Originally posted by Binkylove
It is very amazing to me that one person (a liberal judge) can make a ruling on something that has been in effect for many years now, however, she is
just one of the liberal-progressives in the US that wants to change everything to their point of view. The police do not stop someone on public
property and search without probable cause.
I want to live in this fantasy land of yours.
(This is going to be a long one. *takes a deep breath*)
Speaking as a New Yorker who serves people who are most targeted by and one who has been a victim of “Stop and Frisk”, that, sir or madam, is a
steaming pile of... garbage.
I had been stopped for what the police describe as “furtive movements”. Apparently, the police did not like the way I walked to the train station
after a long day of work. You see, I made the mistake of putting one foot in front of the other while being in a low income, inner city neighborhood.
After I had paid my subway fare, the police just rushed up behind me (a 5’2, 130lb, wise Latina
) and pushed me to the side of the platform. They
started asking me questions like what I was “doing in the neighborhood at that time of night?” As soon as I realized what was going on, I stated
that this was a violation of my fourth amendment rights, and that if they were going to search me in spite of my objections, there should be a female
officer present to do the search. I asked if I was being arrested or charged with a crime. I did not answer any of their questions “Stop and
Frisk”. The officers were obviously not expecting to stop someone who was articulate, was (college) educated, and had paid a modicum of attention
in civics class at her NYC public school.
They began to handle me roughly while I was moved to a more “secure location.” Luckily for me, my job offers prepaid legal service, and I have an
attorney on call 24 hours a day. Once I was able to get an officer to listen to my request to speak to my attorney and showed them her card (they
kept saying that since I was not being arrested, I did not need a lawyer, swear to Bob!), I was immediately let go. I tried to get names and badge
numbers while I was held, but I couldn’t since there was a lot of “Look down!” and “Face the wall!” It was one of the few times I can say
that I was genuinely scared for my life.
I must stress that at NO POINT was I ever disrespectful. I did not have an attitude. I kept my voice at the same volume level and peppered everything
with plenty of, “Yes, officer” and “No, officer.” Ever since, I have made little cards for my clients to carry on their person that have the
fourth amendment on them. I tell my clients to read and remember it. For those clients who can’t read or have trouble, I read along with them and
tell them the most important parts (though it’s all important, isn’t it.) I tell them when stopped by the police for “Stop and Frisk”, to
immediately state it’s a violation of their fourth amendment rights (the same way the “random bag searches” at the train stations are, and that
they don’t have to subject themselves to it. They can go to another subway station without being searched, though it is an inconvenience.) Again,
because of the nature of my work, all of my clients have lawyers, and I tell them to ask for them immediately (no, they are not criminals).
I know that not all cops are bad. I’m related to some, and for a time, I even thought about joining the NYPD in the hopes of making a change from
within. I know they risk their lives every day. I am just tired of being in fear of the cops and living in a police state. This has existed in the
minority and low income communities for many years. The only thing that is different now is that privilege is not enough to shield the middle and
upper classes from its existence.
For those of you who want to make cards of your own, here is what I use. It fits on the Avery 5160 size labels using size 7.5 Calibri font in small
AMENDMENT IV OF THE CONSTITUTION OF THE UNITED STATES
THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES, SHALL
NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE
PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED.