In a video that hit Youtube about one month ago, the account HELPFREETHEUSA on December 18th 2013 shows what appears to be an attempt at a Terry stop gone wrong.
Terry vs. Ohio 392 U.S. (1968) allows police officers to interrogate and frisk suspicious individuals without probable cause for an arrest, providing that the officer can articulate a reasonable basis for the stop and frisk. Significantly, Terry does not provide blanket authority to intrude on an individual’s right to be left alone, nor does it allow such intrusion based on a police offers inarticulate hunch that a crime is about to occur or is in progress. However, it does radically expand police authority to investigate crimes where there is a reasonable basis for suspicion.
Oh really !?! He didn’t go all Judge Dredd!?! Oh the humanity…!
Individuals across the nation witness officers intimidate and terrorize citizens for IDs with “Terry Stops.” Cameramen nationwide who are peaceful in video recording at a distance from LA to New York.
The most recent officer whose name tag may read K. Moody detains the woman in his squad car. From across the street in the Kokomo, Indiana housing project, a man films his girlfriend being released from police custody for an unspecified detainment. Then the officer proceeds to detain the boyfriend who films out of concern and demand he show identification for no reason.
From the exchange:
““Let me see your ID Please?” asks K. Moody.
“Am I being detained?” says the unidentified man, “Because I’m in public.”
“No” says K. Moody.
“This isn’t city property,” says the unidentified man on video. “Am I free to go?”
“No,” says K. Moody.
“This is city property so I have the right to see ID,” replies K. Moody.
Moody from his own mouth then states that the sidewalk isn’t public property.
“It’s not public?” The unidentified man questions.
“Nope,” replies officer Moody.
Did the officer Moody just lie so that the man must produce identification when no crime has been broken on camera? Question how often this happens in low income residential neighborhoods. Nor is not giving police ID give an officer suspicion someone is or about to commit a crime.
At this time, Major Seldon of the Komomo police’s media relations point of contact cannot comment until he’s seen the video as described. In this situation demand a superior officer show up in this situation or just use driver’s license or social security number.
If you live in Schenectady, New York you don’t even have to be suspect to be a suspect.
( http://www.youtube.com/watch?v=hMA1Otuat2U ). Donald Andrews Jr. knows this first hand. An undercover informant who they claim planted crack cocaine on his own behalf for police in Andrews Jr.’s smoke shop to frame him, shut down and confiscate his legal business. Had Andrews not had cameras rolling none of this would ever be known and he would be in prison or on trial. So where did a white guy get crack to plant and if he ran from police how has he disappeared? Yet we can figure out how to bomb terrorists with predator drones?
In a different type of warrant-less search case under the radar, a man named Omar Hutchinson who doesn’t live in a public housing authority has been arrested for months. While awaiting trial, his paperwork and location has been mishandled three times and he believes this is so his relatives cannot visit him, and so his story goes under the public radar. ( Civil Rights Violations )
Hutchinson’s then girlfriend Shameek Reid describes the warrant-less raid as illegal ‘A group of officers outside their jurisdiction came into my house without a warrant in the middle of the night. Police took the wrong man, Omar looks nothing like the suspect they described.’
Police charged Hutchinson with kidnapping and immigration violation status and he has an immigration customs enforcement (ICE) hold on his record based on his status as alien for flight risk. His excessive bail was set at $155,000.
Hutchinson believes ICE has created this situation as a cover up for retaliation for their inappropriate warrant-less raid. Hutchinson, a Jamaican student transplant went to college in the United States, has obtained an English degree and has turned his life around until the raid.
More illegal procedures police seem hell bent to make on a regular basis:
- Los Angeles, Cal. police detained and cuffed Shawn Nee for “interfering with an investigation” while taking photos in a public place from from behind a fence. ( http://petapixel.com/2013/08/15/la-photographer-detained-for-interfering-while-taking-photos-from-90-feet-away/ )
- Leland, NC, Gabriel Self arrested illegally in August for filming an arrest has charges dropped. ( http://www.youtube.com/watch?v=PczwwZrvW8s )
- Charlotte NC man arrested for filming military drill on public property. ( http://www.youtube.com/watch?v=iRqiFnqkhAs )
- New York City stop and frisk arrest quota policy. ( http://www.youtube.com/watch?v=7rWtDMPaRD8 ) ( http://www.youtube.com/watch?v=ug32s1iWWSw )
- Cook County Chicago Ills.’ Police torture program. ( http://www.youtube.com/watch?v=JmsoqBkdc5g ) .
- Topeka, Kan. – 17-year-old Addison Mikkelson Topeka police bully and harass a young man for filming while on duty for taxpayers. ( http://tinyurl.com/k8l48bc , http://tinyurl.com/m9cgazl )
- Tuscaloosa, AL – Police Department’s arrest of University of Alabama football ball player Tony Brown for walking away and doing what he was told and the cameraman JaiHawkFly is harassed for being where he lives. ( http://www.youtube.com/watch?v=wdpU8-wE6No )
- New York City, NY – Police attack an 88-yo foreign senior for walking across the street in traffic and not speaking English well enough to engage in their extortion shenanigans. ( http://www.youtube.com/watch?v=Cz5dHmM_rl4 )
- Charlotte ,NC – 24-year-old Jonathan A. Ferrell unarmed seeking help after a car crash over the weekend was shot 10 times by the Charlotte police officer who’s now charged in his death, investigators said Monday. http://tinyurl.com/npghrtf
- Los Angeles, Cal. – Eight Los Angeles police officers violated department policy for use of deadly force when they shot two women during last year’s manhunt for renegade ex-officer Christopher Dorner, police chief Charlie Beck said Tuesday. No charges filed http://tinyurl.com/k6w2vyg
Is this the American way? The New York City way? The Chicago way? No it is not.
Policing has changed. From warrant-less searches to monetary increases from asset forfeiture seizures of the drug war with police brutality in contravention to the use of force continuum. Author Radley Balko of “Rise of the Warrior Cop” suggests that police academies through militarized training has been deliberate in the training of our police forces.
Years ago the public knew police were on proper beat patrols, used civic engagement and networked with the community. Today, the pace at which law enforcers across the spectrum ignore laws and procedures they break and treat citizens with contempt astonishes criminal justice and law experts. And it’s spreading.
Detroit police officer Sgt. Robert Mitchell violent attack on Fox News reporter M.L. Elrick suggest that police are violent even when a question is asked to elected members of council.
“My job is to not let you get in my way,” Mitchell says.
“Certainly, when you look at the totality, when you look at the public safety issues, when you look at the violations, it tends to suggest that the councilman was given preferential treatment ” Detroit Chief James Craig former Cincinnati police chief said.
Police are under trained on proper procedures in detail on photography, video recording, and reporting. A precedent here will eventually wind up with reporters being savaged during news reports by police. Like then ABC 7 reporter Andrea McCarren in Prince George’s County Md. ( http://www.youtube.com/watch?v=1aS4VO-P8FQ )
“Please don’t shoot me. Please don’t shoot Pete. Those words reverberated again and again in my head, but as I walked backwards, I anticipated the crackle of a gunshot,” – “Two Years Later, Justice Denied” by Andrea McCarren. ( http://tinyurl.com/k3s9ol3 ) “I can’t help but think that if someone like me, with a relatively high-profile job and the resources of a two-career family cannot see justice, who can? ”
What a damn good question Andrea!
Coupled with the lack of accountability with most of these incidents and crimes creates a more volatile mix. Police policy must be balanced with elected not appointed public review boards that have teeth to act. Can we put a stop the blight on our law enforcement service members before another public uprising calls for justice to avenge tragedies like Fullerton, California’s murder of Kelly Thomas ( http://www.youtube.com/watch?v=25NDD-8ZTdk )?
Correction: Oscar changed to Omar Hutchinson.