Fwd: [acb-chat] Gee, I feel so protected by the police - See guidance below

---------- Forwarded message ----------
From: "Demaya, Diego via acb-chat" <acb-chat@acblists.org>
Date: Fri, 17 May 2019 00:15:53 +0000
Subject: [acb-chat] Gee, I feel so protected by the police - See guidance below
To:
Cc: "Demaya, Diego" <Diego.Demaya@memorialhermann.org>

Drivers Beware: The Deadly Perils Of Traffic Stops In The American Police State

"The Fourth Amendment was designed to stand between us and arbitrary
governmental authority. For all practical purposes, that shield has
been shattered, leaving our liberty and personal integrity subject to
the whim of every cop on the beat, trooper on the highway and jail
official<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.thenation.com_article_how-2Dsupreme-2Dcourt-2Dcame-2Dembrace-2Dstrip-2Dsearches-2Dtrivial-2Doffenses_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=uOylvDUDcmEBiL4AA8qoku4xltRw2Xkd1K_irwO3fMA&e=>.
The framers would be appalled.

- Herman Schwartz, The Nation

We've all been there before.

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

You've read enough news stories, seen enough headlines, and lived in
the American police state long enough to be anxious about any
encounter with a cop that takes place on the side of the road.

For better or worse, from the moment you're pulled over, you're at the
mercy of law enforcement officers who have almost absolute discretion
to decide who is a threat, what constitutes resistance, and how
harshly they can deal with the citizens they were appointed to "serve
and protect."

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

So if you're nervous about traffic stops, you have every reason to be.

Trying to predict the outcome of any encounter with the police is a
bit like playing Russian roulette: most of the time you will emerge
relatively unscathed, although decidedly poorer and less secure about
your rights, but there's always the chance that an encounter will turn
deadly.

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

Zachary Noel was tasered by police and charged with resisting arrest
after he questioned why he was being ordered out of his truck during a
traffic stop<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.opposingviews.com_i_society_crime_cop-2Dtases-2Dman-2Dafter-2Dhe-2Dquestions-2Dwhy-2Dhe-2Dwas-2Dasked-2Dget-2Dout-2Dhis-2Dvehicle-2Dduring-2Dtraffic-23sthash.Gq8t3wTm.dpuf&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=3Ps6omaqg71cFYq8n5uLM8LvNM9vtoDquApcm4nIAu8&e=>.
"Because I'm telling you to," the officer replied before repeating his
order for Noel to get out of the vehicle and then, without warning,
shooting him with a taser through the open window.

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

It was in the early morning hours of Dec. 1, 2016, when Tucker, a
young African-American man, was pulled over by Louisiana police for a
broken taillight<https://urldefense.proofpoint.com/v2/url?u=https-3A__rutherford.org_publications-5Fresources_on-5Fthe-5Ffront-5Flines_rutherford-5Finstitute-5Fsues-5Fpolice-5Fover-5Fbroken-5Ftaillight-5Ftraffic-5Fstop-5Fthat-5Fre&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=mwtkmMvx9OvC1oojZadiCZ-XmlPYq2V4i-1wmdhoxH8&e=>.
Because he did not feel safe stopping immediately, Tucker drove calmly
and slowly to a safe, well-lit area a few minutes away before stopping
in front of his cousin's house.

That's when what should have been a routine traffic stop became yet
another example of police brutality in
America<https://urldefense.proofpoint.com/v2/url?u=https-3A__rutherford.org_publications-5Fresources_on-5Fthe-5Ffront-5Flines_rutherford-5Finstitute-5Fsues-5Fpolice-5Fover-5Fbroken-5Ftaillight-5Ftraffic-5Fstop-5Fthat-5Fre&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=mwtkmMvx9OvC1oojZadiCZ-XmlPYq2V4i-1wmdhoxH8&e=>
and another reason why Americans are justified in their fear of cops.

According to the lawsuit that was filed in federal court by The
Rutherford Institute<https://urldefense.proofpoint.com/v2/url?u=https-3A__rutherford.org_publications-5Fresources_on-5Fthe-5Ffront-5Flines_rutherford-5Finstitute-5Fsues-5Fpolice-5Fover-5Fbroken-5Ftaillight-5Ftraffic-5Fstop-5Fthat-5Fre&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=mwtkmMvx9OvC1oojZadiCZ-XmlPYq2V4i-1wmdhoxH8&e=>,
police ordered Tucker out of his vehicle, and after he had stepped
out, immediately placed him under arrest for "resisting" (in this
case, not immediately stopping) and searched his person and his
vehicle. Tucker was then ordered to move to the front of the police
vehicle and place his hands on its hood.

Two more police officers arrived on the
scene<https://urldefense.proofpoint.com/v2/url?u=https-3A__rutherford.org_publications-5Fresources_on-5Fthe-5Ffront-5Flines_rutherford-5Finstitute-5Fsues-5Fpolice-5Fover-5Fbroken-5Ftaillight-5Ftraffic-5Fstop-5Fthat-5Fre&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=mwtkmMvx9OvC1oojZadiCZ-XmlPYq2V4i-1wmdhoxH8&e=>,
walked up behind Tucker, and grabbed his arms to restrain and
handcuffed him.

Then the fourth police officer arrived on the scene. According to
police dash cam footage, Tucker was thrown to the ground and punched
numerous times in the head and
body<https://urldefense.proofpoint.com/v2/url?u=https-3A__rutherford.org_publications-5Fresources_on-5Fthe-5Ffront-5Flines_rutherford-5Finstitute-5Fsues-5Fpolice-5Fover-5Fbroken-5Ftaillight-5Ftraffic-5Fstop-5Fthat-5Fre&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=mwtkmMvx9OvC1oojZadiCZ-XmlPYq2V4i-1wmdhoxH8&e=>.
The police also yelled repeatedly at Tucker to "quit resisting."
Tucker, bleeding with injuries to his face, head and arm, was then
placed into the back of a police vehicle and EMTs were called to treat
him. He was eventually taken to the hospital for severe injuries to
his face and arm.

Mind you, this young man complied with police. He just didn't do it
fast enough to suit their purposes.

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

If this young man is "guilty" of anything, he's guilty of ticking off
the cops by being cautious, concerned for his safety, and all too
aware of the dangers faced by young black men during encounters with
the police.

Frankly, you don't even have to be young or black or a man to fear for
your life during an encounter with the police.

Just consider the growing numbers of unarmed people are who being shot
and killed just for standing a certain way, or moving a certain way,
or holding something—anything—that police could misinterpret to be a
gun, or igniting some trigger-centric fear in a police officer's mind
that has nothing to do with an actual threat to their safety.

At a time when police can do no wrong—at least in the eyes of the
courts, police unions and politicians dependent on their votes—and a
"fear" for officer safety is used to justify all manner of police
misconduct, "we the people" are at a severe disadvantage.

Add a traffic stop to the mix, and that disadvantage increases dramatically.

According to the Justice Department, the most common reason for a
citizen to come into contact with the
police<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bjs.gov_index.cfm-3Fty-3Dtp-26tid-3D702&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=t-q8iCrhSBznt5iFsG24JLDtW9aDCqiYttGURBAWCqk&e=>
is being a driver in a traffic stop.

On average, one in 10 Americans gets pulled over by
police<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.washingtonpost.com_blogs_wonkblog_wp_2014_09_09_you-2Dreally-2Dcan-2Dget-2Dpulled-2Dover-2Dfor-2Ddriving-2Dwhile-2Dblack-2Dfederal-2Dstatistics-2Dshow_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=7k_ATFjBo-ovLbz9DsAq-aOCIuKzutSKzJZZ1mU6H84&e=>.

Black drivers are 31 percent more likely to be pulled over than white
drivers, or about 23 percent more likely than Hispanic drivers. As the
Washington Post concludes, "'Driving while black' is, indeed, a
measurable phenomenon<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.washingtonpost.com_blogs_wonkblog_wp_2014_09_09_you-2Dreally-2Dcan-2Dget-2Dpulled-2Dover-2Dfor-2Ddriving-2Dwhile-2Dblack-2Dfederal-2Dstatistics-2Dshow_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=7k_ATFjBo-ovLbz9DsAq-aOCIuKzutSKzJZZ1mU6H84&e=>."

Indeed, police officers have been given free range to pull anyone over
for a variety of
reasons<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.latimes.com_opinion_op-2Ded_la-2Doe-2D0813-2Dkutz-2Dtraffic-2Dstops-2D20150812-2Dstory.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=RfDm2JQOLPvgX1dI_hDFgR1IzfnhtF235od7aIkssx4&e=>.

This free-handed approach to traffic stops has resulted in drivers
being stopped for windows that are too heavily tinted, for driving too
fast, driving too slow, failing to maintain speed, following too
closely, improper lane changes, distracted driving, screeching a car's
tires, and leaving a parked car door open for too long.

Motorists can also be stopped by police for driving near a bar or on a
road that has large amounts of drunk driving, driving a certain make
of car (Mercedes, Grand Prix and Hummers are among the most ticketed
vehicles<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.forbes.com_2010_10_13_cars-2Dthat-2Dget-2Dticketed-2Dmost-2Dpolice-2Dspeeding-2Dlifestyle-2Dvehicles-2Dviolations.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=tZjmJZ6i9uazDotMo3CcjnsThwJENnnLFkQgIoiqqJY&e=>),
having anything dangling from the rearview mirror (air fresheners,
handicap parking permits, troll transponders or rosaries), and
displaying pro-police bumper stickers.

Incredibly, a federal appeals court actually ruled unanimously in 2014
that acne scars and driving with a stiff upright posture are
reasonable grounds for being pulled
over<https://urldefense.proofpoint.com/v2/url?u=http-3A__truthinmedia.com_federal-2Dappeals-2Dcourt-2Ddriving-2Dwith-2Dupright-2Dposture-2Dand-2Dacne-2Dis-2Dsufficient-2Devidence-2Dfor-2Dtraffic-2Dstop_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=T3p3DlafmdYOLt1H6lCZFDyNY-snE8Yhjc9QBXknuDs&e=>.
The Fifth Circuit Court of Appeals ruled that driving a vehicle that
has a couple air fresheners, rosaries and pro-police bumper stickers
at 2 MPH over the speed limit is
suspicious<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.thenewspaper.com_news_47_4750.asp&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=vK0g_m9S1K1O7-v1Mr81f7KG-FxY4ztKazyEkOjoj5E&e=>,
meriting a traffic stop.

Equally appalling, in Heien v. North Carolina, the U.S. Supreme
Court—which has largely paved the way for the police and other
government agents to probe, poke, pinch, taser, search, seize, strip
and generally manhandle anyone they see fit in almost any
circumstance—allowed police officers to stop drivers who appear
nervous<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.supremecourt.gov_opinions_14pdf_13-2D604-5Fec8f.pdf&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=pn5gqvUylfVnGabIKnVQeaXTaW7iodLovTqySBehU0Y&e=>,
provided they provide a palatable pretext for doing so.

Justice Sonia Sotomayor was the lone objector in the case. Dissenting
in Heien, Sotomayor warned, "Giving officers license to effect
seizures so long as they can attach to their reasonable view of the
facts some reasonable legal interpretation (or misinterpretation) that
suggests a law has been violated significantly expands this
authority... One wonders how a citizen seeking to be law-abiding and
to structure his or her behavior to avoid these invasive, frightening,
and humiliating encounters could do
so<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.supremecourt.gov_opinions_14pdf_13-2D604-5Fec8f.pdf&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=pn5gqvUylfVnGabIKnVQeaXTaW7iodLovTqySBehU0Y&e=>."

In other words, drivers beware.

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

Remember Walter L. Scott? Reportedly pulled over for a broken
taillight<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2015_04_08_us_south-2Dcarolina-2Dofficer-2Dis-2Dcharged-2Dwith-2Dmurder-2Din-2Dblack-2Dmans-2Ddeath.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=jBuoxW3agITwMT0Dol40n99jI50I0R-cIlNg0aR2nGs&e=>,
Scott—unarmed—ran away from the police officer, who pursued and shot
him from behind, first with a Taser, then with a gun. Scott was struck
five times, "three times in the back, once in the upper buttocks and
once in the ear — with at least one bullet entering his
heart<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2015_04_08_us_south-2Dcarolina-2Dofficer-2Dis-2Dcharged-2Dwith-2Dmurder-2Din-2Dblack-2Dmans-2Ddeath.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=jBuoxW3agITwMT0Dol40n99jI50I0R-cIlNg0aR2nGs&e=>."

Samuel Dubose, also unarmed, was pulled over for a missing front
license plate<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nbcnews.com_news_us-2Dnews_prosecutors-2Drewiewiung-2Dofficers-2Dfatal-2Dshooting-2Dunarmed-2Dcincinnati-2Dman-2Dn396116&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=bJ4ILUV3ifEtgrgT4BcMQ0HKEBqxvVw5SGGoag4kjM4&e=>.
He was reportedly shot in the head after a brief struggle in which his
car began rolling forward.

Levar Jones was stopped for a seatbelt
offense<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.people.com_article_south-2Dcarolina-2Dpolice-2Dofficer-2Dshoots-2Dunarmed-2Dsuspect-2Ddashcam&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=_Q8Y_mW1OOLC6P0QFhHYkP5MuuJMQjRfoDmVmIrpIC0&e=>,
just as he was getting out of his car to enter a convenience store.
Directed to show his license, Jones leaned into his car to get his
wallet, only to be shot four times by the "fearful" officer. Jones was
also unarmed.

Bobby Canipe was pulled over for having an expired
registration<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.dailymail.co.uk_news_article-2D2579654_Police-2Ddashcam-2Dshows-2DSouth-2DCarolina-2Dcop-2Dshoot-2D70-2Dyear-2Dold-2DVietnam-2Dveteran-2Dman-2Dreached-2Dtruck-2Dcane-2Droutine-2Dtraffic-2Dstop.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=B1SpDF20SdRyctbcVzU4Mmtjys8VsCsQR8lteImYRR8&e=>.
When the 70-year-old reached into the back of his truck for his
walking cane, the officer fired several shots at him, hitting him once
in the abdomen.

Dontrell Stevens was stopped "for not bicycling
properly."<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.chicagotribune.com_news_nationworld_chi-2Dflorida-2Ddeputy-2Dshoots-2Ddontrell-2Dstephens-2D20150424-2Dstory.html-23page-3D1&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=A4UAr3dZUZgRLbveaLC96dzUWRFQpNR8U5uHuIdftnQ&e=>
The officer pursuing him "thought the way Stephens rode his bike was
suspicious. He thought the way Stephens got off his bike was
suspicious." Four seconds later, sheriff's deputy Adams Lin shot
Stephens four times as he pulled out a black object from his
waistband. The object was his cell phone. Stephens was unarmed.

Sandra Bland<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cnn.com_2015_07_23_us_sandra-2Dbland-2Darrest-2Ddeath_index.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=InCrHlVb3-pzlycamtWPMAJ224GVLog1PHjyIqV0kjI&e=>,
pulled over for allegedly failing to use her turn signal, was arrested
after refusing to comply with the police officer's order to extinguish
her cigarette and exit her vehicle. The encounter escalated, with the
officer threatening to "light" Bland up with his taser. Three days
later, Bland was found dead in her jail cell. "You're doing all of
this for a failure to
signal?<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cnn.com_2015_07_22_us_texas-2Dsandra-2Dbland-2Darrest_index.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=6Ae00n_2N7lEuT-H5L_m0wM3v_LuSrjL8cl9GWz5oFA&e=>"
Bland asked as she got out of her car, after having been yelled at and
threatened repeatedly.

Keep in mind, from the moment those lights start flashing and that
siren goes off, we're all in the same boat. However, it's what happens
after you've been pulled over that's critical.

Survival is key.

Technically, you have the right to remain silent (beyond the basic
requirement to identify yourself and show your registration). You have
the right to refuse to have your vehicle searched. You have the right
to film your interaction with police. You have the right to ask to
leave. You also have the right to resist an unlawful order such as a
police officer directing you to extinguish your cigarette, put away
your phone or stop recording
them<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.newsnet5.com_news_state_heres-2Dwhat-2Ddrivers-2Dpolice-2Dare-2Dallowed-2Dto-2Ddo-2Dduring-2Dtraffic-2Dstops&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=RGizuRhljSYLgdYffv3RllE8b0JCSM7T8YskUV42Zqo&e=>.

However, there is a price for asserting one's rights. That price grows
more costly with every passing day.

If you ask cops and their enablers what Americans should do to stay
alive during encounters with police, they will tell you to comply,
cooperate, obey, not resist, not argue, not make threatening gestures
or statements, avoid sudden movements, and submit to a search of their
person and belongings.

The problem, of course, is what to do when compliance is not enough.

After all, every day we hear about situations in which unarmed
Americans complied and still died during an encounter with police
simply because they appeared to be standing in a "shooting
stance"<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.washingtonpost.com_news_morning-2Dmix_wp_2016_09_28_police-2Dshoot-2Dblack-2Dman-2Din-2Dsan-2Ddiego-2Dsuburb-2Dsparking-2Dprotests-2Dcircumstances-2Dremain-2Dunclear_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=gdFgqoa_-sEtkyOb3DgzJIGTPUahJ-dNAA2SqMgKoII&e=>
or held a cell phone<https://urldefense.proofpoint.com/v2/url?u=http-3A__lasvegassun.com_news_2015_dec_31_metro-2Dpolice-2Dinvestigating-2Dofficer-2Dinvolved-2Dshooti_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=8WnOff9fOBXV5MTZGBv-w7oUXhR2eRSarEfPAcyHVQs&e=>
or a garden hose<https://urldefense.proofpoint.com/v2/url?u=http-3A__articles.latimes.com_2013_apr_04_local_la-2Dme-2Dln-2Dwater-2Dnozzle-2Dshooting-2D20130404&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=-tZqvasUYj1xwdA0h3iifVr8uC6_u7JUt_X53wMIODU&e=>
or carried around a baseball
bat<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2015_12_27_us_chicago-2Dpolice-2Dfatally-2Dshoot-2D2-2Draising-2Dnew-2Dquestions-2Dfor-2Da-2Dforce-2Dunder-2Dscrutiny.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=sXxetfdGn-IEEuyJnzrWS3Q_tVkFi6RkUXVPHIkP1jg&e=>
or answered the front
door<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2015_12_27_us_chicago-2Dpolice-2Dfatally-2Dshoot-2D2-2Draising-2Dnew-2Dquestions-2Dfor-2Da-2Dforce-2Dunder-2Dscrutiny.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=sXxetfdGn-IEEuyJnzrWS3Q_tVkFi6RkUXVPHIkP1jg&e=>
or held a spoon in a threatening
manner<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nydailynews.com_news_crime_alabama-2Dman-2Drushed-2Dofficer-2Dspoon-2Dfatally-2Dshot-2Darticle-2D1.2336281&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=EmyD8WHjDWx03cjuYb0VjbvwMqSFk15hXMmHxBQ3gDE&e=>
or ran in an aggressive
manner<https://urldefense.proofpoint.com/v2/url?u=http-3A__patch.com_georgia_cartersville_new-2Ddetails-2Dreleased-2Dbartow-2Dofficer-2Dinvolved-2Dshooting-2D0&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=c8RoiyZ9613aKgY57JtuGLYfKyxssDc5hLyfTyR65mk&e=>
holding a tree branch or wandered around
naked<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.cbs46.com_story_28301956_naked-2Dman-2Dshot-2Dby-2Dpolice-2Dofficer-2Dat-2Ddekalb-2Dcounty-2Dapartments&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=zNXqEAReHbGeCOQmSK86VMLRzJl39FH3rsWgHY5TGvs&e=>
or hunched over in a defensive
posture<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.washingtonpost.com_local_crime_man-2Dinjured-2Din-2Dpolice-2Dinvolved-2Dshooting-2Din-2Dbaltimore-2Dsuburb_2015_06_25_84be9f36-2D1b26-2D11e5-2Dab92-2Dc75ae6ab94b5-5Fstory.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=0yGh79vl5o5rD4XQ5qQIq8rmrjmPQc4bXfxKJ0T-CQ4&e=>
or made the mistake of wearing the same clothes as a carjacking
suspect<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.latimes.com_local_lanow_la-2Dme-2Dln-2Dsheriff-2Dshooting-2D20160809-2Dsnap-2Dstory.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=2SlR3kTb74Wvc_AiYvydz0Hhd_jvcyofLl3Adn601QU&e=>
(dark pants and a basketball jersey) or dared to leave an area at the
same time that a police officer showed
up<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.11alive.com_news_local_da-2Dofficer-2Dinvolved-2Din-2Dfatal-2Dmidtown-2Dshooting-2Dfaces-2Dmurder-2Dcharges_274709357&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=WPCJE_OgY2xJjmW1Y-524x1anlGqboWi-Z2uP0Bp_MY&e=>
or had a car break
down<https://urldefense.proofpoint.com/v2/url?u=http-3A__abc7.com_news_tulsa-2Dpolice-2Dshoot-2Dkill-2Dunarmed-2Dblack-2Dman-2Ddoj-2Dinvestigating_1517880_&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=bexx-2ntHpFM2UbnvNw7RjxlpIGCDDfnu3Ts1Jm2usg&e=>
by the side of the road or were
deaf<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2016_08_25_us_nc-2Dtrooper-2Dbeing-2Dinvestigated-2Dfor-2Dshooting-2Dof-2Ddeaf-2Dman.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=Dl8ar3GFNSfDZrRa3nwp_-P-uN6nICvpy8SnCxCGnqE&e=>
or homeless<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.latimes.com_local_lanow_la-2Dme-2Dln-2Dcastic-2Ddeputy-2Dshooting-2D20160803-2Dsnap-2Dstory.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=rlnfniFBt5nKFwOZMqmi5WTSDsofFUX6HHtDa1mZdXw&e=>
or old<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.chicagotribune.com_news_columnists_kass_ct-2Djohn-2Dwrana-2Dtextbook-2Dpolice-2Dforce-2Dcase-2Dkass-2D0111-2D20150111-2Dcolumn.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=aWLeeQ7i6wtKbbNXhXf1gtDQroCTUjK68pzJGZsQhQQ&e=>.

Now you can make all kinds of excuses to justify these shootings, and
in fact that's exactly what you'll hear from politicians, police
unions, law enforcement officials and individuals who are more than
happy to march in lockstep with the police.

However, to suggest that a good citizen is a compliant citizen and
that obedience will save us from the police state is not only
recklessly irresponsible, but it is also deluded and out of touch with
reality.

To begin with, and most importantly, Americans need to know their
rights when it comes to interactions with the police, bearing in mind
that many law enforcement officials are largely ignorant of the law
themselves<https://urldefense.proofpoint.com/v2/url?u=http-3A__reason.com_blog_2014_10_06_today-2Dat-2Dscotus-2Dpolice-2Derrors-2Dvs-2Dthe-2Dfou&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=Vr84lSLLhxLn7joLOhvHF0g4ED9EDKlidjRhP8jNoNw&e=>.

In a nutshell, the following are your basic rights when it comes to
interactions with the police as outlined in the Bill of Rights:

You have the right under the First Amendment to ask questions and
express yourself. You have the right under the Fourth Amendment to not
have your person or your property searched by police or any government
agent unless they have a search warrant authorizing them to do so.
You have the right under the Fifth Amendment to remain silent, to not
incriminate yourself and to request an attorney. Depending on which
state you live in and whether your encounter with police is consensual
as opposed to your being temporarily detained or arrested, you may
have the right to refuse to identify yourself. Presently, 26 states do
not require citizens to show their ID to an officer (drivers in all
states must do so, however).

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

As I make clear the hard part comes in when you have to exercise those
rights in order to hold government officials accountable to respecting
those rights.

As a rule of thumb, you should always be sure to clarify in any police
encounter whether or not you are being detained, i.e., whether you
have the right to walk away. That holds true whether it's a casual
"show your ID" request on a boardwalk, a stop-and-frisk search on a
city street, or a traffic stop for speeding or just to check your
insurance. If you feel like you can't walk away from a police
encounter of your own volition—and more often than not you can't,
especially when you're being confronted by someone armed to the hilt
with all manner of militarized weaponry and gear—then for all intents
and purposes, you're essentially under arrest from the moment a cop
stops you. Still, it doesn't hurt to clarify that distinction.

While technology is always going to be a double-edged sword, with the
gadgets that are the most useful to us in our daily lives—GPS devices,
cell phones, the internet—being the very tools used by the government
to track us, monitor our activities, and generally spy on us, cell
phones are particularly useful for recording encounters with the
police<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.nytimes.com_2014_07_16_nyregion_suit-2Dseeks-2Dto-2Destablish-2Dright-2Dto-2Drecord-2Dnew-2Dyork-2Dpolice-2Dofficers.html&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=hIL3UxsRyvMEEQqbL7yHL4EGiczwf1tGqlnjHgqBnKQ&e=>
and have proven to be increasingly powerful reminders to police that
they are not all powerful.

A good resource is The Rutherford Institute's "Constitutional Q&A:
Rules of Engagement for Interacting with
Police<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.rutherford.org_files-5Fimages_general_Rutherford-5FQA-5FRulesOfEngagement.pdf&d=DwMFAg&c=cBOA5YEoZuz9KdLvh38YxdrPtfJt83ckXekfBgq5xB0&r=CK8oOj7-JYZnTDmB5orNTVZXar6NrsnGtGHfQ5m79Do&m=51kb6N5zZ6MIxw-Qn_UhqGRChQakeIMV6Dn_O-KAaMI&s=5l2chxTAD3KeicV_Si9wW7u21fCV20PQzjiEnn3ij_M&e=>."

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

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