Changing the USA from a Police State

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NoEinstein

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Jul 23, 2009, 8:57:47 AM7/23/09
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A supposition that a crime “may” be taking place has wrongly been used
as a justification to grant the police access to private property.
Henry Louis Gates, a black Harvard professor, locked himself out of
his own home and had to… jimmy his way inside. Someone in the
neighborhood saw the perhaps suspicious activity, and without being
certain, called the Cambridge Police. Sergeant James Crowley arrived
at the home, and when Henry Gates showed ID proof that he was in his
own home, Crowley arrested and handcuffed Gates.

The above is an all too frequent affront, largely to men of color who
are innocent. A job of the police is, of course, to fight crime. But
the carte blanch authority they feel for violating the civil rights of
others, once a suggestion has been made that a crime “may” be taking
place, amounts an unacceptable Dr. Jeckle and Mr. Hyde transformation
of those who are supposed to be our public servants. My New
Constitution places strong limitations of the “right” of the police to
enter private property under any circumstances.

A prominent case of the police invading private property without
justification involved O. J. Simpson. After his former wife was found
brutally murdered, the police made the ridiculous assumption that O.
J. himself might be… in danger. They used that “assumption” to
justify their climbing into Simpson’s fenced-in yard and subsequently
entering his home. The crime scene had been bloody. Tiny drops of
blood were found on the Simpson walk; a car door; and on a pair of
socks inside the home. Amazingly, the blood on those socks had
“soaked” through to the opposite side, indicating clearly, that there
wasn’t a foot inside the socks when the blood was deposited. The
latter is a strong suggestion that the police has planted all of those
drops of blood to frame O. J. for the murder. The latter possibility—
because O. J. was Black, and had been married to the murdered woman—
never rose to the threshold of stopping that case in its tracks.

Cambridge police officer, Sergeant James Crowley says that he won’t
“apologize” for what he did to Henry Louis Gates. Under my New
Constitution, apologies won’t be in order, because Crowley would
immediately find himself out of a job for violating the civil rights
of a person he is supposed to serve and be subordinate to. And
Crowley would be subject to civil, and perhaps criminal charges for
the defamation of character and etc. resulting from his having
arrested and handcuffed Gates. The following excerpts from my New
Constitution address some of the issues protecting property rights and
civil rights, and limiting the “power” of the police:

“4th Amendment: People, their motor vehicles, boats, possessions,
clothes, phones, computers and other personal or private effects shall
be secure in their houses, or other abodes, or on the associated owned
or rented property, or at their place of work against unreasonable
searches and seizures. Warrants may be issued only with just,
probable cause, supported by a recent eye witness’s oath or
affirmation, and particularly describing the place to be searched, and
the persons or things to be seized. No warrant shall be issued based
on supposition, chance or a presumed likelihood of finding evidence.
The obtaining or issuing of a warrant without just, probable cause is
a felony, as is the serving of a wrongful warrant by an armed officer
(s). Law enforcement shall not presume that a major crime may have
occurred or might be in progress because of a petty crime; nor shall
arrests be allowed that are due mainly to a person’s propinquity to a
crime. A person arrested without resistance who is not a suspect in a
provable crime of violence, may be searched, but not shackled, if they
voluntarily agree to transport themselves, or to be transported; nor
shall shackles nor prison clothes be used during the voluntary
transport of such person to or from a public proceeding or court.
Anyone who is arrested, detained, searched or has property seized
because of a warrant shall have a public warrant hearing within 24
hours. Such hearing, with competent counsel, shall be before the
judge issuing the warrant; the basis for issuing the warrant shall be
explained; all parties causing the warrant to be issued, including the
judge, shall be available for cross examination. The rationale and
constitutionality for the issuing of a warrant can, by right, be
appealed to a higher court(s). Evidence from unreasonable search or
seizure isn’t admissible in court.
When law enforcement investigates a Citizen, group or business,
data not supporting prosecution shall be expunged within a year.
Unless incriminating evidence is found, no investigation shall
continue beyond a year without notifying the parties by certified mail
using official letterhead, explaining the reason(s) for the
investigation, the name of the person(s) calling for such, the period
of such, and the name and signature of the officer in charge. A
police state being contrary to the ideals of this New Constitution,
the keeping and/or dissemination of long term records by any law
enforcement officer(s) or their agent(s) on any law-abiding Citizen,
group or business or member of the military is a felony. Petty crimes
like driving offenses, or a crime that a Citizen is charged with but
not convicted of shall not justify keeping long term records,
photographs, fingerprints, or etc. on such Citizen(s). Government
employees, especially in law enforcement, who contact a citizen in
person or in writing, shall give their correct name and title via a
printed card or signed official letter. Unsigned form letters are
prohibited, as is anonymous entry onto or into private property…”
And:

“This New Constitution empowers every Citizen with broad civil
rights that they may invoke at will without the necessity for the
prior involvement of counsel or of a judicial authority. Those in or
working for governments shall be subordinate to any Citizen demanding
civil rights. The rightfulness of any such demand may be brought into
question only by just and comprehensive proof—delivered at a later
date in writing—with the apt named official(s) being in full jeopardy
of such punishments as are herein defined, if they are in error.”
And:

“2nd Amendment: Law-abiding, peaceable Citizens shall have the right
to keep and bear arms for sport or protection. Such may use
appropriate action—by degrees—to counter unlawful, forced or
threatening intrusion onto or into their private property, including:
verbal warning; the threat of; and then the use of, deadly force, if
necessary.” Note: It is unlawful, under my New Constitution, for a
police officer(s) to come onto private property without a warrant. In
the case of Henry Louis Gates, all he had to say was: “Officer, this
is my own home. I locked myself out and had to break in. Please
leave my private property.” If Sergeant Crowley did not leave, Gates
could have brandished a gun (And that’s NOT an assault when used to
defend ones own property!) If, after seeing the gun, Crowley did not
leave, but instead drew his own gun, Gates could have shot him dead—
with impunity—for not getting off of private property when first
warned.

The above should indicate just how serious Police State type
intrusions have become in this country. Under my New Constitution,
none of those things shall be allowed to continue.

Respectfully submitted,

John A. Armistead
__________


Happy Days... 2
http://groups.google.com/group/views/browse_thread/thread/d63f04a059491122/579a48e380c75116?hl=en#579a48e380c75116

Campaigning is a Science, too.
http://groups.google.com/group/sci.physics/browse_thread/thread/a83e59ee6ca4d1f5/b29f39ee45684d85?hl=en&lnk=st&q=#b29f39ee45684d85

OBAMA’S NOMINATION OF SOTOMAYOR BETRAYS DEMOCRACY
http://groups.google.com/group/views/browse_thread/thread/998870d93fd1a994?hl=en

USA IS BOTH SOOTHED AND BETRAYED BY RHETORIC
http://groups.google.com/group/views/browse_thread/thread/576e701e1d916343?hl=en

A Democracy Doesn’t Favor Media Figures and Celebrities
http://groups.google.com/group/views/browse_thread/thread/e6230d6402064fbd?hl=en

NoEinstein

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Jul 25, 2009, 5:25:15 PM7/25/09
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It is good that the case of the wrongful arrest of Harvard Professor
Henry Louis Gates is causing much needed debate. Even within the
Black race, there is division over whether Gates shouldn’t have been
more… ‘submissive’ in complying with Officer Crowley’s importunish
requests that Gates show ID, and etc., while Gates was on his own
property. A frequent argument that is heard supporting Crowley’s
position, is that being a police officer is risky business, and that
people should be appreciative that the police are there to… “serve,
protect, and defend”. Some Blacks opposing what Gates did said that
in many Black neighborhoods, Blacks are fortunate to get any response
whatsoever to a call to police for assistance. Those people are
implying that Gates should have been appreciative… that Crowley had
inconvenienced him in any way.

A Black attorney whom I heard being interviewed on FOX, stated
correctly that: “Being ‘disorderly’ on one’s own property isn’t a
crime.” The 1st Amendment gives any citizen the right to express
their true feelings in most contexts—certainly on a person’s own
property. Gates was totally within reason and within his
constitutionally guaranteed civil liberties to voice his obviously
heartfelt discontent with being required to comply with Officer
Crowley’s requests in any way whatsoever. In the USA—were, clearly,
we now have a police state—the macho police, or at least the ‘culture’
of the police, expect private citizens to always be deferential to
them. In short, the police think that they are the superiors, because
they are on the side of… government, and therefore should be entitled
to expect that all private citizens will do their bidding, without
question. Our police have become like the ‘Gestapo’ of Government—
demanding that people show… their “papers”, and then being empowered
to boss them around in any manner that they choose.

A desirable trait of character for any public employee or officer is
for them to be empathetic to those with whom they deal. Officer
Crowley, immediately, should have understood why Gates was upset. If
Gates had been a white man… who was “perhaps” breaking in to his own
home, would that neighbor have been as quick to call the police?
Haven’t many homeowners had to break out a window at one time or
another because they locked their keys inside their home?

Some of you may know that I am an expert graphologist. I am also a
very keen observer of human nature. Because Officer Crowley had
immediately refused to apologize to Gates for what happened, I can
infer that Crowley went onto that private porch feeling superior.
Realizing that the homeowner, Gates, was Black, Crowley’s ego was
wounded as soon as Gates, a Black man, began talking down to him.
Note: Public servants should ALWAYS be subordinate to those paying
the taxes that pay their salaries! And the color of a citizen’s skin
should never change that attitude! But the too often shallow-minded
police feel that their loyalty is to… government, rather than to the
public—whom they have come to view, too often, as… the ENEMY.
Unfortunately, the police, most unfairly I must add, are more likely
to view Blacks as… the enemy, than whites.

Henry Gates was only being human in letting-off-steam because of what
Gates perceived as ‘racial profiling’. In subtle ways, probably
throughout his life, Gates has felt more suspicious looks directed
toward him, because he is Black, than he knows are being directed
toward a typical white man. In New York City some years ago,
accomplished Black actor, Danny Glover, had wished to hail a cab.
Glover observed that lone white men were more quickly successful in
getting cabs to stop, than he was. And Glover was rightly upset.
Yes, cab drivers are sometimes robbed or even killed by their riders.
But the discrimination that Glover felt, which amounted to racial
profiling, must be stopped, if the USA is every going to… “get past”
racist notions.

My New Constitution contains the following regarding racial profiling:

In Article 3, Section 8:

“… Racial or other statistical profiling, preemptive arrests,
detention or sentencing are illegal if a person’s constitutional
rights are violated. In a national emergency the President may waive
the latter.”

The “culture” of our clearly police state immediately rose up to
defend what Officer Crowley did. Police organizations across the
country have criticized President Obama for saying that the Cambridge
police had erred. In this rare instance I agree with Obama’s gut-
reaction! First, Obama knew that Gates was on his own property.
Second, Obama knew that Gates resented what to him was discrimination
due to racial profiling. The latter would be justification for Gates
having let-off-steam in the face of Officer Crowley’s unwarranted
demands. There were no unknown “details” of the case that that should
have caused Obama, nor anyone else, to feel that Officer Crowley was
justified in hanging around the Gates property long enough to goad
Gates into becoming angry enough to justify, in Crowley’s mind, his
arresting Gates for… disorderly conduct. This is more of a civil and
property rights issue than it is a… ‘racial profiling’ issue. Gates’
civil right were clearly violated when he was ordered about on his own
property. Under my New Constitution, every single police officer who
spoke out against Gates’ defense of his civil rights would be out of a
job—ALL of them! Government in the USA shall be from the people UP,
and never from… the powers that be… DOWN! Additionally, my New
Constitution prohibits allowing police organizations to investigate
their own members for wrongful behavior. Since the police are biased,
only ‘outside’ investigations, as per the following, shall be allowed:

“… Internal investigations of wrongdoing by law enforcement shall
never exonerate those accused unless a like conclusion is reached by
an apt, unassociated, independent investigative agency, and such facts
are confirmed in a public court of law.”

A lifetime of observations, including my seeing some of the recent
videos that show the horrid police abuse of some of those who get
stopped for traffic violations, or etc. lead me to conclude that the
police are simply not deferential to the general public. Some of them
take any anger by those they are detaining as a personal affront to
their perceived position of superiority. Any policeman or patrolman
with a wounded ego… and with a gun or bang stick, can be a dangerous
animal, indeed.

I believe Officer Crowley intentionally fomented Henry Gates into
becoming angry enough so that Crowley could “claim” that Gates was
being disorderly. I have personally witnessed how the police will
foment average citizens into getting angry enough to justify their
using more force than was ever needed, if the police had simply acted
more deferential to the public from the outset.

A Case in Point: While visiting Eastland Mall in Charlotte, NC, I was
eating at the food court and happened to be about fifteen feet from
the large circular railing that was around the open space above an
Olympic size ice skating rink. Dozens of people stood against that
railing, both to look at the skating, and to socialize with others who
were standing there. A lady police officer, who happened to be a
looker, was standing at the railing when I saw an attractive but
somewhat shy man walk next to her. He eventually started a
conversation. And because the officer was friendly at first, he
began… (perhaps, I couldn’t hear the actual words), asking for her
name and phone number. That officer is both a woman, and a police
person. It was obvious that she wasn’t giving him what he was
wanting, but she didn’t walk away, either. His male ego took that as
a clue to continue trying to get her number, or etc. Instead of
thanking him for his interest and simply walking away, the lady
officer looked eye-to-eye with a large policeman who happened to be
walking by. Without saying a word, that policeman stopped and stood
in the public walkway about five feet away from the railing and just
stared at the young man. Because of that policeman’s focus, everyone
who walked by looked at the young man as if wondering what he might be
doing—seemingly so passively—to be causing that policeman stare.

Before long the guy became self-conscious enough that he complained
about being treated as though he had done anything wrong. As soon as
he did that, the officers asked him to show his ID. That angered him
and he refused. The big officer called for ’backup’, and within a
couple of minutes they were lifting that young man by his elbows and
carrying him out of the mall with his dangling feet not even touching
the floor. The defamation of character that man received from the
police was extreme. His only ‘crime’ was his wishing to befriend and
date a police woman.

Clearly, all three of those police officers violated that man’s civil
rights. Under my New Constitution they would all be OUT OF A JOB by
the next day, never to be qualified for public employment, again.
I’ve read about and observed first hand how police will “posture”
hoping to anger a person enough so that person can be arrested. I’ve
also witnessed a speeding violation that caused a Charlotte police car
to give chase. I was stopped at the ‘tee’ intersection and witnessed
that police car make a 90 degree left turn… on TWO wheels, tilted up
in the air about 15 degrees. If the police car had rolled over, I
could well have been killed. Folks, something must be done to correct
the runaway police state in this country. Wake up, America! My New
Constitution is what we need, IF the USA is to survive! John A.
Armistead
> Happy Days... 2http://groups.google.com/group/views/browse_thread/thread/d63f04a0594...
>
> Campaigning is a Science, too.http://groups.google.com/group/sci.physics/browse_thread/thread/a83e5...
>
> OBAMA’S NOMINATION OF SOTOMAYOR BETRAYS DEMOCRACYhttp://groups.google.com/group/views/browse_thread/thread/998870d93fd...
>
> USA IS BOTH SOOTHED AND BETRAYED BY RHETORIChttp://groups.google.com/group/views/browse_thread/thread/576e701e1d9...
>
> A Democracy Doesn’t Favor Media Figures and Celebritieshttp://groups.google.com/group/views/browse_thread/thread/e6230d64020...

NoEinstein

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Jul 28, 2009, 8:04:28 PM7/28/09
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The following "last sentence" in my 07/25/09 Reply wasn't copied and
pasted fully:

...Wake up, America! My New Constitution is what we need, IF the USA
is to survive! John A. Armistead

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