Everyone Has the Floyd Arrest Wrong

 

I think the police and district attorney have the wrong problem and the wrong solution.

Based on the say-so of a store clerk, they arrested Floyd. That’s the real problem. They had no evidence that Floyd committed a crime except for the say-so of a store clerk. That’s weak sauce to arrest someone.

There was no threat of violence. There was no danger to society. The police should have taken the statement of the clerk and then gone off to the magistrate to issue a summons for Floyd to appear in court. They should have submitted evidence of the bad $20 bill to the magistrate. Then they should have sought out Floyd and issued him a summons to come to court for a hearing. There should have been no reason to arrest him at all.

The “terry stop” has been a disaster for law enforcement. Police only need a slight pretense in order to detain someone for an investigation, and that gives them the power to search anyone at any time. Terry stops turn our right to be secure in our persons upside down.

We need to overturn “Terry” and force police to have a more substantial reason to search someone. We need to outlaw civil asset forfeitures which gives police a powerful incentive to steal money and property from people.

And we need to stop granting life and death power to the police at any time they wish to issue commands to someone.

George Floyd was not an immediate threat to anyone that day. It is a perversion of the law to put anyone in a life-threatening situation when there was no immediate apparent danger and the police didn’t even have first-hand knowledge of a crime.

About twenty years ago I was accused of passing a bad twenty-dollar bill by a new waitress at my favorite restaurant. Thankfully she didn’t call the police, she chased me down in the parking lot. So we went back inside, I called the manager. She showed the “bad” $20 and the end result was she forfeited her tip and I never saw her working there again. Turns out the $20 was a silver certificate bill. I still have it in my collection. I suppose there might be a chance that it’s a counterfeit bill, I doubt it, but the point is that no one arrested me and society didn’t collapse.

The police have too much power. They have the power of life and death over us at any moment they wish, and it is rare that anyone questions how they wield that power. It’s a recipe for tyranny and it needs to end. We need police reform, not because of racism, which is laughable, but because the police have gotten too dangerously powerful and are a threat to our civilization as they operate now.

Published in Policing
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  1. Ed G. Member
    Ed G.
    @EdG

    Kozak (View Comment):

    Ed G. (View Comment):
    It may be stupid for jaywalking to be a ticketable offense.

    The reason its an offense is because it increases the probability of pedestrian accidents, or motor vehicle collisions.

    Some idiot jaywalks in front of me I may A. Hit him or B Hit another vehicle trying to avoid him.

    There’s a reason for most of the traffic rules we have.

    I agree. Just pointing out that whatever one thinks of the law it is a law and that would be the appropriate topic for debate.

    • #91
  2. Skyler Coolidge
    Skyler
    @Skyler

    Ed G. (View Comment):

    Skyler (View Comment):

    Ed G. (View Comment):

    I jaywalked.

    I ran away when the cop tried to give me a ticket.

    When the cop caught up to me I punched him and ran away again.

    When the cop caught up to me again I picked up a pipe and took a swing.

    The cop tased me, but I’m high so it didn’t really affect me.

    I tried to take his taser

    He shot me.

    ============================================================================================

    Why did he shoot me for jaywalking? Why did we allow this to escalate?

    I think the answer is, it’s stupid to give a ticket for jaywalking. Had this fictitious officer not been so petty no one would have had any problem.

     

    Skyler, you keep leaving out steps in favor of your preference for hating on cops. If you really want, you can start with the city council who makes jaywalking a violation. Next, however, is the citizen who chooses to jaywalk anyway. You keep leaving our the citizen and their choices. Only then does the officer get involved, and and you keep assigning emotional or moral motivations to them instead of duty to enforce law.

    It may be stupid for jaywalking to be a ticketable offense. Take it up with the city council. Stop taking it out on the officer or thinking that you get to declare yourself above such pettiness of the laws of others and then declaring the officer to be at fault for enforcing the duly enacted laws. You want to commit peaceful civil disobedience? Great go ahead – just realize that ends up with you getting arrested to raise a public stink and tp change hearts and minds.

    I think you expect me to disagree with anything you said.  I don’t.  I think the city should bear some responsibility in the amount of force they allow the police to use.  I think it is far too easy for governments to make laws that are petty and unpopular.  That’s why we have too many laws now.

    • #92
  3. Skyler Coolidge
    Skyler
    @Skyler

    Ed G. (View Comment):

    Skyler (View Comment):

    Ed G. (View Comment):

    I jaywalked.

    I ran away when the cop tried to give me a ticket.

    When the cop caught up to me I punched him and ran away again.

    When the cop caught up to me again I picked up a pipe and took a swing.

    The cop tased me, but I’m high so it didn’t really affect me.

    I tried to take his taser

    He shot me.

    ============================================================================================

    Why did he shoot me for jaywalking? Why did we allow this to escalate?

    …. In Austin many years ago, a woman was jay walking. A police officer yelled at her to stop. She didn’t realize the moron was yelling at her so kept going. The police officer ran at her, picked her up and threw her onto the ground.

    So, sticking with the jay walking theme here, I see the officer’s assault on the woman to be excessive. The officer believes his every utterance must be obeyed or he can escalate to deadly force. That is the mentality of our militarized police. That is not what we should expect….

    Yes, that is an example of police escalation and wrongdoing. I disagree that you can conclude that that is the mentality of police generally. I don’t think anyone expects police to think or act that way. In general I don’t think police do act that way, examples of exceptions notwithstanding.

    It depends on where you live.  I wouldn’t care to walk through New Orleans again.  The police there are as crooked as can be.

    • #93
  4. kedavis Coolidge
    kedavis
    @kedavis

    Skyler (View Comment):

    Ed G. (View Comment):

    Skyler (View Comment):

    Ed G. (View Comment):

    I jaywalked.

    I ran away when the cop tried to give me a ticket.

    When the cop caught up to me I punched him and ran away again.

    When the cop caught up to me again I picked up a pipe and took a swing.

    The cop tased me, but I’m high so it didn’t really affect me.

    I tried to take his taser

    He shot me.

    ============================================================================================

    Why did he shoot me for jaywalking? Why did we allow this to escalate?

    …. In Austin many years ago, a woman was jay walking. A police officer yelled at her to stop. She didn’t realize the moron was yelling at her so kept going. The police officer ran at her, picked her up and threw her onto the ground.

    So, sticking with the jay walking theme here, I see the officer’s assault on the woman to be excessive. The officer believes his every utterance must be obeyed or he can escalate to deadly force. That is the mentality of our militarized police. That is not what we should expect….

    Yes, that is an example of police escalation and wrongdoing. I disagree that you can conclude that that is the mentality of police generally. I don’t think anyone expects police to think or act that way. In general I don’t think police do act that way, examples of exceptions notwithstanding.

    It depends on where you live. I wouldn’t care to walk through New Orleans again. The police there are as crooked as can be.

    It’s heavily/wholly Democrat, so that doesn’t surprise me.

    • #94
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