Ladies and Gentlemen, the Sixth Article of the Bill of Rights, otherwise known as The FOURTH Amendment of The United States Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[HERE]
In my previous post,
"Is It Open Season On Black Men?" I pose the question regarding the over the top response by the police to Black people in public settings. I also look at the resultant overstep of law enforcement towards the Black community in general and the Black man in particular. This video is more proof of a very real and ongoing problem.
Taken Jan. 31st in Minneapolis St. Paul, MN. You will NOT find a man with a gun, drugs, cigarette, or a criminal record. You will not find a man running from the police while shooting at them, nor one who has just robbed a store. What you will find is a CITIZEN of the United States of America trying to conduct himself in a manner consistent with his rights granted him under the Constitution of the United States which supposedly also guarantees his personal freedoms. This video, if nothing else, is evidence that for some reason, (race being the issue) was denied the opportunity to live out his freedom.
This is shocking. However, it is all too consistent with how many Black people are confronted by the police either privately or within groups. The young man that was harassed by the police in the video said this:
"All of my charges were dismissed as of July 31st which means everything I did I had a legal right to do so... You can say as much as you want against my case... But the fact that it was already dismissed shows your opinionated predisposition when you comment saying Ignorant things... I was vindicated of all charges already..."
Yes, even though I don't know of anyone who would condone police behavior in this incident, this young man has taken criticism for speaking up and out on the issues and making the point, as it is clear that RACE had everything to do with what we witnessed here.
To say that race is not an issue as it pertains to community policing and related issues, is to bury one's head in the sand and separate one's self from the historic understanding of not only what racism is, but how the new racism has extended itself within modern society. To confuse this issue with issues of "Black on Black crime" is further ignorance of the real problem.
The fact is that stereotypes and attitudes against Blacks within society, especially as it pertains to police and issues of freedom, continue to exist...When fellow Americans admit that there is a problem and seek to find solutions to those problems, then we can ALL have a community that we can be proud of. Until then, there is much work to do and all people must be careful and at the same time, demand more from those in authority who have been entrusted to protect ALL citizens of the community.
Blessed!
In certain situations, law enforcement may perform a search when they have a reasonable suspicion of criminal activity, even if it falls short of probable cause necessary for an arrest. Under Terry v. Ohio (1968), law enforcement officers are permitted to conduct a limited warrantless search on a level of suspicion less than probable cause under certain circumstances. In Terry, the Supreme Court ruled that when a police officer witnesses "unusual conduct" that leads that officer to reasonably believe "that criminal activity may be afoot", that the suspicious person has a weapon and that the person is presently dangerous to the officer or others, the officer may conduct a "pat-down search" (or "frisk") to determine whether the person is carrying a weapon.[52] This detention and search is known as a Terry stop. To conduct a frisk, officers must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant their actions.[53] As established in Florida v. Royer (1983), such a search must be temporary, and questioning must be limited to the purpose of the stop (e.g., officers who stop a person because they have reasonable suspicion to believe that the person was driving a stolen car, cannot, after confirming that it is not stolen, compel the person to answer questions about anything else, such as the possession of contraband).[54][55]
On Probable Cause:
The standards of probable cause differ for an arrest and a search. The government has a probable cause to make an arrest when "the facts and circumstances within their knowledge and of which they had reasonably trustworthy information" would lead a prudent person to believe that the arrested person had committed or was committing a crime.[80] Probable cause to arrest must exist before the arrest is made. Evidence obtained after the arrest may not apply retroactively to justify the arrest.[81]
COPBLOCK.COM ~ Are You Required To Show ID On Demand?
[Neither Pastor Harvey Burnett nor the Dunamis Word offers, gives or provides legal advice. Legal information is provided for educational purposes only. Those who are in need of legal representation should seek out appropriate individuals actively engaged in the field or practice of law.]
