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Old 10-15-2014, 12:50 PM
Hooleehootoo is offline
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Join Date: Apr 2004
Posts: 423
Quote:
Originally Posted by silenus View Post
5 ways to start fixing things:

1) Repeal all civil forfeiture laws

2) Ban "no-knock" warrants entirely

3) Require all cops to wear cameras. If the camera isn't recording at all times, they are immediately terminated.
.... and some other good suggestions.

Here is mine: Require officers to give people they are detaining a little Miranda-type speech similar to when they get arrested. It seems that Daniele Watts, De Shawn Currie, and Jamal Jones might all have been confused about what was happening to them. As I understand it, in all 3 cases the police were making what amounts to a Terry stop, briefly detaining them on reasonable suspicion.

"Under the standard of reasonable suspicion you are being briefly detained so that we can investigate. You have the right to be free from unreasonable search and seizure, but you must identify yourself. The US Supreme court has ruled in Maryland v. Wilson that you must briefly exit your vehicle...." That may not be the correct case to mention, but you get the idea. Tell people they are not being arrested, but detained. Tell them it will be brief. Quote some case authority for putting restraint on them. (While I'm looking for innovation here, why not develop some other type of restraint that is more comfortable and less ominous than handcuffs?) Tell the person what the pertinent state law or case law says about how they must identify themselves.

If the police say something that is obviously formulaic I think it would allay some suspicion in the person stopped that they are being treated arbitrarily.

One line that I have been dying to put into one of these cop threads is that "you should not have to have a semester of Criminal Law, a semester of Constitutional Law and a seminar on the 4th Amendment just to Drive While Black in America!". Instead of requiring it of every citizen, make the cops tell you about Terry, Wilson, Hiibel, Arizona v. Johnson, or whatever.