’s a wonder we have any property interests, let alone property rights, left to protect.

Think about it.

That house you live in, the car you drive, the small (or not so small) acreage of land that has been passed down through your family or that you scrimped and saved to acquire, whatever money you manage to keep in your bank account after the government and its cronies have taken their first and second and third cut…none of it is safe from the government’s greedy grasp.

At no point do you ever have any real ownership in anything other than the clothes on your back.

Everything else can be seized by the government under one pretext or another (civil asset forfeiture, unpaid taxes, eminent domain, public interest, etc.).

The American Dream has been reduced to a lease arrangement in which we are granted the privilege of endlessly paying out the nose for assets that are only ours so long as it suits the government’s purposes.

And when it doesn’t suit the government’s purposes? Watch out.

This is not a government that respects the rights of its citizenry or the law. Rather, this is a government that sells its citizens to the highest bidder and speaks to them in a language of force.

Under such a fascist regime, the Fifth Amendment to the U.S. Constitution, which declares that no person shall “be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation,” has become yet another broken shield, incapable of rendering any protection against corporate greed while allowing the government to justify all manner of “takings” in the name of the public good.

What we are grappling with is a government that has forfeited its purpose for existing.

Philosophers dating back to John Locke have long asserted that the true purpose of government is to protect our rights, not just our collective rights as a people, but our individual rights, specifically our rights to life, liberty and property. As James Madison concluded in the Federalist Papers, “Government is instituted no less for the protection of the property than of the persons of individuals.”

What we have been saddled with is a government that has not only lost sight of its primary reason for being—to protect the people’s rights—but has also re-written the script and cast itself as an imperial overlord with all of the neo-feudal authority such a position entails.

Let me put it another way.

If the government can tell you what you can and cannot do within the privacy of your home, whether it relates to what you eat, what you smoke or whom you love, you no longer have any rights whatsoever within your home.

If government officials can fine and arrest you for growing vegetables in your front yard, gathering with friends to worship in your living room, installing solar panels on your roof, and raising chickens in your backyard, you’re no longer the owner of your property.

If school officials can punish your children for what they do or say while at home or in your care, your children are not your own—they are the property of the state.

If government agents can invade your home, break down your doors, kill your dog, damage your furnishings and terrorize your family, your property is no longer private and secure—it belongs to the government.

If police can forcefully draw your blood, strip search you, probe you intimately, or force you to submit to vaccinations or lose your so-called “privileges” to move about and interact freely with your fellow citizens, your body is no longer your own—it is the government’s to do with as it deems best.

Likewise, if the government can lockdown whole communities and by extension the nation, quarantine whole segments of the population, outlaw religious gatherings and assemblies of more than a few people, shut down entire industries and manipulate the economy, muzzle dissidents, and “stop and seize any plane, train or automobile to stymie the spread of contagious disease,” then you no longer have a property interest as master of your own life, either.

This is what a world without the Fourth Amendment looks like, where the lines between private and public property have been so blurred that private property is reduced to little more than something the government can use to control, manipulate and harass you to suit its own purposes, and you the homeowner and citizen have been reduced to little more than a tenant or serf in bondage to an inflexible landlord.

If we continue down this road, the analogy shifts from property owners to prisoners in a government-run prison with local and federal police acting as prison guards. In such an environment, you have no rights.

So what can we do, short of scrapping this whole experiment in self-government and starting over?

At a minimum, we need to rebuild the foundations of our freedoms.

What this will mean is adopting an apolitical, nonpartisan, zero tolerance attitude towards the government when it oversteps its bounds and infringes on our rights.

We need courts that prioritize the rights of the citizenry over the government’s insatiable hunger for power at all costs.

We need people in the government—representatives, bureaucrats, etc.—who honor the public service oath to uphold and defend the Constitution.

Most of all, we need to reclaim control over our runaway government and restore our freedoms.

After all, we are the government. As I make clear in my book Battlefield America: The War on the American People, “we the people” are supposed to be the ones calling the shots. As John Jay, the first Chief Justice of the United States, rightly observed: “No power on earth has a right to take our property from us without our consent.”

Source: https://bit.ly/384IzIp

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.

“Anyone who cares for someone with a developmental disability, as well as for disabled people themselves [lives] every day in fear that their behavior will be misconstrued as suspicious, intoxicated or hostile by law enforcement.”—Steve Silberman, The New York Times

They shot at him fourteen times.

Walter Wallace Jr.—a troubled 27-year-old black man with a criminal history and mental health issues—was no saint. Still, he didn’t deserve to die in a hail of bullets fired by two police officers who clearly had not been adequately trained in how to de-escalate encounters with special needs individuals.

Wallace wasn’t unarmed—he was reportedly holding a knife when police confronted him—yet neither cop attempted to use non-lethal weapons on Wallace, who appeared to be in the midst of a mental health crisis. In fact, neither cop even possessed a taser. Wallace, fired upon repeatedly by both officers, was hit in the shoulder and chest and pronounced dead at the hospital.

Wallace’s death is yet one more grim statistic to add to that growing list of Americans—unarmed, impaired or experiencing a mental health crisis—who have been killed by police trained to shoot first and ask questions later.

It’s also a powerful reminder to think twice before you call the cops to carry out a welfare check on a loved one. Especially if that person is autistic, hearing impaired, mentally ill, elderly, suffering from dementia, disabled or might have a condition that hinders their ability to understand, communicate or immediately comply with an order.

Particularly if you value that person’s life.

There are some things that don’t change. Even as the nation grapples with the twin distractions of political theater and a viral pandemic, there are still deadlier forces at play.

This is one of them.

At a time when growing numbers of unarmed people have been shot and killed for just 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, even the most benign encounters with police can have fatal consequences.

Unfortunately, police—trained in the worst case scenario and thus ready to shoot first and ask questions later—increasingly pose a risk to anyone undergoing a mental health crisis or with special needs whose disabilities may not be immediately apparent or require more finesse than the typical freeze-or-I’ll-shoot tactics employed by America’s police forces.

Just last year, in fact, Gay Plack, a 57-year-old Virginia woman with bipolar disorder, was killed after two police officers—sent to do a welfare check on her—entered her home uninvited, wandered through the house shouting her name, kicked open her locked bedroom door, discovered the terrified woman hiding in a dark bathroom and wielding a small axe, and four seconds later, shot her in the stomach.

Four seconds.

That’s all the time it took for the two police officers assigned to check on Plack to decide to use lethal force against her (both cops opened fire on the woman), rather than using non-lethal options (one cop had a Taser, which he made no attempt to use) or attempting to de-escalate the situation.

The police chief defended his officers’ actions, claiming they had “no other option” but to shoot the 5 foot 4 inch “woman with carpal tunnel syndrome who had to quit her job at a framing shop because her hand was too weak to use the machine that cut the mats.”

This is what happens when you empower the police to act as judge, jury and executioner.

This is what happens when you indoctrinate the police into believing that their lives and their safety are paramount to anyone else’s.

Suddenly, everyone and everything else is a threat that must be neutralized or eliminated.

In light of the government’s ongoing efforts to predict who might pose a threat to public safety based on mental health sensor data (tracked by wearable data such as FitBits and Apple Watches and monitored by government agencies such as HARPA, the “Health Advanced Research Projects Agency”), encounters with the police could get even more deadly, especially if those involved have a mental illness or disability.

Indeed, disabled individuals make up a third to half of all people killed by law enforcement officers. (People of color are three times more likely to be killed by police than their white counterparts.) If you’re black and disabled, you’re even more vulnerable.

A study by the Ruderman Family Foundation reports that “disabled individuals make up the majority of those killed in use-of-force cases that attract widespread attention. This is true both for cases deemed illegal or against policy and for those in which officers are ultimately fully exonerated… Many more disabled civilians experience non-lethal violence and abuse at the hands of law enforcement officers.”

For instance, Nancy Schrock called 911 for help after her husband, Tom, who suffered with mental health issues, started stalking around the backyard, upending chairs and screaming about demons. Several times before, police had transported Tom to the hospital, where he was medicated and sent home after 72 hours. This time, Tom was tasered twice. He collapsed, lost consciousness and died.

In South Carolina, police tasered an 86-year-old grandfather reportedly in the early stages of dementia, while he was jogging backwards away from them. Now this happened after Albert Chatfield led police on a car chase, running red lights and turning randomly. However, at the point that police chose to shock the old man with electric charges, he was out of the car, on his feet, and outnumbered by police officers much younger than him.

In Georgia, campus police shot and killed a 21-year-old student who was suffering a mental health crisis. Scout Schultz was shot through the heart by campus police when he approached four of them late one night while holding a pocketknife, shouting “Shoot me!” Although police may have feared for their lives, the blade was still in its closed position.

In Oklahoma, police shot and killed a 35-year-old deaf man seen holding a two-foot metal pipe on his front porch (he used the pipe to fend off stray dogs while walking). Despite the fact that witnesses warned police that Magdiel Sanchez couldn’t hear—and thus comply—with their shouted orders to drop the pipe and get on the ground, police shot the man when he was about 15 feet away from them.

In Maryland, police (moonlighting as security guards) used extreme force to eject a 26-year-old man with Downs Syndrome and a low IQ from a movie theater after the man insisted on sitting through a second screening of a film. Autopsy results indicate that Ethan Saylor died of complications arising from asphyxiation, likely caused by a chokehold.

In Florida, police armed with assault rifles fired three shots at a 27-year-old nonverbal, autistic man who was sitting on the ground, playing with a toy truck. Police missed the autistic man and instead shot his behavioral therapist, Charles Kinsey, who had been trying to get him back to his group home. The therapist, bleeding from a gunshot wound, was then handcuffed and left lying face down on the ground for 20 minutes.

In Texas, police handcuffed, tasered and then used a baton to subdue a 7-year-old student who has severe ADHD and a mood disorder. With school counselors otherwise occupied, school officials called police and the child’s mother to assist after Yosio Lopez started banging his head on a wall. The police arrived first.

In New Mexico, police tasered, then opened fire on a 38-year-old homeless man who suffered from schizophrenia, all in an attempt to get James Boyd to leave a makeshift campsite. Boyd’s death provoked a wave of protests over heavy-handed law enforcement tactics.

In Ohio, police forcefully subdued a 37-year-old bipolar woman wearing only a nightgown in near-freezing temperatures who was neither armed, violent, intoxicated, nor suspected of criminal activity. After being slammed onto the sidewalk, handcuffed and left unconscious on the street, Tanisha Anderson died as a result of being restrained in a prone position.

And in North Carolina, a state trooper shot and killed a 29-year-old deaf motorist after he failed to pull over during a traffic stop. Daniel K. Harris was shot after exiting his car, allegedly because the trooper feared he might be reaching for a weapon.

These cases, and the hundreds—if not thousands—more that go undocumented every year speak to a crisis in policing when it comes to law enforcement’s failure to adequately assess, de-escalate and manage encounters with special needs or disabled individuals.

While the research is relatively scant, what has been happening is telling.

Over the course of six months, police shot and killed someone who was in mental crisis every 36 hours.

Among 124 police killings analyzed by The Washington Post in which mental illness appeared to be a factor, “They were overwhelmingly men, more than half of them white. Nine in 10 were armed with some kind of weapon, and most died close to home.”

But there were also important distinctions, reports the Post.

This group was more likely to wield a weapon less lethal than a firearm. Six had toy guns; 3 in 10 carried a blade, such as a knife or a machete — weapons that rarely prove deadly to police officers. According to data maintained by the FBI and other organizations, only three officers have been killed with an edged weapon in the past decade. Nearly a dozen of the mentally distraught people killed were military veterans, many of them suffering from post-traumatic stress disorder as a result of their service, according to police or family members. Another was a former California Highway Patrol officer who had been forced into retirement after enduring a severe beating during a traffic stop that left him suffering from depression and PTSD. And in 45 cases, police were called to help someone get medical treatment, or after the person had tried and failed to get treatment on his own.

The U.S. Supreme Court, as might be expected, has thus far continued to immunize police against charges of wrongdoing when it comes to use of force against those with a mental illness.

In a 2015 ruling, the Court declared that police could not be sued for forcing their way into a mentally ill woman’s room at a group home and shooting her five times when she advanced on them with a knife. The justices did not address whether police must take special precautions when arresting mentally ill individuals. (The Americans with Disabilities Act requires “reasonable accommodations” for people with mental illnesses, which in this case might have been less confrontational tactics.)

Where does this leave us?

For starters, we need better police training across the board, but especially when it comes to de-escalation tactics and crisis intervention.

A study by the National Institute of Mental Health found that CIT (Crisis Intervention Team)-trained officers made fewer arrests, used less force, and connected more people with mental-health services than their non-trained peers.

As The Washington Post points out:

“Although new recruits typically spend nearly 60 hours learning to handle a gun, according to a recent survey by the Police Executive Research Forum, they receive only eight hours of training to de-escalate tense situations and eight hours learning strategies for handling the mentally ill. Otherwise, police are taught to employ tactics that tend to be counterproductive in such encounters, experts said. For example, most officers are trained to seize control when dealing with an armed suspect, often through stern, shouted commands. But yelling and pointing guns is ‘like pouring gasoline on a fire when you do that with the mentally ill,’ said Ron Honberg, policy director with the National Alliance on Mental Illness.”

Second, police need to learn how to slow confrontations down, instead of ramping up the tension (and the noise).

In Maryland, police recruits are now required to take a four-hour course in which they learn “de-escalation tactics” for dealing with disabled individuals: speak calmly, give space, be patient.

One officer in charge of the Los Angeles Police Department’s “mental response teams” suggests that instead of rushing to take someone into custody, police should try to slow things down and persuade the person to come with them.

Third, with all the questionable funds flowing to police departments these days, why not use some of those funds to establish what one disability-rights activist describes as “a 911-type number dedicated to handling mental-health emergencies, with community crisis-response teams at the ready rather than police officers.”

Increasingly, funds are being directed towards technologies that support predictive policing and behavioral and health surveillance. For instance, HARPA (a healthcare counterpart to the Pentagon’s research and development arm DARPA) would take the lead in identifying and targeting “signs” of mental illness or violent inclinations among the populace by using artificial intelligence to collect data from Apple Watches, Fitbits, Amazon Echo and Google Home. The Trump Administration has already awarded contracts worth $22.8 million to seven major corporations to develop artificial intelligence (AI) and machine learning connected to smartphone apps, wearable devices and software that can identify and trace contacts of “infected individuals,” keep track of “verified” COVID-19 test results, and monitor the health states of infected and “potentially” infected individuals.

It wouldn’t take much for these nascent predictive programs to give rise to healthcare versions of red flag gun laws, which allows the government to preemptively take action against individuals who may be perceived as potential threats. Where the problem arises is when you put the power to determine who is a potential danger in the hands of government agencies, the courts and the police.

In the end, while we need to make encounters with police officers safer for people with suffering from mental illness or with disabilities, what we really need—as I point out in my book Battlefield America: The War on the American People—is to make encounters with police safer for all individuals all across the board.

Source: https://bit.ly/3nthWCf

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.

“There was of course no way of knowing whether you were being watched at any given moment. How often, or on what system, the Thought Police plugged in on any individual wire was guesswork. It was even conceivable that they watched everybody all the time. But at any rate they could plug in your wire whenever they wanted to. You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized.”—George Orwell, 1984

Once upon a time in America, parents breathed a sigh of relief when their kids went back to school after a summer’s hiatus, content in the knowledge that for a good portion of the day, their kids would be gainfully occupied, out of harm’s way, and out of trouble.

Back then, if you talked back to a teacher, or played a prank on a classmate, or just failed to do your homework, you might find yourself in detention or doing an extra writing assignment after school or suffering through a parent-teacher conference about your shortcomings.

Of course, that was before school shootings became a part of our national lexicon.

As a result, over the course of the past 30 years, the need to keep the schools “safe” from drugs and weapons has become a thinly disguised, profit-driven campaign to transform them into quasi-prisons, complete with surveillance cameras, metal detectors, police patrols, zero tolerance policies, lock downs, drug sniffing dogs, school resource officers, strip searches, and active shooter drills.

Suddenly, under school zero tolerance policies, students were being punished with suspension, expulsion, and even arrest for childish behavior and minor transgressions such as playing cops and robbers on the playground, bringing LEGOs to school, or having a food fight.

Things got even worse once schools started to rely on police (school resource officers) to “deal with minor rule breaking: sagging pants, disrespectful comments, brief physical skirmishes.”

As a result, students are being subjected to police tactics such as handcuffs, leg shackles, tasers and excessive force for “acting up,” in addition to being ticketed, fined and sent to court for behavior perceived as defiant, disruptive or disorderly such as spraying perfume and writing on a desk.

This is what constitutes a police state education these days: lessons in compliance meted out with aggressive, totalitarian tactics.

The COVID-19 pandemic has added yet another troubling layer to the ways in which students (and their families) can run afoul of a police state education now that school (virtual or in-person) is back in session.

Significant numbers of schools within the nation’s 13,000 school districts have opted to hold their classes online, in-person or a hybrid of the two, fearing further outbreaks of the virus. Yet this unprecedented foray into the virtual world carries its own unique risks.

Apart from the technological logistics of ensuring that millions of students across the country have adequate computer and internet access, consider the Fourth Amendment ramifications of having students attend school online via video classes from the privacy of their homes.

Suddenly, you’ve got government officials (in this case, teachers or anyone at the school on the other end of that virtual connection) being allowed carte blanche visual access to the inside of one’s private home without a warrant.

Anything those school officials see—anything they hear—anything they photograph or record—during that virtual visit becomes fair game for scrutiny and investigation not just by school officials but by every interconnected government agency to which that information can be relayed: the police, social services, animal control, the Department of Homeland Security, you name it.

After all, this is the age of overcriminalization, when the federal criminal code is so vast that the average American unknowingly commits about three federal felonies per day, a U.S. Attorney can find a way to charge just about anyone with violating federal law.

It’s a train wreck just waiting to happen.

In fact, we’re already seeing this play out across the country. For instance, a 12-year-old Colorado boy was suspended for flashing a toy gun across his computer screen during an online art class. Without bothering to notify or consult with the boy’s parents, police carried out a welfare check on Isaiah Elliott, who suffers from ADHD and learning disabilities.

An 11-year-old Maryland boy had police descend on his home in search of weapons after school officials spied a BB gun on the boy’s bedroom wall during a Google Meet class on his laptop. School officials reported the sighting to the school resource officer, who then called the police.

And in New York and Massachusetts, growing numbers of parents are being visited by social services after being reported to the state child neglect and abuse hotline, all because their kids failed to sign in for some of their online classes. Charges of neglect, in some instances, can lead to children being removed from their homes.

You see what this is, don’t you?

This is how a seemingly well-meaning program (virtual classrooms) becomes another means by which the government can intrude into our private lives, further normalizing the idea of constant surveillance and desensitizing us to the dangers of an existence in which we are never safe from the all-seeing eyes of Big Brother.

This is how the police sidestep the Fourth Amendment’s requirement for probable cause and a court-issued warrant in order to spy us on in the privacy of our homes: by putting school officials in a position to serve as spies and snitches via online portals and virtual classrooms, and by establishing open virtual doorways into our homes through which the police can enter uninvited and poke around.

Welfare checks. Police searches for weapons. Reports to Social Services.

It’s only a matter of time before the self-righteous Nanny State uses this COVID-19 pandemic as yet another means by which it can dictate every aspect of our lives.

At the moment, it’s America’s young people who are the guinea pigs for the police state’s experiment in virtual authoritarianism. Already, school administrators are wrestling with how to handle student discipline for in-person classes and online learning in the midst of COVID-19.

Mark my words, this will take school zero tolerance policies—and their associated harsh disciplinary penalties—to a whole new level once you have teachers empowered to act as the Thought Police.

As Kalyn Belsha reports for Chalkbeat, “In Jacksonville, Florida, students who don’t wear a mask repeatedly could be removed from school and made to learn online. In some Texas districts, intentionally coughing on someone can be classified as assault. In Memphis, minor misbehaviors could land students in an online ‘supervised study.’”

Depending on the state and the school district, failing to wear a face mask could constitute a dress code violation. In Utah, not wearing a face mask at school constitutes a criminal misdemeanor. In Texas, it’s considered an assault to intentionally spit, sneeze, or cough on someone else. Anyone removing their mask before spitting or coughing could be given a suspension from school.

Virtual learning presents its own challenges with educators warning dire consequences for students who violate school standards for dress code and work spaces, even while “learning” at home. According to Chalkbeat, “In Shelby County, Tennessee, which includes Memphis, that means no pajamas, hats, or hoods on screen, and students’ shirts must have sleeves. (The district is providing ‘flexibility’ on clothing bottoms and footwear when a student’s full body won’t be seen on video.) Other rules might be even tougher to follow: The district is also requiring students’ work stations to be clear of ‘foreign objects’ and says students shouldn’t eat or drink during virtual classes.”

See how quickly the Nanny State a.k.a. Police State takes over?

All it takes for you to cease being the master of your own home is to have a child engaged in virtual learning. Suddenly, the government gets to have a say in how you order your space and when those in your home can eat and drink and what clothes they wear.

If you think the schools won’t overreact in a virtual forum, you should think again.

These are the same schools that have been plagued by a lack of common sense when it comes to enforcing zero tolerance policies for weapons, violence and drugs.

These are the very same schools that have exposed students to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

Zero tolerance policies that were intended to make schools safer by discouraging the use of actual drugs and weapons by students have turned students into suspects to be treated as criminals by school officials and law enforcement alike, while criminalizing childish behavior.

For instance, 9-year-old Patrick Timoney was sent to the principal’s office and threatened with suspension after school officials discovered that one of his LEGOs was holding a 2-inch toy gun. David Morales, an 8-year-old Rhode Island student, ran afoul of his school’s zero tolerance policies after he wore a hat to school decorated with an American flag and tiny plastic Army figures in honor of American troops. School officials declared the hat out of bounds because the toy soldiers were carrying miniature guns.

A high school sophomore was suspended for violating the school’s no-cell-phone policy after he took a call from his father, a master sergeant in the U.S. Army who was serving in Iraq at the time. In Houston, an 8th grader was suspended for wearing rosary beads to school in memory of her grandmother (the school has a zero tolerance policy against the rosary, which the school insists can be interpreted as a sign of gang involvement).

Even imaginary weapons (hand-drawn pictures of guns, pencils twirled in a “threatening” manner, imaginary bows and arrows, even fingers positioned like guns) can also land a student in detention. Equally outrageous was the case in New Jersey where several kindergartners were suspended from school for three days for playing a make-believe game of “cops and robbers” during recess and using their fingers as guns.

With the distinctions between student offenses erased, and all offenses expellable, we now find ourselves in the midst of what Time magazine described as a “national crackdown on Alka-Seltzer.” Students have actually been suspended from school for possession of the fizzy tablets in violation of zero tolerance drug policies. Students have also been penalized for such inane “crimes” as bringing nail clippers to school, using Listerine or Scope, and carrying fold-out combs that resemble switchblades.

A 13-year-old boy in Manassas, Virginia, who accepted a Certs breath mint from a classmate, was actually suspended and required to attend drug-awareness classes, while a 12-year-old boy who said he brought powdered sugar to school for a science project was charged with a felony for possessing a look-alike drug.

Acts of kindness, concern, basic manners or just engaging in childish behavior can also result in suspensions.

One 13-year-old was given detention for exposing the school to “liability” by sharing his lunch with a hungry friend. A third grader was suspended for shaving her head in sympathy for a friend who had lost her hair to chemotherapy. And then there was the high school senior who was suspended for saying “bless you” after a fellow classmate sneezed.

In South Carolina, where it’s against the law to disturb a school, more than a thousand students a year—some as young as 7 years old—“face criminal charges for not following directions, loitering, cursing, or the vague allegation of acting ‘obnoxiously.’ If charged as adults, they can be held in jail for up to 90 days.”

Things get even worse when you add police to the mix.

Thanks to a combination of media hype, political pandering and financial incentives, the use of armed police officers (a.k.a. school resource officers) to patrol school hallways has risen dramatically in the years since the Columbine school shooting (nearly 20,000 by 2003). What this means, notes Mother Jones, is greater police “involvement in routine discipline matters that principals and parents used to address without involvement from law enforcement officers.”

Funded by the U.S. Department of Justice, these school resource officers (SROs) have become de facto wardens in the elementary, middle and high schools, doling out their own brand of justice to the so-called “criminals” in their midst with the help of tasers, pepperspray, batons and brute force.

The horror stories are legion.

One SRO is accused of punching a 13-year-old student in the face for cutting in the cafeteria line. That same cop put another student in a chokehold a week later, allegedly knocking the student unconscious and causing a brain injury.

In Pennsylvania, a student was tased after ignoring an order to put his cell phone away.

A 12-year-old New York student was hauled out of school in handcuffs for doodling on her desk with an erasable marker. Another 12-year-old was handcuffed and jailed after he stomped in a puddle, splashing classmates.

On any given day when school is in session, kids who “act up” in class are pinned facedown on the floor, locked in dark closets, tied up with straps, bungee cords and duct tape, handcuffed, leg shackled, tasered or otherwise restrained, immobilized or placed in solitary confinement in order to bring them under “control.”

In almost every case, these undeniably harsh methods are used to punish kids for simply failing to follow directions or throwing tantrums.

Very rarely do the kids pose any credible danger to themselves or others.

For example, a 4-year-old Virginia preschooler was handcuffed, leg shackled and transported to the sheriff’s office after reportedly throwing blocks and climbing on top of the furniture. School officials claim the restraints were necessary to protect the adults from injury.

6-year-old kindergarten student in a Georgia public school was handcuffed, transported to the police station, and charged with simple battery of a schoolteacher and criminal damage to property for throwing a temper tantrum at school.

This is the end product of all those so-called school “safety” policies, which run the gamut from zero tolerance policies that punish all infractions harshly to surveillance cameras, metal detectors, random searches, drug-sniffing dogs, school-wide lockdowns, active-shooter drills and militarized police officers.

Yet these police state tactics did not made the schools any safer.

As I point out in my book Battlefield America: The War on the American People, police state tactics never make anyone safer so much as they present the illusion of safety and indoctrinate the populace to comply, fear and march in lockstep with the government’s dictates.

Now with virtual learning in the midst of this COVID-19 pandemic, the stakes are even higher.

It won’t be long before you start to see police carrying out knock-and-talk investigations based on whatever speculative information is gleaned from those daily virtual classroom sessions that allow government officials entry to your homes in violation of the Fourth Amendment.

It won’t take much at all for SWAT teams to start crashing through doors based on erroneous assumptions about whatever mistaken “contraband” someone may have glimpsed in the background of a virtual classroom session: a maple leaf that looks like marijuana, a jar of sugar that looks like cocaine, a toy gun, someone playfully shouting for help in the distance.

This may sound far-fetched now, but it’s only a matter of time before this slippery slope becomes yet another mile marker on the one-way road to tyranny.

Source: https://bit.ly/3klV46g

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.

 

“They came again this morning at about 8:00 o’clock. A large cargo-type helicopter flew low over the cabin, shaking it on its very foundations. It shook all of us inside, too. I feel frightened … I see how helpless and tormented I am becoming with disgust and disillusionment with the government which has turned this beautiful country into a police state … I feel like I am in the middle of a war zone.”—Journal entry from a California resident describing the government’s aerial searches for marijuana plants

Backyard gardeners, beware: tomato plants have become collateral damage in the government’s war on drugs, especially marijuana.

In fact, merely growing a vegetable garden on your own property, or in a greenhouse on your property, or shopping at a gardening store for gardening supplies—incredibly enough—could set you up for a drug raid sanctioned by the courts.

It’s happened before.

After shopping for hydroponic tomatoes at their local gardening store, a Kansas family found themselves subjected to a SWAT team raid as part of a multi-state, annual campaign dubbed “Operation Constant Gardener,” in which police collected the license plates of hundreds of customers at the gardening store and then investigated them for possible marijuana possession.

By “investigated,” I mean that police searched through the family’s trash. (You can thank the Supreme Court and their 1978 ruling in California v. Greenwood for allowing police to invade your trash can.) Finding “wet glob vegetation” in the garbage, the cops somehow managed to convince themselves—and a judge—that it was marijuana.

In fact, it was loose-leaf tea, but those pesky details don’t usually bother the cops when they’re conducting field tests.

Indeed, field tests routinely read positive for illegal drugs even when no drugs are present. According to investigative journalist Radley Balko, “it’s almost as if these tests come up positive whenever the police need them to. A partial list of substances that the tests have mistaken for illegal drugs would include sage, chocolate chip cookies, motor oil, spearmint, soap, tortilla dough, deodorant, billiard’s chalk, patchouli, flour, eucalyptus, breath mints, Jolly Ranchers and vitamins.”

There’s a long list of innocent ingredients that could be mistaken for drugs and get you subjected to a raid, because that’s all it takes—just the barest whiff of a suspicion by police that you might be engaged in criminal activity—to start the ball rolling.

From there, these so-called “investigations” follow the usual script: judge issues a warrant for a SWAT raid based on botched data, cops raid the home and terrorize the family at gunpoint, cops find no drugs, family sues over a violation of their Fourth Amendment rights, and then the courts protect the cops and their botched raid on the basis of qualified immunity.

It happens all the time.

As Balko reports, “Police have broken down doors, screamed obscenities, and held innocent people at gunpoint only to discover that what they thought were marijuana plants were really sunflowers, hibiscus, ragweed, tomatoes, or elderberry bushes. (It’s happened with all five.)”

Surely, you might think, the government has enough on its hands right now—policing a novel coronavirus pandemic, instituting nationwide lockdowns, quelling civil unrests over police brutality—that it doesn’t need to waste time and resources ferreting out pot farmers.

You’d be wrong.

This is a government that excels at make-work projects in which it assigns at-times unnecessary jobs to government agents to keep them busy or employed.

In this case, however, the make-work principle (translation: making work to keep the police state busy at taxpayer expense) is being used to justify sending police and expensive military helicopters likely equipped with sophisticated surveillance and thermal imaging devices on exploratory sorties every summer—again at taxpayer expense—in order to uncover illegal marijuana growing operations.

Often, however, what these air and ground searches end up targeting are backyard gardeners growing tomato plants.

Just recently, in fact, eyewitnesses in Virginia reported low-flying black helicopters buzzing over rural and suburban neighborhoods as part of a multi-agency operation to search for marijuana growers. Oftentimes these joint operations involve local police, state police and the Army National Guard.

One woman reported having her “tomato plants complimented by the 7 cops that pulled up in my yard in unmarked SUVs, after a helicopter hovered over our house for 20 minutes this morning.” Another man reported a similar experience from a few years ago when police “showed up in unmarked SUV’s with guns pulled. Then the cops on the ground argued with the helicopter because the heat signature in the ‘copter didn’t match what was growing.”

Back in 2013, an aerial surveillance mission spotted what police thought might be marijuana plants. Two days later, dozens of city officials, SWAT team, police officers and code compliance employees, and numerous official vehicles including dozens of police cars and several specialized vehicular equipment, including helicopters and unmanned flying drones, descended on The Garden of Eden, a 3.5-acre farm in Arlington, Texas, for a 10-hour raid in search of marijuana that turned up nothing more than tomato, blackberry and okra plants.

These aerial and ground sweeps have become regular occurrences across the country, part of the government’s multi-million dollar Domestic Cannabis Eradication Program. Local cops refer to the annual military maneuvers as “Eradication Day.”

Started in 1979 as a way to fund local efforts to crack down on marijuana growers in California and Hawaii, the Eradication Program went national in 1985, right around the time the Reagan Administration enabled the armed forces to get more involved in the domestic “war on drugs.”

Writing for The Washington Post, Radley Balko describes how these raids started off, with the National Guard, spy planes and helicopters:

The project was called the Campaign Against Marijuana Production, or CAMP… In all, thirteen California counties were invaded by choppers, some of them blaring Wagner’s “Ride of the Valkyries” as they dropped Guardsmen and law enforcement officers armed with automatic weapons, sandviks, and machetes into the fields of California … In CAMP’s first year, the program conducted 524 raids, arrested 128 people, and seized about 65,000 marijuana plants. Operating costs ran at a little over $1.5 million. The next year, 24 more sheriffs signed up for the program, for a total of 37. CAMP conducted 398 raids, seized nearly 160,000 plants, and made 218 arrests at a cost to taxpayers of $2.3 million.

The area’s larger growers had been put out of business (or, probably more accurately, had set up shop somewhere else), so by the start of the second campaign in 1984, CAMP officials were already targeting increasingly smaller growers. By the end of that 1984 campaign, the helicopters had to fly at lower and lower altitudes to spot smaller batches of plants. The noise, wind, and vibration from the choppers could knock out windows, kick up dust clouds, and scare livestock. The officials running the operation made no bones about the paramilitary tactics they were using. They considered the areas they were raiding to be war zones. In the interest of “officer safety,” they gave themselves permission to search any structures relatively close to a marijuana supply, without a warrant. Anyone coming anywhere near a raid operation was subject to detainment, usually at gunpoint.

Right around the same time, in the mid-1980s, the federal government started handing out grants to local police departments to assist with their local boots-on-the-ground “war on drugs.” These grants (through the Byrne Grant program and COPS program, both of which started to be phased out under George W. Bush, only to be re-upped by Barack Obama) could be used to pay for additional police personnel, equipment, training, technical assistance and information systems. However, studies show that while these federal grants did not improve police effectiveness or drug deterrence, they did incentivize SWAT team raids.

But how do you go from a “war on drugs” to SWAT-style raids on vegetable gardens?

Connect the dots, starting with the government’s war on marijuana, the emergence of SWAT teams, the militarization of local police forces through the federal 1033 Program, which allows the Pentagon to transfer “vast amounts of military equipment—machine guns and ammunition, helicopters, night-vision gear, armored cars—to local police departments,” and the transformation of American communities into battlefields: as always, it comes back to the make work principle, which starts with local police finding ways to justify the use of military equipment and federal funding.

Each year, the government spends between $14 and $18 million funding helicopter sweeps and police overtime to help the states track down illegal marijuana plants. These sweeps are even being carried out in states where it’s now legal to grow marijuana.

The sweeps work like this: Local police, working with multiple state agencies including the National Guard, carry out ground and air searches of different sectors. Air spotters flying overhead in helicopters relay their findings to police on the ground, who then carry out a search-and-destroy mission.

Mark my words: the use of police drones will make these kinds of aerial missions even more common.

For the most part, aerial surveillance is legal. As Arthur Holland Michel writes for The Atlantic: “When it comes to law enforcement, police are likewise free to use aerial surveillance without a warrant or special permission. Under current privacy law, these operations are just as legal as policing practices whereby an officer spots unlawful activity while walking or driving through a neighborhood.”

There have been a few notable exceptions.

In 2015, the New Mexico Supreme Court ruled that surveillance from a low-flying helicopter conducting an aerial search for marijuana by state police and the national guard was illegal under the U.S. Constitution. The court reasoned that “when low-flying aerial activity leads to more than just observation and actually causes an unreasonable intrusion on the ground—most commonly from an unreasonable amount of wind, dust, broken objects, noise, and sheer panic—then at some point courts are c and require a warrant before law enforcement engages in such activity. The Fourth Amendment and its prohibition against unreasonable searches and seizures demands no less.”

In Philip Cobbs’ case, helicopter spotters claimed to have seen two lone marijuana plants growing in the wreckage of a fallen oak tree on the Virginia native’s 39-acre family farm.

Cobbs noticed the black helicopter circling overhead while spraying the blueberry bushes near his house. After watching the helicopter for several moments, Cobbs went inside to check on his blind, deaf 90-year-old mother. By the time he returned outside, several unmarked police SUVs had driven onto his property, and police (ten in all) in flak jackets, carrying semi-automatic weapons and shouting unintelligibly, had exited the vehicles and were moving toward him.

Of course, it was never about the two pot plants.

What the cops were really after was an excuse to search Cobbs’ little greenhouse, which he had used that spring to start tomato plants, cantaloupes, and watermelons, as well as asters and hollyhocks, which he planned to sell at a roadside stand near his home. The search of the greenhouse turned up nothing more than used tomato seedling containers.

Nevertheless, police charged Cobbs with misdemeanor possession of marijuana for the two plants they claimed to have found. Eventually, the charges were dismissed but not before The Rutherford Institute took up Cobbs’ case, which revealed that police hadn’t even bothered to secure a warrant before embarking on their raid of Cobbs’ property—a raid that had to cost taxpayers upwards of $25,000, at the very least—part of their routine sweep of the countryside in search of pot-growing operations.

Two plants or two hundred or no plants at all: it doesn’t matter.

A SWAT team targeted one South Carolina man for selling $50 worth of pot on two different occasions. The Washington Post reports: The SWAT team “broke down Betton’s door with a battering ram, then fired at least 57 bullets at him, hitting him nine times. He lost portions of his gallbladder, colon, bowel and rectum, and is paralyzed from the waist down. He also suffered damage to his liver, lung, small intestine and pancreas. Two of his vertebrae were damaged, and another was partially destroyed. Another bullet shattered his leg.” After security footage showed that most of what police said about the raid was a lie, the cops settled the case for $2.75 million.

Monetary awards like that are the exception, however.

Most of the time, the cops get away with murder and mayhem. Literally.

Bottom line: no amount of marijuana is too insignificant if it allows police to qualify for federal grants and equipment and lay claim to seized assets (there’s the profit motive) under the guise of fighting the War on Drugs.

SWAT teams carry out more than 80,000 no-knock raids every year. The vast majority of these raids are to serve routine drug warrants, many times for crimes no more serious than possession of marijuana.

Although growing numbers of states continue to decriminalize marijuana use and 9 out of 10 Americans favor the legalization of either medical or recreational/adult-use marijuana, the government’s profit-driven “War on Drugs”—waged with state and local police officers dressed in SWAT gear, armed to the hilt, and trained to act like soldiers on a battlefield, all thanks to funding provided by the U.S. government, particularly the Pentagon and Department of Homeland Security (DHS)—has not abated.

Since the formation of the DHS post-9/11, hundreds of billions of dollars in grants have flowed to local police departments for SWAT teams, giving rise to a “police industrial complex” that routinely devastates communities, terrorizes families, and destroys innocent lives.

No longer reserved exclusively for deadly situations, SWAT teams are now increasingly being deployed for relatively routine police matters, with some SWAT teams being sent out as much as five times a day. Nationwide, SWAT teams have been employed to address an astonishingly trivial array of criminal activity or mere community nuisances: angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession, to give a brief sampling.

Unfortunately, general incompetence, collateral damage (fatalities, property damage, etc.) and botched raids tend to go hand in hand with an overuse of paramilitary forces.

In some cases, officers misread the address on the warrant. In others, they simply barge into the wrong house or even the wrong building. In another subset of cases, police conduct a search of a building where the suspect no longer resides.

SWAT teams have even on occasion conducted multiple, sequential raids on wrong addresses or executed search warrants despite the fact that the suspect is already in police custody. Police have also raided homes on the basis of mistaking the presence or scent of legal substances for drugs. Incredibly, these substances have included tomatoes, sunflowers, fish, elderberry bushes, kenaf plants, hibiscus, and ragweed.

All too often, the shock-and-awe tactics utilized by many SWAT teams only increases the likelihood that someone will get hurt with little consequences for law enforcement, even when the raids are botched.

Botched SWAT team raids have resulted in the loss of countless lives, including children and the elderly. Usually, however, the first to be shot are the family dogs.

SWAT raids are usually carried out late at night or shortly before dawn. Unfortunately, to the unsuspecting homeowner—especially in cases involving mistaken identities or wrong addresses—a raid can appear to be nothing less than a violent home invasion, with armed intruders crashing through their door.

That’s exactly what happened to Jose Guerena, the young ex-Marine who was killed after a SWAT team kicked open the door of his Arizona home during a drug raid and opened fire. According to news reports, Guerena, 26 years old and the father of two young children, grabbed a gun in response to the forced invasion but never fired. In fact, the safety was still on his gun when he was killed. Police officers were not as restrained. The young Iraqi war veteran was allegedly fired upon 71 times. Guerena had no prior criminal record, and the police found nothing illegal in his home.

The problems inherent in these situations are further compounded by the fact that SWAT teams are granted “no-knock” warrants at high rates such that the warrants themselves are rendered practically meaningless.

This sorry state of affairs is made even worse by U.S. Supreme Court rulings that have essentially done away with the need for a “no-knock” warrant altogether, giving the police authority to disregard the protections afforded American citizens by the Fourth Amendment.

Clearly, as I make clear in my book Battlefield America: The War on the American Peoplesomething must be done.

When the war on drugs—a.k.a. the war on the American people—becomes little more than a thinly veiled attempt to keep SWAT teams employed and special interests appeased, it’s time to revisit our drug policies and laws.

“You take the Constitution, the Bill of Rights, all the rights you expect to have—when they come in like that, the only right you have is not to get shot if you cooperate. They open that door, your life is on the line,” concluded Bob Harte, whose home was raided by a SWAT team simply because the family was seen shopping at a garden store, cops found loose tea in the family’s trash and mistook it for marijuana.

Our family will never be the same,” said Addie Harte, recalling the two-hour raid that had police invading their suburban home with a battering ram and AR-15 rifles. As The Washington Post reports:

Bob found himself flat on floor, hands behind his head, his eyes locked on the boots of the officer standing over him with an AR-15 assault rifle. “Are there kids?” the officers were yelling. “Where are the kids?” “And I’m laying there staring at this guy’s boots fearing for my kids’ lives, trying to tell them where my children are,” Harte recalled later in a deposition on July 9, 2015. “They are sending these guys with their guns drawn running upstairs to bust into my children’s house, bedroom, wake them out of bed.”

It didn’t matter that no drugs were found—nothing but a hydroponic tomato garden and loose tea leaves. The search and SWAT raid were reasonable, according to the courts.

There’s a lesson here for the rest of us. As Bob Harte concluded: “If this can happen to us, everybody in the country needs to be afraid.”

Source: https://bit.ly/3aSa8oE

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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