... into list subjects, but I feel compelled to do so now, given a
recent Supreme Court decision relating to the rights of citizens with
regard to police on-the-spot decisions. There has been a case recently
decided by the Federal Supremes that any police officer can detain,
handcuff and jail any person for any infraction, however minor, if not
specifically exempted by state law.
This case came about because of the desire of a woman in central Texas
who wished to sue the city in which she lived and one of its police
officers. The woman was in her car, with her two children, taking them
back from a soccer match (from all descriptions, she seemed the typical
distracted soccer mom), but none of them had their seat belts fastened.
A local police officer spotted this, and pulled her over. What happened
after that is a little bizarre, even by today's standards. The police
officer arrested her, handcuffed her, put her in the cruiser and took
her to jail. Despite her protestations about her children, he would not
wait for her to find suitable adult supervision for them, she was taken
away, and the car was towed and impounded. She was only released from
jail after she was able to post bond. She was later forced to appear in
court, but the fine for her infraction was only $50, which she paid.
Even after this event, the woman, according to her and others' reports,
did not sue, until she saw the same policeman pull over and verbally
berate an elderly woman for a minor infraction. At that point, she
complained to her local city government about this difficult policeman,
and, getting no relief, sued.
The case eventually was heard by the Federal Supreme Court. That court
decided recently in favor of the policeman and the city, and, in doing
so, created broad new powers for the police everywhere in the country to
arrest and detain people for trivial infractions. All because the city
in which the woman lived defended a bellicose cop.
Now for perspective. In June, 1997, I bought the Triumph I drive daily.
It was not in good shape, but I was, after a twenty-five year lapse in
membership in the VTR, determined to go to the VTR convention in Fort
Worth in July, since I had a new-to-me Triumph. On the day I intended to
leave for Fort Worth, the radiator sprung a big leak, and that
afternoon, I drained the radiator and proceeded to solder shut the leak.
As I was finishing the job, a large, young Spanish woman walked into the
yard and asked to use my phone. In my neighborhood, letting unknown
people in the house to use the phone is not recommended, but, after I
said I did not have a phone, I asked the woman what she needed. She said
she needed a ride to the middle of town. I said, as soon as I finish
what I'm doing, I have to do my laundry, and the laundromat is a few
blocks from there--I'll give you a ride.
So, I gave her a ride. A couple of blocks from the house, she asked me
to stop at her house so she could pick up her purse. Stopped in front of
a nearby house, front door was open, she got her purse, and I didn't
think anything of it, until, four blocks further, I was surrounded by
sheriff's deputies in their cruisers.
The sheriff's deputies removed her from my car, searched her and her
belongings without warrant. Then, they took my license and let me wait
in the car for almost an hour. When the deputy in charge finally came
back to the car, I asked him what was happening. He said they found
drugs in her purse, and she was wanted for theft in another county.
Fine, I said, give me my license and let me leave. I have nothing to do
with her. She asked me for a ride. (Keep in mind that at this time I was
fifty years old and had no record at all, not even a speeding ticket.)
At that point, I was ordered from the car, and thrown on the hood of the
nearest cruiser (which had been idling in the sun all day, so the
surface temperature was about 300 deg. F). Every time I jumped from the
heat, the overfed and not-too-bright deputy searching me yelled, "doncha
move, boy! Doncha move!" He was, at best, thirty, and he was calling me,
"boy."
Upshot. They searched me, spread-eagled on the cruiser, while all my
neighbors were coming home from work and got a good view of me and the
proceedings. They searched my car. They detained me for three more hours
without any charges. They questioned me at length, and finally gave me
back my license and let me leave, after my repeated protestations that I
did not know the woman they arrested.
Was it over? No. For two years, every time one of the deputies involved
saw my car on the road, they followed me. Several times, they followed
me home, and parked in front of my house for forty-five minutes to an
hour, putting me under surveillance. Once, a sheriff's deputy, pacing me
at night on the highway while I was driving the same car, made repeated
attempts to focus the laser of his speed equipment on my rear-view
mirror, in an attempt to damage my eyes. It would have taken a second or
two to determine my speed by aiming the laser at any point on the car,
but he tried to aim it at my interior rear-view mirror for more than two
minutes.
These corn-fed bowsers were sure I was the biggest drug-dealer in
southern New Mexico. Five minutes' research would have revealed that I
spent most of my time at work, and the rest of my time at home. I didn't
have time to deal drugs. I was too busy earning a living honestly.
The point of this is to say that, because of this recent Supreme Court
ruling, those sheriff's deputies are no longer required to resort to
subterfuge. They can now arrest and detain anyone, with impunity (the
law of most states allows up to 72 hours' arrest and detention without
charges).
I encourage all of you to contact your Federal representatives and
senators, and request legislation which overturns this court ruling. If
that's not possible, your state representatives should be encouraged to
amend state law to make such arrest and detention for minor infractions
illegal.
I'm reminded of one of Jack Nicholson's character's lines in "Easy
Rider." "This used to be a helluva good country." We've lost a good deal
more in the intervening thirty-three years after that line was spoken.
Anyone setting foot out of their front door has an obligation to contact
their representatives on this one.... You might not like drugs, you
might not like crime, in general, but you're all suspects, in the eyes
of the law, these days, and especially so with this latest court ruling.
That may sound a bit paranoic, but, it's not. Because of this court
decision, you may find yourself in jail, because you ran into a
policeman with an axe to grind. It's time to stop such nonsense. The
only way to do so is through legislation.
Cheers, all.
--
Michael D. Porter
Roswell, NM (yes, _that_ Roswell)
[mailto:mporter@zianet.com]
`70 GT6+ (being refurbished, slowly)
`72 GT6 Mk. III (organ donor)
`72 GT6 Mk. III (daily driver)
`64 TR4 (awaiting intensive care)
`80 TR7 (3.8 liter Buick-powered)
`86 Nissan 300ZX (the minimal-maintenance road car)
`68 VW Type II Camper (Lancia twin-cam powered, but feeling its age....)
Remember: Math and alcohol do not mix... do not drink and derive.
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