by John W. Whitehead, Rutherford Institute:
“You know, when police start becoming their own executioners, where’s it gonna end? Pretty soon, you’ll start executing people for jaywalking, and executing people for traffic violations. Then you end up executing your neighbor ‘cause his dog pisses on your lawn.”—“Dirty Harry” Callahan, Magnum Force
When I say that warrior cops—hyped up on their own authority and the power of the badge—have not made America any safer or freer, I am not disrespecting any of the fine, decent, lawful police officers who take seriously their oath of office to serve and protect their fellow citizens, uphold the Constitution, and maintain the peace.
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My concern rests with the cops who feel empowered to act as judge, jury and executioner.
These death squads believe they can kill, shoot, taser, abuse and steal from American citizens in the so-called name of law and order.
Just recently, in fact, a rookie cop opened fire on the occupants of a parked car in a McDonald’s parking lot on a Sunday night in San Antonio, Texas.
The driver, 17-year-old Erik Cantu and his girlfriend, were eating burgers inside the car when the police officer—suspecting the car might have been one that fled an attempted traffic stop the night before—abruptly opened the driver side door, ordered the teenager to get out, and when he did not comply, shot ten times at the car, hitting Cantu multiple times.
Mind you, this wasn’t a life-or-death situation.
It was two teenagers eating burgers in a parking lot, and a cop fresh out of the police academy taking justice into his own hands.
This wasn’t an isolated incident, either.
In Hugo, Oklahoma, plain clothes police officers opened fire on a pickup truck parked in front of a food bank, heedless of the damage such a hail of bullets—26 shots were fired—could have on those in the vicinity. Three of the four children inside the parked vehicle were shot: a 4-year-old girl was shot in the head and ended up with a bullet in the brain; a 5-year-old boy received a skull fracture; and a 1-year-old girl had deep cuts on her face from gunfire or shattered window glass. The reason for the use of such excessive force? Police were searching for a suspect in a weeks-old robbery of a pizza parlor that netted $400.
In Minnesota, a 4-year-old girl watched from the backseat of a car as cops shot and killed her mother’s boyfriend, Philando Castile, a school cafeteria supervisor, during a routine traffic stop merely because Castile disclosed that he had a gun in his possession, for which he had a lawful conceal-and-carry permit. That’s all it took for police to shoot Castile four times as he was reaching for his license and registration.
In Arizona, a 7-year-old girl watched panic-stricken as a state trooper pointed his gun at her and her father during a traffic stop and reportedly threated to shoot her father in the back (twice) based on the mistaken belief that they were driving a stolen rental car.
This is how we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat the citizenry like suspects and criminals.
The lesson for all of us: at a time when police 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”—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 is being a driver in a traffic stop.
On average, one in 10 Americans gets pulled over by police.
Of the roughly 1,100 people killed by police each year, 10% of those involve traffic stops.
Historically, police officers have been given free range to pull anyone over for a variety of reasons.
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), having anything dangling from the rearview mirror (air fresheners, handicap parking permits, toll 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. 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, 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, provided they provide a palatable pretext for doing so.
Black drivers are almost two times more likely than white drivers to be pulled over by police and three times more likely to have their vehicles searched. As the Washington Post concludes, “‘Driving while black’ is, indeed, a measurable phenomenon.”
In other words, drivers beware.
Traffic stops aren’t just dangerous. They can be downright deadly.
Patrick Lyoya was pulled over for having a mismatched license plate. The unarmed man was shot in the back of the head while on the ground during a subsequent struggle with a Michigan police officer.
Reportedly pulled over for a broken taillight, Walter 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.”
Samuel Dubose, also unarmed, was pulled over for a missing front license plate. 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, 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. 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.” 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.
That police are choosing to fatally resolve these encounters by using their guns on fellow citizens speaks volumes about what is wrong with policing in America today, where police officers are being dressed in the trappings of war, drilled in the deadly art of combat, and trained to look upon “every individual they interact with as an armed threat and every situation as a deadly force encounter in the making.”
