Tuesday Midday Briefs

Police Issue is a Nationwide Problem

In an incident caught on videotape and showed on youtube, Los Angeles Police Officers repeatedly beat a suspect in the face as he cries out that he could not breathe. The FBI is now investigating the incident that occurred in August.

In November at UCLA a student in the computer lab was shot with a Taser and of course this incident was caught on film. “As the student was screaming, UCPD officers repeatedly told him to stand up and said “stop fighting us.” The student did not stand up as the officers requested and they shot him with the Taser at least once more.” The incident horrified bystanders and is also under investigation.

Meanwhile last week in New York, a man was leaving his bachelor party at a strip club in Queens that was under police surveillance and he was shot and killed by at least 50 bullets. That matter is now under investigation.

While these incidents are under investigation and we should use caution in drawing too broad conclusions before they have gone through due process. It is important to be aware of a trend that seems to be developing, especially as we have given the federal government broader discretion in dealing with terrorists. It seems we have tacitly given approval for state and local law enforcement to infringe on the rights of citizens.

All of these incidents should concern us because here in Davis, there have been multiple complaints against the police department. The most serious is one that has not been publicized yet, it involved a June beating of an 20-year-old college student of Iraqi decent. He was beaten outside of his apartment after a neighbors wife called the police following an altercation. The punch line if you will is that it was the student’s friend who was involved in the altercation, which was a mild verbal disagreement.

While the level of police misconduct has not risen to the level of those incidents in Los Angeles or New York, it should be a cause for concern. The hiring of an ombudsman is really only the first step.

Every week, I hear of a new racial profiling incident. Racial profiling is a particularly insidious problem because it is difficult to detect, nearly impossible to prove, but it ends up undermining the trust of entire segments of the community.

Busted–The Citizen’s Guide to Surviving Police Encounters

A somewhat unlikely source sent me this youtube video. It is a 46-minute piece done by Ira Glasser, former head of the national ACLU and it gives citizens a guide for how to handle encounters with the police both in terms of asserting your rights during such encounters, but also how you should respond to various types of situations. I highly recommend that you click on this site when you have a chance to watch it and bookmark it for future reference.

I’m going to give the link here but eventually put it on the side-bar as a permanent link.

http://www.youtube.com/watch?v=3NmC5wHfCdM

Author

  • David Greenwald

    Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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Categories:

Civil Rights

36 comments

  1. Tapes like that should be part of the orientation of all UCD students – as well as college students nationwide. I will make sure my son (my younger son) attending UC Santa Cruz watches it – I refused to let him attend UCD because of the DPD.

    You have had a lot of discussion about bullying in schools and police abuse. A common tread is that too many people seem to be attracted to police work because it gives them an opportunity to bully people – mainly young people who do not know how to handle the situation.

    We need more honest police officers who have the ability to rationally think things through before they act. Perhaps there are places where police must act on instinct, but those places do not include Davis, Calif.SAH

  2. Tapes like that should be part of the orientation of all UCD students – as well as college students nationwide. I will make sure my son (my younger son) attending UC Santa Cruz watches it – I refused to let him attend UCD because of the DPD.

    You have had a lot of discussion about bullying in schools and police abuse. A common tread is that too many people seem to be attracted to police work because it gives them an opportunity to bully people – mainly young people who do not know how to handle the situation.

    We need more honest police officers who have the ability to rationally think things through before they act. Perhaps there are places where police must act on instinct, but those places do not include Davis, Calif.SAH

  3. Tapes like that should be part of the orientation of all UCD students – as well as college students nationwide. I will make sure my son (my younger son) attending UC Santa Cruz watches it – I refused to let him attend UCD because of the DPD.

    You have had a lot of discussion about bullying in schools and police abuse. A common tread is that too many people seem to be attracted to police work because it gives them an opportunity to bully people – mainly young people who do not know how to handle the situation.

    We need more honest police officers who have the ability to rationally think things through before they act. Perhaps there are places where police must act on instinct, but those places do not include Davis, Calif.SAH

  4. Tapes like that should be part of the orientation of all UCD students – as well as college students nationwide. I will make sure my son (my younger son) attending UC Santa Cruz watches it – I refused to let him attend UCD because of the DPD.

    You have had a lot of discussion about bullying in schools and police abuse. A common tread is that too many people seem to be attracted to police work because it gives them an opportunity to bully people – mainly young people who do not know how to handle the situation.

    We need more honest police officers who have the ability to rationally think things through before they act. Perhaps there are places where police must act on instinct, but those places do not include Davis, Calif.SAH

  5. It is important to educate our children on how to behave and ways to respond to questioning when stopped by the police. Calm and cooperative behavior goes a long way toward ensuring the safety of the person being stopped and also for the safety of the officer.

    This should be required education for every Junior High and High School student. They can get in a heap of trouble by doing or saying the wrong thing.

  6. It is important to educate our children on how to behave and ways to respond to questioning when stopped by the police. Calm and cooperative behavior goes a long way toward ensuring the safety of the person being stopped and also for the safety of the officer.

    This should be required education for every Junior High and High School student. They can get in a heap of trouble by doing or saying the wrong thing.

  7. It is important to educate our children on how to behave and ways to respond to questioning when stopped by the police. Calm and cooperative behavior goes a long way toward ensuring the safety of the person being stopped and also for the safety of the officer.

    This should be required education for every Junior High and High School student. They can get in a heap of trouble by doing or saying the wrong thing.

  8. It is important to educate our children on how to behave and ways to respond to questioning when stopped by the police. Calm and cooperative behavior goes a long way toward ensuring the safety of the person being stopped and also for the safety of the officer.

    This should be required education for every Junior High and High School student. They can get in a heap of trouble by doing or saying the wrong thing.

  9. I wonder if the local ACLU has proposed to do any presentations at Davis High School. They could teach the kids something about their rights, demonstrate that they are on the side of young people and express concerns about young people mistreating/bullying other people. That presentation could be a win win all the way around.SAH

  10. I wonder if the local ACLU has proposed to do any presentations at Davis High School. They could teach the kids something about their rights, demonstrate that they are on the side of young people and express concerns about young people mistreating/bullying other people. That presentation could be a win win all the way around.SAH

  11. I wonder if the local ACLU has proposed to do any presentations at Davis High School. They could teach the kids something about their rights, demonstrate that they are on the side of young people and express concerns about young people mistreating/bullying other people. That presentation could be a win win all the way around.SAH

  12. I wonder if the local ACLU has proposed to do any presentations at Davis High School. They could teach the kids something about their rights, demonstrate that they are on the side of young people and express concerns about young people mistreating/bullying other people. That presentation could be a win win all the way around.SAH

  13. Steve Pierce, interim police chief, mentioned that he has offered to do a presentation to all government classes (usually 12th graders) at the High School, but was told that there was not enough time in the semester to covered the required curriculum to do that. When I was in high school (in the mid-70’s), we had a student teacher do a 3 week “seminar” that covered civil rights and basic consumer law. It turned out to be invaluable information to have later on in my young adult life.

  14. Steve Pierce, interim police chief, mentioned that he has offered to do a presentation to all government classes (usually 12th graders) at the High School, but was told that there was not enough time in the semester to covered the required curriculum to do that. When I was in high school (in the mid-70’s), we had a student teacher do a 3 week “seminar” that covered civil rights and basic consumer law. It turned out to be invaluable information to have later on in my young adult life.

  15. Steve Pierce, interim police chief, mentioned that he has offered to do a presentation to all government classes (usually 12th graders) at the High School, but was told that there was not enough time in the semester to covered the required curriculum to do that. When I was in high school (in the mid-70’s), we had a student teacher do a 3 week “seminar” that covered civil rights and basic consumer law. It turned out to be invaluable information to have later on in my young adult life.

  16. Steve Pierce, interim police chief, mentioned that he has offered to do a presentation to all government classes (usually 12th graders) at the High School, but was told that there was not enough time in the semester to covered the required curriculum to do that. When I was in high school (in the mid-70’s), we had a student teacher do a 3 week “seminar” that covered civil rights and basic consumer law. It turned out to be invaluable information to have later on in my young adult life.

  17. I suppose it is a matter of perspective, however to have the DPD teach this information would be be like inviting a fox into a hen house to discuss how to avoid being eaten by foxes.
    Nobody would believe anything being said.

  18. I suppose it is a matter of perspective, however to have the DPD teach this information would be be like inviting a fox into a hen house to discuss how to avoid being eaten by foxes.
    Nobody would believe anything being said.

  19. I suppose it is a matter of perspective, however to have the DPD teach this information would be be like inviting a fox into a hen house to discuss how to avoid being eaten by foxes.
    Nobody would believe anything being said.

  20. I suppose it is a matter of perspective, however to have the DPD teach this information would be be like inviting a fox into a hen house to discuss how to avoid being eaten by foxes.
    Nobody would believe anything being said.

  21. Thanks for the video.

    At one point, it says we need to check state law about the rights of citizens when being asked to show ID to a police officer, because it varies from state to state. Any idea where to find the answer to that question for California?

    Thanks.

  22. Thanks for the video.

    At one point, it says we need to check state law about the rights of citizens when being asked to show ID to a police officer, because it varies from state to state. Any idea where to find the answer to that question for California?

    Thanks.

  23. Thanks for the video.

    At one point, it says we need to check state law about the rights of citizens when being asked to show ID to a police officer, because it varies from state to state. Any idea where to find the answer to that question for California?

    Thanks.

  24. Thanks for the video.

    At one point, it says we need to check state law about the rights of citizens when being asked to show ID to a police officer, because it varies from state to state. Any idea where to find the answer to that question for California?

    Thanks.

  25. According to the California Vehicle Code § 12951 (2006)

    “(B) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code”

    So that suggests that if the police have a valid reason for pulling you over, you are required to present your license upon demand. If you are pulled over unlawfully, then you should probably still present your ID and then fight then on an unlawful stop.

    “stopping automobile and detaining driver solely to check driver’s license and registration without suspicion that vehicle or driver is subject to seizure for violation of law is unreasonable under Fourth Amendment”

    (See Delaware v. Prouse (1979) 440 U.S. 648, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660, 673)

  26. According to the California Vehicle Code § 12951 (2006)

    “(B) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code”

    So that suggests that if the police have a valid reason for pulling you over, you are required to present your license upon demand. If you are pulled over unlawfully, then you should probably still present your ID and then fight then on an unlawful stop.

    “stopping automobile and detaining driver solely to check driver’s license and registration without suspicion that vehicle or driver is subject to seizure for violation of law is unreasonable under Fourth Amendment”

    (See Delaware v. Prouse (1979) 440 U.S. 648, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660, 673)

  27. According to the California Vehicle Code § 12951 (2006)

    “(B) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code”

    So that suggests that if the police have a valid reason for pulling you over, you are required to present your license upon demand. If you are pulled over unlawfully, then you should probably still present your ID and then fight then on an unlawful stop.

    “stopping automobile and detaining driver solely to check driver’s license and registration without suspicion that vehicle or driver is subject to seizure for violation of law is unreasonable under Fourth Amendment”

    (See Delaware v. Prouse (1979) 440 U.S. 648, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660, 673)

  28. According to the California Vehicle Code § 12951 (2006)

    “(B) The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code”

    So that suggests that if the police have a valid reason for pulling you over, you are required to present your license upon demand. If you are pulled over unlawfully, then you should probably still present your ID and then fight then on an unlawful stop.

    “stopping automobile and detaining driver solely to check driver’s license and registration without suspicion that vehicle or driver is subject to seizure for violation of law is unreasonable under Fourth Amendment”

    (See Delaware v. Prouse (1979) 440 U.S. 648, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660, 673)

  29. I meant more if you’re just stopped on the street (like in the second scenario in the movie). If a cop says, “show me your ID,” when do you have to show it to them? In the video the kid is just sitting on a bench minding his own business when the officer asks.

    One example for Davis is if you’re “pulled over” while riding your bike. Like, do you have to show your DL to an officer if you don’t have a bike light? What if you don’t even tell the officer your name — would the officer be able to arrest you at that point, even for such a minor infraction?

    The video’s web site talks a little more about the differences from state to state:

    http://www.flexyourrights.org/frequently_asked_questions#07

    California is not one of the states with “stop and identify” laws. I’m still not clear what that means though. I guess in California an officer can detain you but not arrest you if you don’t furnish a DL when they ask based solely on suspicions. But if they decide to arrest you, is it at that point you have no choice?

  30. I meant more if you’re just stopped on the street (like in the second scenario in the movie). If a cop says, “show me your ID,” when do you have to show it to them? In the video the kid is just sitting on a bench minding his own business when the officer asks.

    One example for Davis is if you’re “pulled over” while riding your bike. Like, do you have to show your DL to an officer if you don’t have a bike light? What if you don’t even tell the officer your name — would the officer be able to arrest you at that point, even for such a minor infraction?

    The video’s web site talks a little more about the differences from state to state:

    http://www.flexyourrights.org/frequently_asked_questions#07

    California is not one of the states with “stop and identify” laws. I’m still not clear what that means though. I guess in California an officer can detain you but not arrest you if you don’t furnish a DL when they ask based solely on suspicions. But if they decide to arrest you, is it at that point you have no choice?

  31. I meant more if you’re just stopped on the street (like in the second scenario in the movie). If a cop says, “show me your ID,” when do you have to show it to them? In the video the kid is just sitting on a bench minding his own business when the officer asks.

    One example for Davis is if you’re “pulled over” while riding your bike. Like, do you have to show your DL to an officer if you don’t have a bike light? What if you don’t even tell the officer your name — would the officer be able to arrest you at that point, even for such a minor infraction?

    The video’s web site talks a little more about the differences from state to state:

    http://www.flexyourrights.org/frequently_asked_questions#07

    California is not one of the states with “stop and identify” laws. I’m still not clear what that means though. I guess in California an officer can detain you but not arrest you if you don’t furnish a DL when they ask based solely on suspicions. But if they decide to arrest you, is it at that point you have no choice?

  32. I meant more if you’re just stopped on the street (like in the second scenario in the movie). If a cop says, “show me your ID,” when do you have to show it to them? In the video the kid is just sitting on a bench minding his own business when the officer asks.

    One example for Davis is if you’re “pulled over” while riding your bike. Like, do you have to show your DL to an officer if you don’t have a bike light? What if you don’t even tell the officer your name — would the officer be able to arrest you at that point, even for such a minor infraction?

    The video’s web site talks a little more about the differences from state to state:

    http://www.flexyourrights.org/frequently_asked_questions#07

    California is not one of the states with “stop and identify” laws. I’m still not clear what that means though. I guess in California an officer can detain you but not arrest you if you don’t furnish a DL when they ask based solely on suspicions. But if they decide to arrest you, is it at that point you have no choice?

  33. I think it is the same basic the rule–the point at which they can detain you (i.e. prevent you from leaving) is the point at which they can demand identification. But I could be wrong.

  34. I think it is the same basic the rule–the point at which they can detain you (i.e. prevent you from leaving) is the point at which they can demand identification. But I could be wrong.

  35. I think it is the same basic the rule–the point at which they can detain you (i.e. prevent you from leaving) is the point at which they can demand identification. But I could be wrong.

  36. I think it is the same basic the rule–the point at which they can detain you (i.e. prevent you from leaving) is the point at which they can demand identification. But I could be wrong.

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