Assuming we're still talking about Obsidian's anecdotes:
What did those cops do wrong, that they would have needed to face consequences for?
And how would not complying with the orders of those cops help the situation?
I've been searching my thoughts and level of frustration to figure out how to converse with you still. But I realize if I close the pathways of communication down again, we all lose.
So, here we go.
Police Harassment and a Citizen’s Constitutional Rights
An example of a due process violation is when the police arbitrarily stop, detain, or demand information from a citizen when no crime is being committed, and with no apparent evidence that a crime may be committed. In these situations, if a citizen is stopped by police but not detained or arrested for a crime, they are not required to answer officer questions and are lawfully free to leave an interrogation.
Further, Title VI of the 1964 Civil Rights Act made illegal use of “public” funds to discriminate based on race, color, and national origin. So, when an American citizen has been unlawfully stopped or detained by police whose salaries are paid by citizen’s tax dollars, it’s referred to as “racial profiling” and is a violation of Title VI.
This type of conduct by police also violates a citizen’s Constitutional “due process” rights and is considered harassment. In addition to the above types of conduct, police harassment includes illegal detention; racial and ethnic profiling; making racist, sexist, and homophobic remarks; illegal surveillance and spying; and illegal search and seizure of property.
So, let me paint the picture.
I was 16 years old. I was in the Bronx visiting my best friend and watching Kung Fu movies until Too Damn Late came on the clock and I realized I was about to miss the train. My best friend told me to stay over, but I was such an awkward kid that staying around other people's houses made me feel like an inconvenience, so I said I had to get home.
I had to run on E. 233 from Gunther Ave all the way to Woodlawn Station to get the Metro North back to Westchester, where I lived.
All the stores were closed. I didn't pass anyone. There weren't any break-ins, any robberies, any stick-ups. It was a cold night and people were just trying to get some sleep.
I made it to the overpass where the entry to the train station was, and a car swooped in on me. Two grown men (again, I was 16 and scrawny) pinned me down against the wall (Fence, really) and the third flashed me his badge before going through my pockets.
I answered every question they had with respect and as soon as it was asked. It's always been my nature to treat everyone with respect, even people I dislike. They asked me where was I going, did I get into any trouble tonight, did I do anything wrong, would they find something if they went through my pockets, Where did my best friend live, where was my home?
Also, when I told them my best friend lived on Gunther, one of the guys pinning me down was given the head nod towards the car and he went to call to see if
anything has occurred or been called in on Gunther Ave.
Nothing about a specific crime I was apart of. Nothing about any crimes in the area, actually. It was just a stop and torment. They had nothing, they were looking for something, and anyone and/or anything would do.
Eventually the last train was rolling by, and I'm near tears at this time trying to say that's the last train to Westchester tonight and I needed to get on it. They looked pensive. At this point, I must stress again
I did nothing and they weren't looking for someone who did a specific crime. Just looking for any ole arrest. The searcher took out my id, looked at it hard and said "This is memorized now. I see this name, I'm coming down on you hard".
Now. according to the law and... well, lawyers, since there was no specific crime, and given that there was no specific crime, there's no way to link me to one, stopping me, pinning me down and asking me questions that are germane to nothing is literally a due process violation. And they were searching for anything I did wrong. That's why they called in the Gunther Ave thing. And I was TERRIFIED that something happened there that I had no part in, but I admitted I was there so they could use that to arrest me for something.
But I was young and I didn't know better. I'm probably here today because this happened on a cold night.