A metropolitan police force has a unique position with the public it swears to protect. Unlike a county sheriff’s office that serves civil orders and keeps our jails secure, or highway patrol that prevents traffic accidents and drug smuggling on our roads, or even our state police that maintains order in our governmental institutions and prisons, a beat cop holds the key to real and successful law enforcement through one-on-one contact with everyday citizens.
But that key also represents the fine line between honoring the job and abusing the color of authority. That is why the Aug. 12 Federal Court findings in Floyd, et al. v. City of New York, et al., which found the New York Police Department “stop-and-frisk” policy unconstitutional, is correct. As a retired Salt Lake City police officer, I welcome the decision, as I find the policy abhorrent.
District Judge Shira Scheindlin made the distinction that police officers are supposed to make people feel safe, not threatened. She rightfully said, “No one should live in fear of being stopped whenever he leaves his home to go about the activities of daily life.”
The law is clear: police officers cannot stop someone, detain them, put their hands on them in a search or otherwise, without first establishing probable cause -— at the very least a reasonable suspicion — that the person has engaged in a crime. The policy goes even further in disregard of American civil rights by primarily targeting people based on their color, race, religion or ethnicity. Such behavior puts a black mark on every law enforcement agency in the nation.
The NYPD policy promotes racial profiling, which in turn spawns the fruit of the poisonous vine. Evidence obtained from violating someone’s constitutional rights should never be admissible in court.
New York City Mayor Michael Bloomberg and Police Commissioner Ray Kelly would have us believe the policy has lowered the crime rate since 9/11. But logic and statistics tell us that crimes have diminished because of beefed up security presence from the Department of Homeland Security and private security firms that are common throughout New York City.
Only a small percentage of the people abused by this heinous policy were ever arrested officially or charged with any crimes. Notwithstanding, both Bloomberg and Kelly have faced numerous complaints and lawsuits regarding their own prejudices toward ethnic and racial minorities.
The Constitution of the United States and Bill of Rights, particularly the Fourth and 14th Amendments, are the foundation of our freedoms. They set us apart from the rest of the world by distinguishing an uncompromising system of checks and balances between government and its citizenry. Exploiting or molesting any part of that premise chips the windshield and begins to fracture the structure.
Returning to adherence to the letter of the law that the Constituwtion demands of us is the only way police officers can recapture the sterling reputation we had decades ago. The toxic militant and aggressive approach police departments have been taking on in recent years is destroying the very fabric of excellence housed within the concept of “protect and serve.”
We don’t take an oath to discriminate against race or ethnicity, or to aspire to heavy handedness or excessive force. Officers who relish abuse of the marginalized and poor, those who take advantage of an unconstitutional department policy, or condone mistreating others, are a dime a dozen. Anyone can be a bully.
It takes a special character to walk the blue line, and to remember that every human being deserves basic dignity. Good police officers wouldn’t violate the Constitution even if an inequitable department policy allowed them to.