Rule of Law

The police have awesome power. They can stop you. They can search you. They can arrest you. They can shoot you. They can interrogate you. They can put you in jail. They can ruin your reputation and your life.

Most police do, I believe, take that power very seriously. I do believe that most police have the public interest in mind.

But some police, with the public interest in mind, let that power go to their heads. They abuse it, usually — and almost always initially — for the best of reasons. “There’s something about this guy I don’t like, so I’m going to roust him.” “He knows something. Let’s lean on him a bit and see if he spills it.” “I’m sure this guy is guilty, so let’s plant something just to be sure the courts agree.”

Of course, power corrupts. And the more you exercise power corruptly, the more corrupt you become. And the “best of reasons” becomes convenience, kicks, greed, ego, and power for the sake of power. 

So we wrap our police in laws and procedures. We try to ensure that the inevitable bad apples (or the ones that might go bad if allowed to) are restricted from doing so. They still have awesome power, but there are still restraints to prevent the more obvious abuses. Restrictions on searches and surveillance. Probable cause. Requiring identification as police. Mandatory investigations in cases of shootings. Even more fundamentally civil rights enshrined in the Constitution.

Every now and then, someone comes up with the brilliant idea of loosing these restrictions. “Don’t let criminals get off on technicalities,” they say. “Let the police do their jobs,” the say. “They’re professionals,” they say. “We’re at war,” they say. “The Constitution is not a suicide pact,” they say. “It’s just for now, until things settle down,” they say. “Only the guilty need be afraid,” they say.

And so the wrappings are loosened, the few guy wires holding down that awesome power are weakened or detached. And, sure as shooting …

The Maryland State Police surveillance of advocacy groups was far more extensive than previously acknowledged, with records showing that troopers monitored — and labeled as terrorists — activists devoted to such wide-ranging causes as promoting human rights and establishing bike lanes.

Intelligence officers created a voluminous file on Norfolk-based People for the Ethical Treatment of Animals, calling the group a “security threat” because of concerns that members would disrupt the circus. Angry consumers fighting a 72 percent electricity rate increase in 2006 were targeted. The DC Anti-War Network, which opposes the Iraq war, was designated a white supremacist group, without explanation.

One of the possible “crimes” in the file police opened on Amnesty International, a world-renowned human rights group: “civil rights.”

[…] Police have acknowledged that the monitoring, which took place during the administration of then-Gov. Robert L. Ehrlich Jr. (R), spiraled out of control, with an undercover trooper spending 14 months infiltrating peaceful protest groups. Troopers have said they inappropriately labeled 53 individuals as terrorists in their database, information that was shared with federal authorities. But the new documents reveal a far more expansive set of police targets and indicate that police did not close some files until late 2007.

The surveillance ended with no arrests and no evidence of violent sedition. Instead, troopers are preparing to purge files and say they are expecting lawsuits.

Not every cop is like this. Not every police department is like this. But some are, to some degree or other. Sometimes it’s a power thing. Sometimes it’s just bad judgment. Sometimes it’s the those famous hell-pavers, good intentions. But power, unrestrained, will be abused, as surely as the sun rises and sets.

Even with the restrictions, abuses happen.

Police in Galveston, Texas are being sued for allegedly arresting a 12-year-old Dymond Larae Milburn outside of her home as a prostitute in 2006. The girl did not realize that the plainclothes officers were police and fought back as she screamed for her father inside the house. She was reportedly beaten by the officers and ended up with sprained wrist, two black eyes, a bloody nose, and blood in an ear. Weeks later, the police arrested her for resisting arrest.
 

Sgt. Gilbert Gomez and Officers David Roark and Sean Stewart have insisted that their conduct was entirely appropriate.

The police were responding to a report of three white prostitutes working in the area, but some how ended up arrested and roughing up a 12-year-old black girl in front of her house.

The honor student was then arrested at her middle school on a charge of resisting arrest — but a mistrial prevented further prosecution.

For a copy of the complaint, click here.

For the full story, click here.

Justice may be done — but remember how often we hear calls for more “good faith” protections and relaxation of oversight and how very rarely cops ever get actually fired, let alone prosecuted, for offenses.

Which, of course, puts other cops in more danger, for a variety of reasons. Not to mention non-cops.

Again, I have utmost respect for police officers as a whole. They do very literally put their lives on the line, not to mention deal with the most unpleasant aspects of society, and they protect me and my loved ones from harm. 

But they are heroes who are, in reality, “super-heroes” — with powers (firearms, billy clubs, tasers, not to mention the ability to arrest) far beyond those of most mortals. With that great power must come great responsibility — both internal and imposed. 

Anyone who’s read this blog for a long time knows I respect and appreciate the vast majority of our policemen and women. Calling for clear and strict rules for them to follow, laws that restrict their behavior, and limits on their power doesn’t diminish that appreciation. Corruption and beatings and killings do. Things like that stain the reputations of the officers out there doing the job right. They make it harder for good officers to do their jobs.

Amen. Watching the watchmen isn’t just good for us, it’s good for them, too.