HuffPo | But this idea that cops get to say when and where constitutional
rights apply is so very, deeply misguided that I am shocked anyone could
type it out without coming to their senses mid-sentence. After all, if
you want to get kicked off jury duty, the fastest way is just to say,
"If the cops arrested her, she must have been doing something wrong."
Our entire system of criminal justice is built around the idea that law
enforcement officers are imperfect.
There's an experience I think
every reporter has had, at least once: you are filming or photographing
something, in public, and a police officer demands that you stop. It is
not a request. It is a demand, made with some show of force. On the
second demand, as if by training, they usually indicate that they are
explicitly ordering you to stop. (A deputy sheriff once sped his
SUV, parked about 20 feet away, toward me as a means of punctuating an
"order." I had to jump out of its path.) He or she will likely threaten
to take your camera, or arrest you.
It's hard for the average
person to wrap their minds around the fact that this sort of thing is
fairly commonplace. Most cops, like most people, are nice enough, and
generally just trying to do their jobs. They have our respect, because
they keep us safe by doing work that is more difficult and dangerous
than most. I know a lot of fantastic cops, and I daresay they far
outnumber the bad.
Still, I've been threatened by police officers,
for doing my own job, on four occasions. Little ol' me, the last guy to
cross against the light, without so much as a speeding ticket (still)
on my record. In each of those cases, the police officer backed down
after being calmly informed that he was a public person in a public
space, with no reasonable expectation of privacy. You know, stuff he
should already know. I've been lucky, I suppose. I've certainly never
been arrested or tear-gassed.
What has always troubled me most
about these incidents -- if you can believe it -- is the inescapable
impression that officers really believe they have the right to issue
these "orders," under threat of arrest. As if a law meant to allow cops
to direct traffic somehow trumps the Bill of Rights. First Amendment? Fourth Amendment? They don't need no stinking constitution.
They have guns and handcuffs. And I knew each time that the only reason
I wasn't being arrested was because I came across as the type of person
with means of recourse.
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