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AP Government & Politics.

Essential Question:

What protections from government intrusion do citizens have and what are the systems and structures created to protect them?

A Syllabus

:

Advice for Students in Dealing with Law Enforcement

Framing & Context:

In recent years a new civil rights movement has arisen in response to numerous law enforcement killings of unarmed Americans. The #BlackLivesMatter Movement, Campaign Zero and countless local autonomous organizations throughout the nation have been created in response to police killings of unarmed Americans. In reviewing these killings patterns become apparent

. I am tired of this cycle. I don’t want you to become a hashtag

like # MikeBrown , # SandraBland , # SamuelDuBose

. That said, none of the things in this syllabus will guarantee your safety, there are no guarantees in life, and adults who tell you otherwise do you a disservice. I hope these resources can help reduce the likelihood that you have an adverse encounter with law enforcement.

You have rights and I encourage you to exercise them:

Americans have a series of protections from government that are laid out in the Bill of Rights. Via the Due Process Clause of the 14

th

Amendment to the US Constitution, these protections have been incorporated (or applied) to the states. That means the following amendments apply in all 50 states. The Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

The Fifth Amendment

: No person shall… be compelled in any criminal case to be a witness against himself, nor

be deprived of life, liberty, or property, without due process of law.

The Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy… the assistance of counsel for his

defense.

When dealing with the law enforcement, you have the right to

refuse unreasonable searches

of your person or property. Your

consent to a search is the same a warrant from a judge

. You also have the

right to remain silent

. Your number one goal when having an involuntary encounter with law enforcement should be disengagement. If you are explaining, you could be self-incriminating or providing probable cause for additional scrutiny. Lastly, you have the

right to an attorney

. If you feel uncomfortable stop talking

—

you should never answer questions, beyond basic factual

matters, without the presence of an attorney, your parents or preferably both.

Specific Terminology Related to Police Use of Force:

Officers are empowered by the State to enforce its laws and are authorized to take away your life and liberty in the process if needed. When studying use of force by law enforcement four terms pop-up frequently. Each one, when used by law enforcement grants them permission from the public to violate your body.



To initiate a search or provide probable cause:

“

They matched the description

…”



To rationalize use of force and blows:

“

Stop resisting

…”



To rationalize discharge of a firearm:

“

I feared for my life

…”



To rationalize use of deadly force: “

The Tueller Drill

…”

Resources:

Flex Your Rights has produced a 40 minute video featuring attorney Billy Murphy Jr. Flex Your Rights has also

created a list of ten rules for people to follow when dealing with law enforcement:

1. Always be calm and cool: a bad attitude guarantees a bad outcome. 2. Remain silent: what you don't say can't hurt you. 3. You have the right to refuse searches: saying no to searches can't be held against you. 4. Don't get tricked: remember, police are allowed to lie to you. 5. Determine if you're free to go: police need evidence to detain you. 6. Don't expose yourself: doing dumb stuff in public makes you an easy target. 7. Don't run: they'll catch you and make you regret it. 8. Never touch a cop: aggressive actions will only earn you a more aggressive response. 9. Report misconduct: be a good witness. 10. You don't have to let them in: police need a warrant to enter your home

Statistics and Useful Links

The British newspaper the Guardian in their By the Numbers

feature, compared European policing to American policing in an article that included the following stats:



American police killed more people in the first 24 days of 2015, than UK police have killed in 24 years.



Stockton, CA had 3xs as many police shootings in the first 3 months of 2015, than Iceland had in the last 71 years.



The US suffered more police shootings in March 2015, than Australia did from 1992-2011. If you are looking for statistics on nationwide police killings the Washington Post published a lengthy report following the protests in Ferguson, Missouri. An organization called Mapping Police Violence uses GIS data to maintain a sortable map of law enforcement killings across the nation. Another Washington Post investigation from August found that black men

—

who constitute 6% of the nation's population

—

account for 40% of the unarmed people killed by police.

Who is doing something about racial profiling by law enforcement?

The NAACP has report called Born Suspect: Stop-

and-Frisk & the Continued Fight to End Racial Profiling in America. It is featured on their website and is accompanied by

a video detailing the report’s findings.

What are my rights if I am undocumented:

MIJA

,

the Montana Immigrant Justice Alliance has a website dedicated to advising immigrants, both documented and otherwise, on how to conduct themselves when dealing with law

enforcement officers. Remember their advice is Montana specific, because (of Federalism) different states have different laws.

“

Knock Knock,

” What to do when law enforcement

knock on your door:

Flex your rights has also created a module called Police at my door: what should I do? It gives specific advice on how to handle yourself when law enforcement

knocks on your door.

A former officer turned activist weighs in

: Redditt Hudson grew up in inner-city Saint Louis and worked as a law enforcement officer for years. In 2014 he wrote an op-ed that was published in the Washington Post, about what he

thinks needs to be done to reduce law enforcement violence.

I suggest you not read the comments.

Tracking Misconduct Nationwide:

The

Cato Institute, a right-leaning Washington based think-tank, maintains a blog called the National Police Misconduct Reporting Project. The blog catalogues reported incidents of police conduct

around the nation.

Jeez this is grim, are there policy solutions?:

Campaign Zero has a ten-part set of policy recommendations to reform law enforcement practices. They include: ending broken windows policing, enhancing community oversight of law

enforcement and putting limits on the use of force by law enforcement.

In closing:

These are just a few links. I could build an entire course around the relationship between citizens and the constabulary.

I think it’s important to point out that

I am not anti-police.

Police work is very difficult and they make choices day-to-day that have life altering impacts. That said, it is my hope that you never have a negative experience with law enforcement, but if you do, it is my hope that you handle yourself well

, even if they don’t.

Excelsior.