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-   -   My worst security experience (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/728230-my-worst-security-experience.html)

copwriter Aug 30, 2007 3:18 am


Originally Posted by JakiChan (Post 8301932)
Has it occurred to you that perhaps your background causes you to interpret their behavior differently than a "civilian" might?

It absolutely does, and that sort of perception was even recognized by the USSC in the 1960s in Terry v. Ohio. But there's another way that a cop's perception affects the way he does his job. Cops see up close and personal a lot of stuff that other people just hear about. When you're changing out of a bloody uniform and washing the remains of a drunk driving victim off of your hands, you may get real closed-minded about someone who tells you they are "perfectly fine to drive." My police career ended prematurely because another motorist didn't "believe" in wearing seat belts. And I was one of the first people on scene at the crash of a commercial airliner where 68 people burned to death before my eyes. Yes, I do see the world differently than most other people.

You also have to keep in mind that a cop lives and dies on his powers of perception. Things that are "JDLR" (just don't look right) are often things that merit closer attention and caution. I've heard in training courses that more than 90% of communication is non-verbal. I'm not sure how this is quantified, but I do know that any young cop that ignores everything except the words someone is saying to him will be unlikely to become an old cop.


Originally Posted by JakiChan (Post 8301932)
Yes, I suppose it's more "efficient" to command fear than it is to command respect. In choosing to use that tool you choose the consequences of that tool - this you get the public perception many have of LEOs.

Unless there is an existing relationship between cop and citizen, any disrespect shown the cop is a disrespect of the cop's authority and the institution that goes with it. The same people who have an automatic disrespect of the cop often have a similar feeling about the law. When you walk into a situation that was hostile even before you were introduced into it, there's not a lot of time for those nifty Dale Carnegie techniques. If you choose to take the actions of the cop personally, that's your call - they're seldom intended that way.


Originally Posted by JakiChan (Post 8301932)
And again that outlook shows how little you respect civil rights. Not that I'm saying that you've violated any, but your lack of respect of the fact that we, the public, have willingly given up some of our freedoms and put them in your hands demonstrates the problem.

You're making quite a leap of logic here. My advice was similar to "don't smoke while you're putting gas in your car." If you're dealing with the world's most congenial and tolerant security officer, cop, or TSO, you can probably say anything you want to them. But I think we both agree that people in these positions are not always congenial and tolerant to the nth degree, and giving them a bad time when they're in the middle of doing their jobs just isn't going to come to any good end. Make your protest or complaint at the time and place that is appropriate.


Originally Posted by JakiChan (Post 8301932)
Your conviction in this belief is staggering. :rolleyes:

Cops, TSOs and security guards are recruited from the human race. They are subject to the same stresses as everyone else. Most of the cops I know (and I've said before that I probably know more than most of the people here) are very patient, tolerant people who work well under stress. All the same, it just makes no sense to me at all when someone decides to bait, taunt, retaliate or test someone who has the power, at least in the short haul, to make your life miserable. This isn't an issue of civil rights. This is an issue of judgment and self-preservation.

My work causes me to be aware of many, many acts of police misconduct. Every one of them disgusts me, because it disgraces the entire profession. Yet, I have to keep in mind that less than 1% of all sworn officers are ever charged with serious misconduct. When I see a cop, I expect that he will conduct himself professionally. I sense that you expect otherwise. There is something to the theory of self-fulfilling prophecies.


Originally Posted by JakiChan (Post 8301932)
Then feel free to go rail against the evils of doctors at doctortalk.com or whatever forum you feel appropriate. Here it's just a fallacious argument .

Saying that my arguments are fallacious does not make them so.


Originally Posted by JakiChan (Post 8301932)
My gut feeling is that folks who tell people to "shut up and do what you're told" are not so much concerned about the true mission of law enforcement (the old "protect and serve" motto) as they are about enjoying their (misperceived) authority to push people around and get annoyed at anything that would threaten that - like someone insisting on their rights. Since I drive pretty sanely I don't get stopped often and only one time has the officer not been polite - and that was when I politely declined the officer's request to search my car (which was, as they are want to do, phrased in a way as to indicate it wasn't really a question). Then he was much less polite. I'm sorry that our Constitution got in your way - there are a lot of places without one and maybe you'd be happier there?

Did you make a complaint with the officer's agency, or did you just save the memory to use when you wanted to make a point about how cops are just power trippers? By your own admission, you're basing this on ONE police contact out of several you have experienced.

There is a certain amount of salesmanship to the "may I search your car?" procedure. Pure and simple, it's a fishing expedition for contraband. If the officer has probable cause to search the car, he's going to do so, although he might ask first because a consent search isn't limited by the scope of the probable cause. It's a technique that results in the recovery of a lot of evidence. Trying to intimidate the driver into the consent search can invalidate the search, as it can be deemed as having been coerced. That's bad police work. If you let it slide, you've allowed that practice to continue.

And, if you don't want to consent to the search, just reply, "No, officer, I don't want you to do that. Am I free to go?" Repeat the question until you get a "yes" or "no" response. The officer isn't violating your constitutional rights by asking, and you aren't surrendering them by refusing.


Originally Posted by JakiChan (Post 8301932)
Ah, another fallacy.

There are two problems that we complain about here. One is the policies and the other is how they are implemented (or not implemented). If they were done so politely (no barking) and consistently I think you would see a lot less complaints on here. I would bet you would say that you wouldn't, since clearly we're all anarchists who reject any authority. But I would point out that the method of implementation seems to tie in to the people who created the policies - they seem less interested in safety than in creating a climate of fear so that folks are reminded of the threat they are not really fighting. I would submit that such an attitude carries down to (many) of the line TSOs.

Bad policies implemented politely are a lot more palatable. I have no complaints about the security people at LHR, for example - their policies are just as stupid as ours but the people were polite and courteous. It's amazing what that sort of outlook will do to the experience...

At LHR, you're dealing with another culture where police are concerned. When I've compared notes with English and Canadian cops, we both become aware of how each other's methods would be often disastrous in the opposite environment.

And I'm not saying that you reject any authority. I am saying that you're looking for opportunities to challenge authority, and then you're offended when the authority figure doesn't back down and apologize profusely for insulting your sensitivities.

There is a joke sound file that pretends to be the answering message for the police department's voice mail system. It ends with, "...and remember, our job is to protect your butt, not kiss it."


Originally Posted by Superguy (Post 8303497)
You mean a rational sheep. Saying to a cop "hey, i'm going to rob that bank across the street" is stupid and warrants further investigation. Calling someone a fascist, a pig, or whatever doesn't. It only bruises an ego.

It also calls attention to the speaker and identifies him as someone who likes to challenge authority. Not a crime in itself, but most people who do this are also in the habit of ignoring the law. Cops appreciate it when these people identify themselves, because it saves the effort of having to locate them themselves. It's not a violation of the law for you to call the cop an insulting name, but it's also not a violation of your constitutional rights for the cop to continue to observe you closely and carefully from any place the cop has a right to be. Once again, we have the alligator and swamp warning.


Originally Posted by nigelloring (Post 8303545)
Isn't the definition of "civil liberties" something like "doing whatever one wants, whereever and whenever one wants to do it, so long as it doesn't harm anyone else"?

I've got it as "the basic rights guaranteed to individual citizens by law." There are lots of activities that would fall into your definition that wouldn't fit in mine.


Originally Posted by Superguy (Post 8305335)
Or the cop sets the example. Here's one I see in MD all the time. In fact, I saw this last week.

People see a cop (county cop, state trooper, etc) driving down the highway. Everyone drives the speed limit to watch what the cop does. Cop has no flashers on and is doing 20mph over. Guess what everyone else then does?

Some cops drive fast because they can. I know that and so do you. I don't think they should do it, either, but they mostly don't care what I think.

There is a legitimate reason for patrolling a freeway in excess of the speed limit. If you drive with the flow of traffic, you won't see anything except the vehicles surrounding you, and those won't change much as you move down the highway. Drive faster than the flow of traffic, and you'll be coming up behind "new" people all the time. If you turn on your emergency lights, the people doing things they shouldn't will desist until the cop is gone.

I lived in Maryland for a year and a half, up until last January. I found MD drivers to be the most aggressive I have seen anywhere. That driving behavior has nothing to do with the presence of the state police or anyone else's police.


Originally Posted by Superguy (Post 8305335)
Same applies at a TSA checkpoint. I walk into a screening with a neutral attitude despite my severe distaste for TSA. If they're pleasant, I have no problems. Cop (pun intended :D) an attitude with me and they'll get it right back. Get a retaliatory secondary (like those don't exist :rolleyes:), file a complaint.

I submit that you're sending a non-verbal message that you're looking for trouble. While the TSA folks vary in their skill at spotting it, they're supposed to be looking for people that are acting differently. And if you get the "attitude," trying turning your own cheek and replying pleasantly. It doesn't keep you from making your complaint later, if you're still inclined. But I think you'll find trouble if you go to the checkpoint looking for and expecting it.


Originally Posted by Superguy (Post 8305335)
I've only every argued with a cop twice and it was when they were clearly full of it. First time was in downtown SLC. They had some roadblocks up and were redirecting traffic to prevent cruising. People weren't letting me over so I was stuck. I do a U turn and the cop pulls me over. Tells me I did an illegal u-turn. I told him the law and he checked it. I was right, but he gave me a warning for doing it too close to the barricade. I got my point across, he saved face. Everyone was happy.

Other time, the cop wrote me in an accident for driving too fast for conditions. This despite the fact that it was a sunny day and I had just pulled out of a stop light in a Civic. Couldn't go fast if I wanted to. I caused the accident. Had he written me up for something else, like not looking where I was going, no problem. Instead, he was an idiot and I told him exactly what I thought. The ticket was already written so there wasn't much he can do. Took it to court and the citation was reduced and written correctly. If I'm wrong, fine, but don't write me up for some BS thing ... do it right.

It is a well-known element of American behavior that, upon learning that the person encountered is an off-duty cop, the American will describe a traffic stop encounter that they are certain is unique in the annals of law enforcement. Congratulations, you came up with two.


Originally Posted by Superguy (Post 8305335)
I agree that the cop should stay within the legal system. That said, they shouldn't be writing up for stuff they themselves aren't doing. Did your cop friend REALLY have a litter bag in his car?

That was an entirely fictitious illustration of what life would be like if cops went straight by the book and did not allow any interpersonal communication to enter into their decisions. The way it's usually done is called "officer discretion," and it works in the favor of the motorist more often than not.


Originally Posted by Superguy (Post 8305335)
And if the screenee allows his/her rights to be violated, his rights are on the line. It's lose/lose.

Given that an airport security checkpoint is a special environment where no probable cause is required for a search, what rights are you referring to?



Originally Posted by Superguy (Post 8305335)
Isn't that a little egotistical to assume? ;)

Given the condescending tone I often see here (especially when TSOs and other lowly government employees are under discussion) and the lack of recounting of experiences at Close Guantanamo rallies and Free Mumia fundraisers, my sense is that the concern here is far more focused on personal inconvenience and having to submit to the authority of uneducated, minimum-wage, just-off-welfare peons such as those employed by the TSA.


Originally Posted by Superguy (Post 8305335)
Sure, there are those type of people. They're everywhere. The opposition is still right, just for the wrong reason.

It isn't about buffaloing the gatekeeper. It's about the government keeping its promise to be professional and give us better security than what we had without infringing on folks' rights. It fails miserably on both accounts.

First, you don't have a "right" unless the Constitution says you do, and the courts (which interpret the Constitution) have determined that the 4th Amendment doesn't apply in every environment and situation. So I don't buy that increased airport security has violated anyone's rights. And the effectiveness of security is measured mainly in what doesn't happen, so that metric is largely speculation. As for the professionalism, I seriously believe they're doing the best they can. I get annoyed with the TSA and the security procedures, just like everyone else. But I also take into account that these folks have what may be close to the ultimate thankless job, so I think I tend to cut them more slack than you do.

By the way, I got a secondary search a couple of weeks ago. Don't know why, probably never will. The TSO could have been making a training film for professional conduct. I still don't feel violated.


Originally Posted by Superguy (Post 8305335)
Mr Officer isn't always right. We see where this attitude gets us elsewhere (Iraq anyone?). And that's exactly why this attitude sucks.

I'm missing the Iraq reference, but I think you're missing my point. Don't mess with the alligator while you're still in the swamp. Unless you're about to be injured, do what you're told and be polite. When you're done, ask for the appropriate identifiers and make your complaint, if you're inclined. In the airport situation, you'll be more likely to make your plane.


Originally Posted by Superguy (Post 8305335)
Orange for calling a cop out when he's wrong. Please. :rolleyes:

In a police situation, go to jail when you probably could have avoided it. There's a time and place for everything. If you are so much wiser and more mature than the cop, demonstrate it by controlling yourself.


Originally Posted by JakiChan (Post 8313844)
Was the citizen within his rights? Yes. Was he acting badly? Yes. Was the cop within his rights? Yes. Did the cop act badly? YES. Should the cop, who is allowed to carry a gun and to arrest you be held to a higher standard? Absolutely.

I agree on all points except the cop acting badly. The cop was acting to modify the behavior of the motorist. And it appeared to have worked, at least for the moment. There is a lot of parenting behavior in police work, and sometimes it involves teaching people things they should have learned as a child - like when to keep your mouth shut.


Originally Posted by JakiChan (Post 8313844)
The official objective, yes. "Revenue enhancement" is often a secondary objection and one that often overtakes safety.

A common complaint that seldom has any factual support. There have been a few instances where municipalities have used traffic fines as a disproportionate source of funding. It's far more common that there is no incentive for cops to write tickets. As a patrol officer, I could have gone years without writing a ticket and no one would have said a word to me about it. One of my academy classmates made it to his ten-year anniversary and still had most of his original issue ticket book of 25 citation forms.

If I wrote a standard (e.g. not something aggravated, like DUI or reckless driving) moving violation ticket, and the violator took it to trial, the city lost money, as the bill for the prosecutor's time and my overtime far exceeded the standard fine, and that assumed the violator was found guilty, which was not always the case.


Originally Posted by JakiChan (Post 8313844)
The sad part is that cops are often the worst drivers. I was buzzed on the freeway one night by municipal cops easily doing 20 over, no lights. No reason for no lights on the freeway at night.

See my response on this above. And cops that are truly bad drivers don't remain cops for very long. If your license gets suspended or you wreck your car, you're inconvenienced. The cop that does that is going to be disciplined or fired, especially if it happens more than once. And he spends a good chunk of his working life in that car.


Originally Posted by JakiChan (Post 8313844)
That being said - I am very respectful of the CHP. They are always very professional and extremely courteous.

Nice to hear, and I agree that the CHP is a good agency, but they are no better or worse than cops anywhere else, all other things being equal.


Originally Posted by JakiChan (Post 8313844)
Of *course* cops want you to give up your rights. They just get in the way of their job. And hey, you don't need that lawyer because I just want to help you!

If you ask for a lawyer in a situation where you're entitled to one, and you're refused, you have your court case in the bag. There are many situations where you may think you have a right to have an attorney present, when in fact you do not.

Even so, it's a good idea to know your rights (not just what you think they might be, which is probably wrong). I taught criminal justice full time for eight years. I can tell you that my typical student, whom you might expect to have an above-average interest in the topic, didn't have a clue.


Originally Posted by JakiChan (Post 8313844)
(Note: the ACLU [something which many cops hate since the bill of rights is such an obstacle for them] has a pretty good guide for how to behave at a traffic stop. Just remember that even politely asserting your rights in a traffic stop will often cause the officer to be rude/vindictive.)

Are you basing this statement on the single incident you detailed above? That's quite an assumption for having so little data. If I see you respond rudely to a TSO in an airport, would it be fair for me to assume that you are emotionally unstable and anti-social? Wow, you have no business getting on an airplane.

By the way, I know several cops who are members of the ACLU. Granted, it's unusual, but most of the cops I know are committed to working within the law. Doing otherwise invites lawsuits and FBI civil rights investigations.


Originally Posted by JakiChan (Post 8313844)
First off, the guy with the gun should *always* keep his temper. If he can't then we should take the gun away. You're given the option of deadly force and that's a huge reason why you're held to a higher standard. It's also why a cop (or former cop) with a 'tude as huge as yours is much more alarming than a security droid at the airport.

'Tude? I think I've been very polite and reasoned. That you do not agree with me does not mean that I am wrong (or that I have a "'tude").

I don't know of anyone that can't be made to lose their temper. Cops that use force out of anger lose their jobs, and even wind up in jail. If you know of a way to recruit these perfect, saintlike human beings, I think you could make a lot of money. Please keep in mind that virtually every major police agency in the country is heavily recruiting, and the reason they can't find enough cops is because they turn away too many applicants whom they feel are unqualified. Bad credit, poor driving record, drug use, even a minor criminal record, poor physical condition, poor writing skills - any of those will get you DQ'ed. Of those that get past that gauntlet, some get disqualified on the psychological screening. Did you have to take a psych test to get your job? Can you be compelled to take another one to keep it? I think you're being a little too judgmental about the quality of American police.

By the way, remember that comment I made about people here being condescending? Why is someone making an honest living as a security officer a "droid"? Are you that socially superior to him, and how do you determine this?


Originally Posted by JakiChan (Post 8313844)
Correction:

In the field a cop will be happy to violate your civil rights to you. While the officer is in the act of defecating on the Constitution it is best to let him do so. Nothing enrages the Blue Breasted Flatfoot more than failing to bow before his authority and such failure can easily lead to his rage and you can end up with a concussion or a GSW. Much like the Tyrannosaurus Rex, just stand still, don't say anything, and hope it goes away before it eats you.

Nasty authority figure complex you have there. Have you considered counseling?


Originally Posted by JakiChan (Post 8313844)
And if you think that doing so will have any positive effect without videotape then prepare for disappointment. Cops are very good at protecting their own even in the face of overwhelming evidence of misconduct.

I worked in an era that mostly predated dashcams in patrol cars. Cops still got fired for misconduct, and other cops still reported them and testified against them. Do cops protect their own? Sure, sometimes. So do members of every other profession I can think of. Please make an argument for me that supports that this covering up is the standard, rather than the exception.


Originally Posted by JakiChan (Post 8313844)
Remember to alway respect the police the same way you'd respect a rattlesnake. You don't respect a rattlesnake because you think it's honorable or nice or anything - you respect it because it can hurt you. The moment you forget that it will.

I'd definitely consider that counseling.

Well, friends, this has been fun, but I've spent too much time on this dialogue when I should have been doing actual work. Take care, and if you choose to wave at the next policeman you see, please use all of your fingers.

PatrickHenry1775 Aug 30, 2007 3:53 am


Originally Posted by copwriter (Post 8318957)
First, you don't have a "right" unless the Constitution says you do, and the courts (which interpret the Constitution) have determined that the 4th Amendment doesn't apply in every environment and situation.

WRONG, WRONG, WRONG, WRONG!!!! The Founding Fathers almost unanimously believed in natural law, that all people had basic rights that exist independent of government. The people surrendered some of their rights and freedoms to the national government and also to state and local governments. However, copwriter is 180 degrees from the truth of which party does not have a right unless the Constitution says.

Some delegates to the Constitutional Convention were not convinced that Americans had rights other than those specified in the Constitution. Therefore, the Bill of Rights included the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." It is distressing that a law enforcement officer who taught criminal justice full time for eight years misstated such a fundamental tenet of our government. But now some other views make sense.

LEX-LGA Commuter Aug 30, 2007 4:43 am

And I was one of the first people on scene at the crash of a commercial airliner where 68 people burned to death before my eyes.

Interesting that you would make this claim here, on a forum where the members are more knowledgeable than the general public about such things. You see, I recognized the "68 dead" number. However, the only one I'm aware of was American Eagle, and they died upon impact in Indiana after suffering icing.

Please elaborate......

Global_Hi_Flyer Aug 30, 2007 7:18 am


Originally Posted by copwriter (Post 8318957)
First, you don't have a "right" unless the Constitution says you do,

Please square that statement with the 9th and 10th Amendment, to wit:

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.



and the courts (which interpret the Constitution) have determined that the 4th Amendment doesn't apply in every environment and situation.
Not a lawyer, but my understanding was that the courts have defined what was "reasonable" in terms of searches and seizures, as opposed to outright saying it doesn't apply.

Wally Bird Aug 30, 2007 9:50 am

different accident

JakiChan Aug 30, 2007 6:00 pm


Originally Posted by copwriter (Post 8318957)
Yes, I do see the world differently than most other people.

Admitting your bias is great. Now just keep it in mind when forming our arguments.


Originally Posted by copwriter
Unless there is an existing relationship between cop and citizen, any disrespect shown the cop is a disrespect of the cop's authority and the institution that goes with it.

Unless, of course, the officer is disrespectful in the initial contact. And when the officer is disrespectful then he is disrespecting the trust that the public has placed in him and disrespecting his duty as an officer.


Originally Posted by copwriter
If you choose to take the actions of the cop personally, that's your call - they're seldom intended that way.

...and vice versa.


Originally Posted by copwriter
Make your protest or complaint at the time and place that is appropriate.

That I would agree with - but for different reasons.


Originally Posted by copwriter
All the same, it just makes no sense to me at all when someone decides to bait, taunt, retaliate or test someone who has the power, at least in the short haul, to make your life miserable. This isn't an issue of civil rights. This is an issue of judgment and self-preservation.

Exactly. I agree with you. The cop can easily abuse his authority to make your life miserable. So be afraid of them, like you're afraid of anything that can hurt you.


Originally Posted by copwriter
When I see a cop, I expect that he will conduct himself professionally. I sense that you expect otherwise.

You sense incorrectly. I just consider being respectful of a citizen to be part of being professional. They usually are.


Originally Posted by copwriter
Saying that my arguments are fallacious does not make them so.

No, you making fallacious arguments makes them fallacious. I'm just pointing it out.


Originally Posted by copwriter
Did you make a complaint with the officer's agency, or did you just save the memory to use when you wanted to make a point about how cops are just power trippers?

To answer your question, yes I made a complaint. Nothing happened. An illegal search seems to be considered to be no big deal unless something is found. Of course in my case nothing was found.


Originally Posted by copwriter
There is a certain amount of salesmanship to the "may I search your car?" procedure.

Of course there is. I mean if you made it clear that the "person of interest" was giving up his constitutional right to be free from unreasonable searches then I doubt you'd get many to go for it. Many times it seems this "salesmanship" is dishonest - but salesmen often are.


Originally Posted by copwriter
It's a technique that results in the recovery of a lot of evidence.

Yes, getting around the bill of rights often does. Of course it leads to things like calling people "enemy combatants" and deciding it's just easier to ignore their rights completely - but you get the evidence you want, right?


Originally Posted by copwriter
And, if you don't want to consent to the search, just reply, "No, officer, I don't want you to do that. Am I free to go?" Repeat the question until you get a "yes" or "no" response. The officer isn't violating your constitutional rights by asking, and you aren't surrendering them by refusing.

In my case that's what I did. He said he was going to search my car anyway. I asked if I was free to go, he said no. He had no probable cause but my lawyer said that since there was no real impact of the search, other than my being handcuffed and held illegally in the back of a police car for a while, that a civil suit would be fruitless.

So like you my outlook is framed by my experiences. I no longer trust the police as much as I once did.


Originally Posted by copwriter
At LHR, you're dealing with another culture where police are concerned. When I've compared notes with English and Canadian cops, we both become aware of how each other's methods would be often disastrous in the opposite environment.

I really fail to see how courtesy won't work in America. I fail to see how the TSA "barkers" are necessary. The Americans in line with me in LHR didn't fail to respond to the polite security folks just because they weren't barked at.


Originally Posted by copwriter
I am saying that you're looking for opportunities to challenge authority, and then you're offended when the authority figure doesn't back down and apologize profusely for insulting your sensitivities.

And I'm saying that if cops are gonna treat everyone like perps then they will get treated like jack-booted thugs. It's a vice versa.


Originally Posted by copwriter
There is a joke sound file that pretends to be the answering message for the police department's voice mail system. It ends with, "...and remember, our job is to protect your butt, not kiss it."

Don't worry, every industry makes fun of their customers. As an IT person we love to talk about how stupid people are when in front of a keyboard.


Originally Posted by copwriter
It's not a violation of the law for you to call the cop an insulting name, but it's also not a violation of your constitutional rights for the cop to continue to observe you closely and carefully from any place the cop has a right to be. Once again, we have the alligator and swamp warning.

When you piss off an alligator it injures you. It seems like you're advocating that a copy can injure you if you piss him off. While I free admit it happens I still think it's wrong.


Originally Posted by copwriter
I've got it as "the basic rights guaranteed to individual citizens by law."

That displays a disturbing lack of understanding of the constitution for a cop.


Originally Posted by copwriter
Some cops drive fast because they can. I know that and so do you. I don't think they should do it, either, but they mostly don't care what I think.

Did you ever let a fellow LEO off for speeding when he showed you his badge? I've got an acquaintance that likes to drive fast. He's got an M3 Convertible - very fast car. He's also a reserve police officer. His main reasons for being a reserve police officer are: 1. Driving fast and getting out of it. 2. Carrying a gun whenever, which is hard in a state that really doesn't do CCP. 3. Getting more slack when it comes to having parties - the town he live in has hard-core noise ordinances.

Now you can say that he's a bad example, except for this: The getting out of free card that the badge provides for speeding would be useless if it wasn't honored by every copy he runs in to. City police, county sherrifs, CHP...on one speed run alone to Vegas he got pulled over 3 times. Got off every time. I guess it's just a question of what you consider to be misconduct - I find that particular example to be pretty widespread.


Originally Posted by copwriter
There is a legitimate reason for patrolling a freeway in excess of the speed limit.

That's totally kosher. Although one time, at about 1am, I was passed by a pair of Rancho Cordova cruisers going at least 85, without their lights, on the freeway. I can see no real reason for that. I called their non-emergency number but again there was a lack of interest in the threat to public safety they posed.


Originally Posted by copwriter
I submit that you're sending a non-verbal message that you're looking for trouble.

I submit that the TSA is provoking their message with the barking and such long before they see you. Furthermore their bosses have made flying so painful that to expect us, the customer, to be polite and happy is unreasonable. Even just doing their job 100% professionally they're going to have the deal with unhappy people. But their attitude makes it a lot worse. I again point towards LHR, as silly as their policies are, as an example of a better way to do it.


Originally Posted by copwriter
and the lack of recounting of experiences at Close Guantanamo rallies and Free Mumia fundraisers,

No, I just don't complain *here*. I complain elsewhere - like places where drivers post. :)


Originally Posted by copwriter
First, you don't have a "right" unless the Constitution says you do

Wow, that's really scary to hear from a cop. I thought they trained you guys better than that when it came to laws. I mean I know you're not lawyers but damn.


Originally Posted by copwriter
As for the professionalism, I seriously believe they're doing the best they can.

I think you're either setting the bar way too low or saying that they're hiring people without the ability to be courteous.


Originally Posted by copwriter
The TSO could have been making a training film for professional conduct. I still don't feel violated.

I took two trips this summer - one to the UK and one to FLL. I always get secondary since I'm not supposed to take my shoes off. At SFO they were tolerable - I'm hesitant to attribute rudeness to what may simply be a lack of facility with the English language. FLL was flawless. I even went out of the way to go to the supervisor, point out the guy who did the screening, and say that he was awesome and to please thank him for me. The UK was fairly polite, and ORD was insanely rude. So it can clearly vary. But when they're good I do make sure to thank them.

In a police situation, go to jail when you probably could have avoided it. There's a time and place for everything. If you are so much wiser and more mature than the cop, demonstrate it by controlling yourself.


Originally Posted by copwriter
I agree on all points except the cop acting badly.

Yes, we obviously disagree. I submit that cops long ago lost the moral authority to "parent" me. That's not your job - your job is to enforce the laws fairly.


Originally Posted by copwriter
A common complaint that seldom has any factual support.

Would you like to go read about red light cameras and speed cameras and try that again? Like when the cops send you a "nomination" that makes you think you have to pay something when you do - it's very fascinating. If a private business did it then it would be fraud.


Originally Posted by copwriter
See my response on this above. And cops that are truly bad drivers don't remain cops for very long.

I wouldn't say the guy I know is a bad driver - he's a pretty good driver. We've tracked together. He just drives very fast....and is still a cop.


Originally Posted by copwriter
Nice to hear, and I agree that the CHP is a good agency, but they are no better or worse than cops anywhere else, all other things being equal.

That has not been my experience. I don't know if it has to do with pay or with the stress they are under but the cops in the nicer areas are...nicer.

For example, the cops in my town, although there are far too many of them doing traffic stops, are pretty decent. I go out of my way to avoid cops in, say, Oakland.


Originally Posted by copwriter
There are many situations where you may think you have a right to have an attorney present, when in fact you do not.

If you don't have a right to have an attorney present then you can't be under arrest. If you're not under arrest then get the hell out of there and away from the cops. Pretty simple.


Originally Posted by copwriter
Are you basing this statement on the single incident you detailed above?

So you're telling me that your job wouldn't have been easier if you hadn't needed probable cause or consent for a search?


Originally Posted by copwriter
That you do not agree with me does not mean that I am wrong (or that I have a "'tude").

Saying that you wanted to put people in their place comes across as a "tude" to me. The way you have presented your arguments, without the benefit of the non-verbal communication, presents a police officer that I would not want to interact with.


Originally Posted by copwriter
Bad credit, poor driving record, drug use, even a minor criminal record, poor physical condition, poor writing skills - any of those will get you DQ'ed. Of those that get past that gauntlet, some get disqualified on the psychological screening. Did you have to take a psych test to get your job? Can you be compelled to take another one to keep it?

All of that is true for jobs I've held in the past - it depends on where you work. Have you ever had to get a security clearance? Any idea what that takes?


Originally Posted by copwriter
I think you're being a little too judgmental about the quality of American police.

I think that there are a lot of good cops out there. The majority are, in fact. Sadly, the bad ones (and our definitions of bad differ) require me to interact with all cops the same way just to be safe.

It's kind of light the advice they give to people who have a lot of sex - if you assume *everyone* is HIV+ and act accordingly you'll be safer. Same thing - if you assume *all* cops are bad and act accordingly then you'll be safer. It's the same advice you offer on how to interact with the police it just comes from a different place.


Originally Posted by copwriter
Why is someone making an honest living as a security officer a "droid"? Are you that socially superior to him, and how do you determine this?

I use the term droid for anyone, no matter how high up, that just mindless does their job without any intelligence or discretion. This is often applied to sales people - a sales droid is someone who doesn't know the product he is selling, for example. It has nothing to do with social status.


Originally Posted by copwriter
Nasty authority figure complex you have there. Have you considered counseling?

Ad hominem attacks are another form of logical fallacy.


Originally Posted by copwriter
I'd definitely consider that counseling.

Ah, so like some of the TSOs you are now practicing medicine without a license?

Remember folks: always be nice to the police because if you're not then they can hurt you. Just don't buy the whole "make a complaint later" BS. I mean if we can declare people enemy combatants and suspend habeus corpus then what's a little constitutional violation between friends?

GeneralAviation Aug 30, 2007 6:04 pm

Inalienable Rights
 
[QUOTE=PatrickHenry1775;8319036]WRONG, WRONG, WRONG, WRONG!!!! The Founding Fathers almost unanimously believed in natural law, that all people had basic rights that exist independent of government. The people surrendered some of their rights and freedoms to the national government and also to state and local governments. However, copwriter is 180 degrees from the truth of which party does not have a right unless the Constitution says.



The founding fathers believed that our rights and freedoms were granted by God, not by government or elected officials.

PaulKarl Aug 31, 2007 2:21 am

The Ugly Face of Power
 
Although it’s needlessly verbose, everyone should read copwriter’s post of 2:18 a.m. yesterday to understand the authoritarian mindframe.

Stripped to its essence, copwriter’s belief is simple: If you do not dutifully comply with all requests by law enforcement personnel, the officer is justified in detaining you, searching you and charging you with whatever alleged offense he or she can think up, no matter how trivial.

The philosophical underpinning for copwriter’s view is his firmly held opinion that any person who would show “disrespect” for the LOE (as subjectively and instantaneously defined by the LEO) is a person who therefore is more likely to show disrespect for the law.

On its face, this is arrogant, circular, self-justifying twaddle. Under the surface, it’s a troubling example of fascistic thought.

“Disrespect” could mean your making an exasperated face when the TSA officer tells you to take off your belt, or your telling the TSO that she is not authorized to seize a 4-ounce bottle of prescription eye drops.

Each of these actions is constitutionally protected and non-criminal activity, yet each could be interpreted by a TSO as “disrespect.” If the TSO retaliates by demanding more extensive screening, well, in copwriter’s opinion, that’s your fault because you ignored the “human element” when entering the “alligator’s swamp” and failed to “use judgment” for “self-preservation” by not “keeping your mouth shut.” And so it also goes for traffic stops and other law enforcement contacts.

Copwriter’s argument is merely a facile way of saying, “You should have meekly done exactly what the LEO said without argument – even if the LEO was acting without authority.” My term for that is “police state.”

Similarly, copwriter suggests that complaints about law enforcement procedures and polices be made “at the time and place that is appropriate.” But, in many circumstances, failing to object directly to the LEO will be interpreted in court as acquiescence or waiver. If you don’t assert your rights, you can lose your rights, so the heat of the moment can be the “appropriate time and place.”

Notice the self-serving nature of copwriter’s norms. The LEO is not to be questioned, any push-back from the citizen is to be interpreted as suspicious, and all challenges to the LEO are to be after the fact. Mighty convenient.

Other posters have already noted – and I as a lawyer can confirm – that copwriter’s belief that “you don’t have a right unless the Constitution says you do” is incorrect as a matter of law, turns the entire system of federal jurisprudence on its head, and ignores the Ninth and Tenth Amendments as well as Article I’s enumeration of limited federal powers. It’s worrisome that someone who claims to have “taught criminal justice full time for eight years” would make so bald a misstatement. But it’s exactly the type of thing said by a person who believes that LEOs are “above” ordinary citizens, and it’s only a half-step away from “You have the rights I say you have.”

I believe to the bottom of my soul that all law enforcement will naturally drift toward authoritarianism unless citizens vigorously exercise their rights and keep peace officers within their prescribed limits. That is why all law enforcement agencies need civilian oversight with subpoena power, fully funded Internal Affairs Departments, vigorous press and Freedom of Information Act overview, zealous prosecution of civil rights lawsuits – and, most important, ordinary citizens challenging day-to-day abuses of authority.

copwriter Aug 31, 2007 3:12 am

I said I was bowing out of this, as the argument centering on whether law enforcement officers are all power-hungry fascists could go on forever. I'm not going to debate this with you further. I'm hearing gross generalizations of law enforcement officers based on a few random encounters, where I have worked closely with hundreds of officers and count thousands among my network of colleagues, through professional associations and conferences. I've been involved with criminal justice in one form or another for over 28 years. Yet, network administrators and salesmen claim to know more about my profession than I do. You'll probably never find out for yourself, but trust me, police work is harder than it looks.


Originally Posted by PatrickHenry1775 (Post 8319036)
WRONG, WRONG, WRONG, WRONG!!!! The Founding Fathers almost unanimously believed in natural law, that all people had basic rights that exist independent of government. The people surrendered some of their rights and freedoms to the national government and also to state and local governments. However, copwriter is 180 degrees from the truth of which party does not have a right unless the Constitution says.

Some delegates to the Constitutional Convention were not convinced that Americans had rights other than those specified in the Constitution. Therefore, the Bill of Rights included the Tenth Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." It is distressing that a law enforcement officer who taught criminal justice full time for eight years misstated such a fundamental tenet of our government. But now some other views make sense.

I believe this discussion began with various definitions of "civil liberties." The one that I included in a previous post was from Microsoft Encarta, as I had that one handy:

plural noun
rights to freedom: the basic rights guaranteed to individual citizens by law, e.g. freedom of speech and action


Since then, I looked up the definition in a more focused reference:

Civil liberties. Personal, natural rights guaranteed and protected by Constitution e.g. freedom of speech, press, freedom from discrimination, etc. Body of law dealing with natural liberties, shorn of excesses which invade equal rights of others. Constitutionally, they are restraints on government.
-Black's Law Dictionary, 6th edition (emphasis added)
Those of you that believe you can do anything you want, so long as it doesn't harm anyone else--well, good luck with that.


Originally Posted by LEX-LGA Commuter (Post 8319122)
And I was one of the first people on scene at the crash of a commercial airliner where 68 people burned to death before my eyes.

Interesting that you would make this claim here, on a forum where the members are more knowledgeable than the general public about such things. You see, I recognized the "68 dead" number. However, the only one I'm aware of was American Eagle, and they died upon impact in Indiana after suffering icing.

Please elaborate......

I sent LEX-LGA Commuter a PM regarding this, but somehow I don't expect that he's going to bring this information forth to defend my honor. The crash I refer to is Galaxy Airlines Flight 203, on January 21, 1985. There is a Wikipedia entry devoted to it here. I was the second (possibly the third - things were a little disorganized) officer on scene, and was there for fourteen hours before I was relieved.


Originally Posted by PaulKarl (Post 8325247)
Although it’s needlessly verbose,

A lawyer calling my work "verbose." Pot, meet kettle.


Originally Posted by PaulKarl (Post 8325247)
Stripped to its essence, copwriter’s belief is simple: If you do not dutifully comply with all requests by law enforcement personnel, the officer is justified in detaining you, searching you and charging you with whatever alleged offense he or she can think up, no matter how trivial.

Counselor, how can you know what my "belief" is? However, I do bow to you as an authority on what is trivial.

There is probably a survey on this someplace, but I wonder where lawyers rank with regard to cops in respect and trust?


Originally Posted by PaulKarl (Post 8325247)
...But it’s exactly the type of thing said by a person who believes that LEOs are “above” ordinary citizens,

Objection! Facts not in evidence! However, I will refer you to JakiChan, who refers to people he perceives as beneath himself on the social scale as "droids."

What on earth did you folks do to make yourselves so important and self-righteous?

And there, gang, is where I will leave it. I will do my best to not respond to further assaults on my chosen profession from people who don't seem to know what they are talking about, but talk about it with tremendous conviction. Yes, "conviction" is a good word there.

PaulKarl Aug 31, 2007 4:02 am

Tko
 
Everyone following this thread should note that, in his most recent post above, copwriter:

1) Fails to rebut the several posts which challenge his novel assertion that "you don't have a right unless the Constitution says you do";

2) Ignores the argument that failure to challenge a LEO in the heat of the moment (his recommended course of action) could be constued by a court as acquiesence to or waiver of the LEO's actions;

3) Fails to respond to the argument that his viewpoint reduces to a belief that citizens should meekly comply with law enforcement requests, even when the request is outside the scope of the LEO's authority;

4) Ignores the challenge to his self-serving "people who question LEOs are more likely to be criminals" claptrap; and

5) Casts aspersions upon my profession, while complaining that people paint peace officers with a bad brush. (Generally speaking, cops dislike lawyers, because we are sticklers for those pesky things called "rights" and, on a good day, demonstrate that the cop on the witness stand is a lying sack of sh*t who made a pretextual stop without probable cause.)

I leave it up to the readers of the thread, but I think I know who lost this argument.

JakiChan Aug 31, 2007 12:16 pm


Originally Posted by copwriter (Post 8325323)
I'm not going to debate this with you further.

Maybe you'll keep your word this time.


Originally Posted by copwriter
However, I will refer you to JakiChan, who refers to people he perceives as beneath himself on the social scale as "droids."

Correction. I refer to people who do their job unintelligently to be droids. You may want to try and make it out as some sort of class warfare (I sense an inferiority complex regarding being in the law enforcement profession perhaps?) but I don't care where someone is on the "social scale" - if they are doing their job without dedication and passion then they are droids. I changed doctors because he was a medical droid but I suppose that those concerned with social standing would say he was "above" me.

Where I live there is more value placed on intelligence and ability to execute than on social status. Smart > dumb. But hey, if you want to


Originally Posted by copwriter
What on earth did you folks do to make yourselves so important and self-righteous?

What happened to make you so sensitive about the perception of cops? What made you so concerned with what others think? Maybe your parents didn't think being a cop was good enough or something? When done properly I think it's a fine and noble profession. Don't worry, I bet they still loved you.

LEX-LGA Commuter Aug 31, 2007 2:08 pm

I sent LEX-LGA Commuter a PM regarding this, but somehow I don't expect that he's going to bring this information forth to defend my honor.

Indeed. And that's because with an attitude such as you've displayed here, I would first have to be convinced that there is anything there to defend. I've seen no evidence thus far - only arrogance and condescension.

Self proclaimed honor is generally transparent, sometimes bordering on nonexistent. Sorry - I was sworn and commissioned to protect and defend the Constitution of the United States. Anything lower than that is at my choosing.

n5667 Sep 3, 2007 4:34 am


Originally Posted by PaulKarl (Post 8297654)
I would hate to live in a world where exercising your Constitutional rights to criticize the government is considered "suspicious activity." Unfortunately, it seems I already do . . . .

You're not criticising the government when you call someone a fascist because they're just doing they're job - you're insulting an individual because they have the audacity to expect you to follow the same rules that everyone else is following.

"This policy is ineffective and a waste of resources." is faaaaaar different from "you fascist thug, how dare you aske me to remove my shoes!"

You may equate them as the same, but one is directed towards the policy (aka government) and one is directed towards the individual.

One is civilized, the other is not, and they send very different messages about how you will act, and how you feel about authority and following the rules.

There are plenty of laws that I dislike, but I still follow them - heck, there are plenty of rules at work that I think are ineffective and a waste of resources, but I still enforce them.

n5667 Sep 3, 2007 5:02 am


Originally Posted by Superguy (Post 8303497)
Why would someone about to do something call attention to themselves like that?

Who knows, that's why you might want to find out - had a guy the other night breach security and attack a cop while making a run for the plane - turned out he was just a nutter, but all the same, as I previously said, you have to get beyond the assumption that there's only one type of person who's a threat out there, and that they only act in one certain way.

I didn't know that respecting you was requisite to living in a free society.

Did I say it was? You seem to be making a spurious conclusion from my statement - which is simply that insulting a cop for doing his job is petty and imature and also does not necessarily reflect upon a person who is apt to respect others and follow the rules. A person who calls a cop or security guard a fascist for doing his job is someone I would think doesn't respect the rules - and indeed would have no qualms about flaunting them.

Perhaps it would be much simpler to show civility to the same people you demand be civil unto you.

Perhaps it's because I've seen people with an attitude such as the one described here leave the checkpoint, and then come back attempting to sneak their prohibited item back through security - usually with fairly amusing results. Point being...



You mean a rational sheep. Saying to a cop "hey, i'm going to rob that bank across the street" is stupid and warrants further investigation. Calling someone a fascist, a pig, or whatever doesn't. It only bruises an ego.

Indeed? So you have been in a position of authority and know for a fact that those who show blatant contempt for authority and the laws they represent are never a threat? Well then, I cede the argument to you.


zbc42782 Sep 5, 2007 7:49 pm

My favorite quote this year; it's from the Sarah Silverman program:


Cop: Ma'am, do you know why I pulled you over?

Sarah Silverman: Because you got all Cs in high school?


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