The Science of Police Abuse Part 1

A billboard along Hwy 290 in Texas. You already know what that flag really represents...

  

In light of the recent police shootings in San Francisco and London, I though I'd do a post on my most recent run in with the laws(police). For those who don't know what's going on: in late July, San Francisco police shot a 19 year old (Kenneth Harding, Jr.) who tried to run from them after he was confronted about not having a bus ticket. There are viral videos all over youtube with the aftermath. In London, members of the working class have been rioting all week due to the shooting of an unarmed man (Mark Duggan) while working. Bored police are a dangerous police, and they are trained to be suspicious and intimidating, they're naturally paranoid, and have the benefit of the doubt when it comes to the law.

   Yesterday a coworker and I were driving home from work. We were on the road around 2am, since we work the night shift. A car that was in front of us suddenly pulled over at a crossover on the highway. The car didn't turn, it just waited for us to pass it. It turned out to be a Texas State Trooper. He pulled out and started following us. He would pull up close behind me, then give me a little room. When I changed lanes, he pulled into my "blind spot" and then backed up. Then he pulled up next to us (looking in the car) then backed into my blind spot again. I'd seen it before, usually with officers working at night. I knew better than to drive straight home, so I drove to the closest gas station (5 miles down the road) where I knew there would be lights, cameras, and witnesses to whatever it was he ws planning to do. He followed us the whole way, driving in my blind spot.

   When we pulled into the parking lot, the officer stood in front of our car waiting for us to get out. He asked where we were coming from, and we said we had just got off work. He asked where we worked; I told him and asked if I needed to call my supervisor. He said no and asked where we were headed; I said "in the store". So the officer opens the door for me and follows me around the store. When I go to check out, the officer goes back outside, gets his flashlight out and starts looking in my car. My coworker went outside to ask him what he was doing. After I finished checking out, I asked the cashier for some paper and a pen. I got the officer's name, badge number, and his license plate number. I'll file a written complaint soon.

   I started off with the story, now let's look at what was going on between the lines. The officer had no valid reason to pull me over, which is why all he could do was follow me then wait until I stopped to ask questions. The way the officer was driving when he first started following us was his way of making his presence known. he wanted to see if he could provoke me to act suspiciously (ie. ducking onto a backroad off the highway, speeding off to evade him, or throwing shit out the window) to give him an excuse to stop us. I acted like I wasn't paying him any attention and kept the same speed.

  When we got to the store, the officers initial approach was legal. He asked questions and I answered. Usually, I won't answer any of an officer's questions. I say "I'm going to remain silent" from the jump, even to the most trivial questions. Legally it puts me at a slight advantage, but out there on the street it can usually make things worse. I've learned from experience that you have to be able to tell when it's best to answer the (trivial) questions and when not to answer any questions at all. I/you should never answer any of an officer's questions or statements that imply criminal activity or probe for signs of guilt (It doesn't matter if you're doing something wrong or not). Now, once the officer let me go into the store, legally, that should have been the end of the encounter. Since I wasn't being detained I could've gone straight into the store from the start, but again, you have to pick the best strategy dealing with bored police officers. In the store, the officer pretended to shop, but always moved to keep me in full view. Stalling, I walked around picking up items, putting them back to get others, and getting stuff I knew I couldn't afford. When I got to the register, I had about 3 or 4 items. I used my bank card to pay first (which I knew didn't have any money on it), then paid for only 1 of the 4 items with change and left the rest.  After my coworker went to see what the officer was doing he said the officer was checking the door handles (to see if they were unlocked). After I got his information my coworker and I went back into the store to talk with the cashier and another local resident until the officer left before heading home. This was clearly racial profiling and harassment, but the situation played out a lot better than what could have been. I could be in the hospital, in jail, or dead.

   The officer crossed the line when he started looking in my car while I was at the register, especially trying to open the doors without my consent. Once he let me enter the store, that should've been the end of the altercation (I was free to go), but he decided to see if there was anything he could find as an excuse to harass us some more, and hopefully make an arrest. Though the police are sworn to protect and serve the citizens of the country, their functional purpose to date has been to serve and protect the interests of the ruling class. Other than that, many of them serve and protect not a goddamn thing. Of course there are plenty of individual exclusions to that statement, the general, practical, function of law enforcement on all levels says otherwise. I've got plenty of stories like this and I tell them to people all the time because there are a lot of people (especially foreigners and upper class, or conservative blacks) who just don't believe or are naive to the nature of police, the affect they have on our communities, or the fact that these conditions can be changed if more people get involved with finding solutions to issues of police abuse.

Part 2 coming soon.

Child Support Aint No Punk

As much as our celebrity and individual cultures glorify promiscuous sex, very few of the music, movies, or any other industry we get ourselves into have much to say about what happens after all the fun and partying is over with. The most we get from these industries is "watch out for the traps some women set" and to "strap up". Very little of it goes into detail describing what life is like once "complications" come up, after the AOP (Acknowledgement of Paternity), or birth certificate (depending on where you live) is signed. If those complications prevent you from staying with the mother, chances are you will end up paying child support.

In Texas, child support starts out at 20% of your check, before taxes are taken out. Every 3 years, or whenever you get a substantial change in your income (large increase or decrease) you will go to court to have your funds and sources of income reviewed, and you will be assigned a new monthly child support rate. The woman can also ask for more money if her financial situation changes. Whatever the case may be, the matter is taken to court, where a judge will decide whether to raise, lower, or maintain the CS payment rate.

Don't have the money? Well, the judge can give you time to get it (usually 30 days, but then again, it's up to the judge). Still don't have it? That's a felony with 6 months jail time. What kind of jobs are out there for felons? You can (or will) also lose your driver's license or any other kind of license you have (commercial driver's license, hunting license, conceal and carry license, certification, etc.), and take hits to your credit. After you get out of jail, you will still owe the woman the original amount, plus 12% interest to the state, which can also be compounded. (That $5000 can turn into $10k real quick.) And remember, all of this is taken out of your check BEFORE taxes. You may not even get one. Then whose car, house, business loan, credit card, or student loan can you get with no money and bad credit?

Also, even if the woman doesn't put you on child support right away, she can still file to place you on child support at any time up to 3 months before the child turns 18. You will have to pay child support for all the years that you "missed", plus (again) the 12% interest to the state, per month. There is also no guarantee that the money will be spent on your child(ren) - but that depends on the woman. What if you could PROVE in court that she wasn't spending the money on your child? You still have to pay. You might not enjoy seeing that new car, jewelry, TV, etc. that she bought for her and her new boyfriend, but if all that is what "coming up" means to you then you should be proud to know that you bought it for them. You can try to fight for custody if you want. If you have permanent custody of the child, but 97% of the time, you will spend a lot of money losing that case. Most of the resources I found on winning a custody battle as a father involved dramatic and (legally) unreliable or irrelevant arguments. (Example: writing own what times you picked the child up, what time you read to them, which books, and how long, etc.) You also still have to pay child support even if the mother refuses to let you see the child, including if she moves out of state.

With all the horror stories (that I've heard from people on child support now, and a brochure from the government) where does this leave us?

1)      Watch where you stick your d*ck. If you’ve gotten to know the woman well enough to jump in the sack, you should know if she is the type to put you on child support, or not. If so, you should know if she will put the money to good use or if she will use the courts to cut your manhood to make a living off you (and/or whomever else she gets pregnant by).

2)      Be present to educate your kids. The boys need to know how to avoid putting themselves in that position in the first place. That means going past their feelings to learn about the women that they form relationships with, since they all have their own patterns and habits. and how to handle the situation if he slips up and falls for “the trap”. For the girls, they need to know how to live independently so they don’t have to depend or prey on any of the men that they form relationships with. Child support was originally meant (or should only be) used against parents (women can be placed on child support, too) who aren't living up to their responsibility.But to know that, that boy and/or girl needs to know what a man taking care of his family is supposed to look like. That example should come from you, and others in the community.

3)  Fix your own problems to maintain your family. We all have insecurities and vices that we fight every day. When we beat one, another comes up. The key is to be aware of how and why these vices and insecurities cause problems, and how to resolve them. At the least, keep them from interfering with ou own growth and family life.

Although we should be trying to maintain our own families, child support can be seen as a fire being put under our asses to make sure we at least make an effort to maintain them. Is the state doing this because they care if our families stick together? Honestly, only to the degree that stable families (or dysfunctional families for that matter) either help or have a neutral affect on the state itself. We should use the pitfalls explained in the stories above as motivation to rise to that occasion once we enter a relationship, or become parents. If not fear of the pitfalls, then the children and their future. Maintaining the family structure is part of how the Black community is to get its power and freedom.

*The details used in the description of child support came from stories of men on child support, and from the state(Texas) issued brochure on child support, custody, and visitation rights of noncustodial parents.

Watching the Watchmen: Your Rights and the Police (Part 2)

This Is The Police: Put Down Your Camera

The link above is to an article describing an altercation in which a Black teenage girl recorded a police encounter while riding the bus (public transit). The officers took her phone, deleted the video, and detained her (kept her in the squad car, cuffed) for a while, then let her go.

I was in a similar situation this article a couple years ago ('09). My roommates had called me outside because one of our housemates (Jay) was being arrested suspected of drunk driving and evading the police. The police had said that they followed him from campus all the way back to our house. At the time he was going through some things, and was in a rut of depression and suffering from all the things that depression can bring.

I came outside with a pencil and paper, asking the officers for their information. The lady cop was cool, she just asked me to step back until they were done. I stepped from the edge of the carport, back to the front door (to give them distance). One of the other officers kept asking Jay direct questions like had he been drinking and why didn't he stop, etc. I kept yelling out to him that all he had to give them was his name and address, and to remain silent after that. Jay was wasted so he kept talking, but I kept yelling out the same thing. 

The officer that was asking the questions got mad and approached me telling me to go back in the house. He said I was interfering with his investigation. I told him that I was standing a safe distance away, that I had a right to be where I was, and a right to observe and record what they were doing. He said if I didn't go back in the house I'd be getting in the back of the squad car with my homeboy. I wouldn't move so he started counting, and one of my other housemates finally told me to just go inside. 

We all went back in the house(and locked the door). I opened the window to the front room, and kept writing everything down and saying the same stuff I had been yelling outside, LOL. Finally the officer told Jay that he "should listen to your homeboy because he's probably a criminal justice major", and then he looked at me and said "but we're trained professionals so we know more about what we're doing than you". I just said "OK" and wrote all that down. They arrested him, and I recorded everything that the housemates had taken out of his car before the officers had the car towed away. Afterwards, I went back outside to meet with the lady cop who came back and gave me the names and badge numbers of the other officers who were present. The one that had told me to go back in the house was quick to get back in his car.

First thing in the morning I called one of my mentors who is a law professor and asked him the procedure for filing a formal police complaint. I explained the situation to him, and he told me to type everything up and that he would make a few calls (he is well known around the school and town). "Jay" got out of jail the same day, didn't have to pay bail, got his car back, and all charges against him had been dropped. That part had more to do with the pull that the mentor had with officials around town, but if I hadn't reacted the way I did my homeboy would most likely be rotting in TDC (Texas Department of "Corrections") right now.

Expanding on the ideas covered in Part 1, these are examples of what can happen when you assert your rights, and how the police may react due to the fact that most of them don't really know how to react. Most of them are not used to their activities being observed or dealing with a citizen that knows his/her rights and asserts them properly. Whether your situation ends up like the sister's in the article, or like the one I just described, if we don't actively observe the police and assert our rights, we will continue to be victimized. Learn your rights, study the law, and prepare for whatever the response will be whenever you are tested.

Watching the Watchmen: Your Rights and the Police (Part 1)

This is a letter that I wrote to the editor of my school newspaper last month. I don't know if the editor just didn't get it or if I should have sent it to the newspaper repeatedly until the letter was published in the paper, but it was never published regardless. SO... here it is.

Keeping us informed of our rights as citizens in general and during police encounters was one of the primary goals behind the formation of many groups during the Civil Rights and Black Power eras, case in point: The Black Panther Party for Self-Defense. The BPP aimed to educate members of the Black community their legal rights as citizens and human beings, as well as how to assert and defend those rights. Although the BPP no longer exists, there are still groups and individuals who do wish to inform the Black community of their rights, and this work should continue.

On April 1st, SGA (Student Government Association) hosted an event titled "Your Rights and the Police" featuring members of the Prairie View police department, and various District Attorneys from Dallas County, many of which were PV alumni. The reason I attended is because the flier advertising the event stated that the panel would discuss our rights during police encounters in public, in our cars, and at home. I was disappointed to see that that did not happen.

The underlying message that I got from some of the panelists who spoke was that the police are being victimized by the media, we should not assert our rights and let the police do what they want during encounters. Others did speak to the fact that crooked officers exist, and gave advice on filing formal complaints and stressed the importance of keeping written or audio/video records of police encounters. Still, the problem that I have with a majority the information given during the event is that given the panel member's professions I believe they fully understand our rights and the benefits of asserting them, and chose not to fully inform us about them. As police officers and District Attorneys, their success is primarily driven by the public's ignorance of their rights and the law in general, especially in the Black community. This ignorance can be seen as a factor contributing to the high incarceration rate of Blacks in America.

"The [Miranda] warning, which is intended to inform you of your rights regarding police questioning, does not have to be read to you if you are not placed under arrest. The reason for this is that if you are not arrested for committing a crime, you are not going to trial, so you don’t need to be warned that what you say can be used against you during trial." (http://mirandarights.org/prearrestquestioning.html)

Although it is true that being responsible and not breaking the law is the best way to protect oneself during police encounters, the fact still remains that criminals and law abiding citizens alike are protected by the Constitution. We are protected from self-incrimination by the 5th Amendment, and protected from unwarranted searches and seizures by the 4th Amendment. During a police stop, it is my right to decide whether or not I will answer the officer's questions, or to say "I am going to remain silent" or "I do not consent to searches, or dog sniffs" whether I am breaking the law or not. It is also my right and responsibility to thoroughly READ the warrant, if presented, before allowing the police to conduct a search or arrest. If I am not breaking the law, I am simply asserting my rights as a citizen. If it should happen that I am found to be breaking the law, the fact that I asserted my rights may grant me some protection in court.

The message that the panel had regarding those statements is that if you had nothing to hide you wouldn't need to use those statements, which makes someone who does use the statements appear suspicious. The fact behind that assumption is that many people do not know that they have the right to make those statements during police encounters. For those who do know they may not feel comfortable doing so, or may be intimidated by the police and fearful of the consequences if they do use them. I believe if more people learned their rights and asserted them that it would make the people who currently assert their rights appear less suspicious.

The Texas Penal Code even goes as far as to give citizens the right to defend themselves in the event that an officer uses excessive force while conducting a search or arrest (Texas Penal Code - Chapter 9 - Subchapter C, Subsection C) Given the amount of police abuse and misconduct that occurs throughout the US involving Black people, it would be beneficial for citizens to know these rights and provisions given by law to citizens and officers alike. But, knowing the most probable consequences, that course of action is not advised unless a life-or-death situation immediately calls for such actions. Instead, one should record the altercation if possible (with a voice recorder, video camera, or even having someone on the phone to listen during the encounter). Always make sure that you get the name (with correct spelling) and badge number of every officer present at the altercation. Put it in writing as soon as possible, contact witnesses, and file a formal complaint against the officers with the police department and the American Civil Liberties Union(ACLU). You won't win anything arguing or fighting the police in the street, so record and document everything you can and use it against them in court.

Despite the methods of asserting and protecting one's rights, how would one know that they even had the right to defend themselves or someone else in that situation, alone not knowing that the concept of illegal searches, illegal arrests, and inadmissible evidence even exist without studying the law themselves or being informed by someone who has? I personally think every citizen, namely Black men and women, should own or find access to a copy of Black's Law Dictionary, know how to gain access to legal resources including the state and federal Constitution, and keep a copy of legal advice for handling police encounters with them in the car, at home, or somewhere close by.

The police and DA's have their responsibilities but we as citizens and members of the Black community also have the responsibility of protecting ourselves by learning, asserting, and defending our rights. We owe it to ourselves, the coming generations, and the members of the generations before us who fought for us to have those rights in the first place by learning what our rights are, how to exercise them properly, and using them to the best of our ability should our time come.

Prentice Sams

Resources For More Information

Texas State Constitution and Statutes
http://www.statutes.legis.state.tx.us/

Texas Penal Code - Chapter 9 - Subchapter C, Subsection C
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.9.htm#9.31

Exclusion from Criminal Liability - Personal Defense

(c)  The use of force to resist an arrest or search is justified:
    (1)  if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and
           (2)  when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.
 (d)  The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.


MirandaRights.org
http://mirandarights.org/
*This site also includes links to free legal advice

http://www.copwatch.org/
Focuses on resources for fighting police misconduct. Plus- strategies and techniques to combat police abuse, brutality, harassment, and corruption.

Flex Your Rights
http://www.flexyourrights.org/
* This site includes explanations of your rights and examples of how to exercise them.

WARNING: Although I deal with legal terms and ideas, I am not a lawyer, I've never been to law school, and none of the ideas expressed in the letter should be taken as professional legal advice.