Drivers, Beware: The Costly, Deadly Dangers Of Traffic Stops In The American Police State

Tyler Durden's picture

Submitted by John Whitehead via The Rutherford Institute,

“The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop on the beat, trooper on the highway and jail official. The framers would be appalled.”—Herman Schwartz, The Nation

Trying to predict the outcome of any encounter with the police is a bit like playing Russian roulette: most of the time you will emerge relatively unscathed, although decidedly poorer and less secure about your rights, but there’s always the chance that an encounter will turn deadly.

The odds weren’t in Walter L. Scott’s favor. Reportedly pulled over for a broken taillight, Scott—unarmed—ran away from the police officer, who pursued and shot him from behind, first with a Taser, then with a gun. Scott was struck five times, “three times in the back, once in the upper buttocks and once in the ear — with at least one bullet entering his heart.”

Samuel Dubose, also unarmed, was pulled over for a missing front license plate. He was reportedly shot in the head after a brief struggle in which his car began rolling forward.

Levar Jones was stopped for a seatbelt offense, just as he was getting out of his car to enter a convenience store. Directed to show his license, Jones leaned into his car to get his wallet, only to be shot four times by the “fearful” officer. Jones was also unarmed.

Bobby Canipe was pulled over for having an expired registration. When the 70-year-old reached into the back of his truck for his walking cane, the officer fired several shots at him, hitting him once in the abdomen.

Dontrell Stevens was stopped “for not bicycling properly.” The officer pursuing him “thought the way Stephens rode his bike was suspicious. He thought the way Stephens got off his bike was suspicious.” Four seconds later, sheriff’s deputy Adams Lin shot Stephens four times as he pulled out a black object from his waistband. The object was his cell phone. Stephens was unarmed.

If there is any lesson to be learned from these “routine” traffic stops, it is that drivers should beware.

At a time when police can do no wrong—at least in the eyes of the courts, police unions and politicians dependent on their votes—and a “fear” for officer safety is used to justify all manner of police misconduct, “we the people” are at a severe disadvantage.

According to the Justice Department, the most common reason for a citizen to come into contact with the police is being a driver in a traffic stop. On average, one in 10 Americans gets pulled over by police. Black drivers are 31 percent more likely to be pulled over than white drivers, or about 23 percent more likely than Hispanic drivers. As the Washington Post concludes, “‘Driving while black’ is, indeed, a measurable phenomenon.”

As Sandra Bland learned the hard way, the reason for a traffic stop no longer matters. Bland, who was pulled over for allegedly failing to use her turn signal, was arrested after refusing to comply with the police officer’s order to extinguish her cigarette and exit her vehicle. The encounter escalated, with the officer threatening to “light” Bland up with his taser. Three days later, Bland was found dead in her jail cell.

You’re doing all of this for a failure to signal?” Bland asked as she got out of her car, after having been yelled at and threatened repeatedly. Had she only known, drivers have been pulled over for far less. Indeed, police officers have been given free range to pull anyone over for a variety of reasons.

This approach to traffic stops (what I would call “blank check policing,” in which the police get to call all of the shots) has resulted in drivers being stopped for windows that are too heavily tinted, for driving too fast, driving too slow, failing to maintain speed, following too closely, improper lane changes, distracted driving, screeching a car’s tires, and leaving a parked car door open for too long.

Motorists can also be stopped by police for driving near a bar or on a road that has large amounts of drunk driving, driving a certain make of car (Mercedes, Grand Prix and Hummers are among the most ticketed vehicles), having anything dangling from the rearview mirror (air fresheners, handicap parking permits, troll transponders or rosaries), and displaying pro-police bumper stickers.

Incredibly, a federal appeals court actually ruled unanimously in 2014 that acne scars and driving with a stiff upright posture are reasonable grounds for being pulled over. More recently, the Fifth Circuit Court of Appeals ruled that driving a vehicle that has a couple air fresheners, rosaries and pro-police bumper stickers at 2 MPH over the speed limit is suspicious, meriting a traffic stop.

Unfortunately for drivers, not only have traffic stops become potentially deadly encounters, they have also turned into a profitable form of highway robbery for the police departments involved.

As The Washington Post reports, traffic stops for minor infractions such as speeding or equipment violations are increasingly used as a pretext for officers to seize cash from drivers.” Relying on federal and state asset forfeiture laws, police set up “stings” on public roads that enable them to stop drivers for a variety of so-called “suspicious” behavior, search their vehicles and seize anything of value that could be suspected of being connected to criminal activity. Since 2001, police have seized $2.5 billion from people who were not charged with a crime and without a warrant being issued.

“In case after case,” notes The Washington Post, “highway interdictors appeared to follow a similar script. Police set up what amounted to rolling checkpoints on busy highways and pulled over motorists for minor violations, such as following too closely or improper signaling. They quickly issued warnings or tickets. They studied drivers for signs of nervousness, including pulsing carotid arteries, clenched jaws and perspiration. They also looked for supposed ‘indicators’ of criminal activity, which can include such things as trash on the floor of a vehicle, abundant energy drinks or air fresheners hanging from rearview mirrors.”

If you’re starting to feel somewhat overwhelmed, intimidated and fearful for your life and your property, you should be. Never before have “we the people” been so seemingly defenseless in the face of police misconduct, lacking advocates in the courts and in the legislatures.

So how do you survive a police encounter with your life and wallet intact?

The courts have already given police the green light to pull anyone over for a variety of reasons. In an 8-1 ruling in Heien v. North Carolina, the U.S. Supreme Court affirmed that police officers can pull someone over based on a “reasonable” but mistaken belief about the law.

Of course, what’s reasonable to agents of the police state may be completely unreasonable to the populace. Nevertheless, the moment those lights start flashing and that siren goes off, we’re all in the same boat: we must pull over.

However, it’s what happens after you’ve been pulled over that’s critical. Survival is the key.

Technically, you have the right to remain silent (beyond the basic requirement to identify yourself and show your registration). You have the right to refuse to have your vehicle searched. You have the right to film your interaction with police. You have the right to ask to leave. You also have the right to resist an unlawful order such as a police officer directing you to extinguish your cigarette, put away your phone or stop recording them.

However, as Bland learned the hard way, there is a price for asserting one’s rights. “Faced with an authority figure unwilling to de-escalate the situation, Bland refused to be bullied or intimidated,” writes Boston Globe contributor Renee Graham. “She understood her rights, but for African-Americans in encounters with police, the appalling price for asserting even the most basic rights can be their lives.”

So if you don’t want to get probed, poked, pinched, tasered, tackled, searched, seized, stripped, manhandled, arrested, shot, or killed, don’t say, do or even suggest anything that even hints of noncompliance when it comes to interactions with police.

One police officer advised that if you feel as if you’re being treated unfairly, comply anyhow and contest it in court later. Similarly, black parents, advising their kids on how to deal with police, tell them to just obey the officer’s orders. “The goal,” as one parent pointed out, “is to stay alive.”

It seems that “comply or die” has become the new maxim for the American police state.

Then again, not even compliance is a guarantee of safety anymore. “Police are specialists in violence,” warns Kristian Williams, who has written extensively on the phenomenon of police militarization and brutality. “They are armed, trained, and authorized to use force. With varying degrees of subtlety, this colors their every action. Like the possibility of arrest, the threat of violence is implicit in every police encounter. Violence, as well as the law, is what they represent.”

In other words, in the American police state, “we the people” are at the mercy of law enforcement officers who have almost absolute discretion to decide who is a threat, what constitutes resistance, and how harshly they can deal with the citizens they were appointed to “serve and protect.”

As I point out in my book Battlefield America: The War on the American People, this mindset that any challenge to police authority is a threat that needs to be “neutralized” is a dangerous one that is part of a greater nationwide trend that sets the police beyond the reach of the Fourth Amendment. Moreover, when police officers are allowed to operate under the assumption that their word is law and that there is no room for any form of disagreement or even question, that serves to chill the First Amendment’s assurances of free speech, free assembly and the right to petition the government for a redress of grievances.

Frankly, it doesn’t matter whether it’s a casual “show your ID” request on a boardwalk, a stop-and-frisk search on a city street, or a traffic stop for speeding or just to check your insurance. If you feel like you can’t walk away from a police encounter of your own volition—and more often than not you can’t, especially when you’re being confronted by someone armed to the hilt with all manner of militarized weaponry and gear—then for all intents and purposes, you’re under arrest from the moment a cop stops you.

Sad, isn’t it, how quickly we have gone from a nation of laws—where the least among us had just as much right to be treated with dignity and respect as the next person (in principle, at least)—to a nation of law enforcers (revenue collectors with weapons) who treat us all like suspects and criminals?

Clearly, the language of freedom is no longer the common tongue spoken by the citizenry and their government. With the government having shifted into a language of force, “we the people” have been reduced to suspects in a surveillance state, criminals in a police state, and enemy combatants in a military empire.

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reader2010's picture

"We the People" was supposed to mean "Property Owners" who owned the means of production at the time.

"Freedom in capitalist society always remains about the same as it was in ancient Greek republics: Freedom for slave owners."

— Vladimir Lenin

ZerOhead's picture

I wonder if the police fully understand that when the Fascist American Globalist Surveillance State (FAG-SS) is complete and the Police Departments are inevitably 100% privatised... that the omnipresent surveillance cameras and weaponized drones can be easily manned by Chinese or Indian citizens 8,000 miles away for under $2 an hour. Let's not even talk about the new cars that will drive themselves to wherever the authorites will allow you to go that can never need to be pulled over for a traffic violation.

Since the profit margins promise to be insane you know that eventually the politicians will take the money and it's going to happen...

Burticus's picture

So, the message is, if you live around F.A.G.S., stay away from anyone with P.D.

38BWD22's picture

 

 

Pro Tips:

1) No matter what your rights are, unless someone else sees them violated, you don't have any.

2) Yes sir, no sir, sorry sir.  Politeness helps.

3) Don't drink and drive.

I MISS KUDLOW's picture

I watched the dash am video of sandra bland from the beginning when he had someone else pulled over,,,,,,,we are in big trouble if that's what's going on,,,,,,,she was clearly getting over because of police intimidation, the officer escalated every minute of it,,,,,live free or die trying

Cornfedbloodstool's picture

That Walter Scott shooting was fake as hell.

fuu's picture

Don't fuck up in Boston, they will threaten to blow your fucking head off.

 

http://www.boston.com/news/local/massachusetts/2015/07/27/cop-caught-das...

 

Also they promote jock straps like this from patrol to detective: http://www.boston.com/news/local/massachusetts/2015/07/27/video-resurfac...

 

Same psychopath cop in both videos. Look at that shit eating power tripping sociopathic smile. That is the smile of an apex predator in it's natural environment. Completely beyond any control. God bless the police union.

Ayreos's picture

I'm not american. If a policeman violates your rights and commits something illegal, like dragging you out of your car without warrant, can you shoot them, at least in some states? It should be self-defence...

Ghordius's picture

if a cop is a trained animal... well, perhaps you were not trained to go on your own on the potty, but you'd still be an animal, too

and a primate, in scientific terms, a hominid of the genus "Homo", a Homo Sapiens Sapiens (one hopes), with possibly some Homo Neanderthalensis in it

but if you don't believe in all that, then that same cop might still be your brother creature, created by the same deity, with the same divine spark in him as you

pazmaker's picture

The author also gets this wrong about Sandra Bland.  She was ordered to get out the car because she didn't want to extiguish her cigarette which was completely within her right.  So the cop trying to be a bad ass told her to get out of her car. Have you ever met a police officer that didn't have an over inflated ego?  I haven't

detached.amusement's picture

I did, and he was old as hell, yet somehow still out on patrol.  Verbal warning for going 70 in a 40, slow down kid, you know damn well if you were in your own town you'd be getting ticketed right now.

Probably long since retired now....most of the cops I see around are young and looking HARD to find something wrong with ANYONE.

de3de8's picture

Here in MD the State Troopers are professionals, not so much for the local yokels.

ZerOhead's picture

 

 

Pro Tips:

1) Convince someone in your immediate family to become a police officer

2) Realize right now that you have no rights and be sure to be polite by having at least $1,000 in your possession for the arresting officer to seize

3) Take the bus

38BWD22's picture

Oh, I thought those were 4), 5) and 6)!

roddy6667's picture

Live in another country. Unless you like the abuse and lack of personal freedom.

HenryHall's picture

Which country(ies) would you suggest as being any better?  Serious question.

jefferson32's picture

Small countries with limited governments, preferably not too subservient to the Empire. Switzerland, Lienchtenstein, Monaco, Austria, St-Marin, Andora,...

See the Free State Project Europe for example:

http://www.freestateproject-europe.org/what-is-the-fsp-e/

Fun Facts's picture

Our ZWO masters have trained the police that they are at war with the American public.

So they treat us like Iraqis.

Let freedum ring.

new game's picture

merica is being liberated

Random's picture

Czech Republic, Hungary, Slovakia, Slovenia, Croatia, Poland, Romania (Bulgaria or Serbia/Montenegro too, but a bit too iffy imho due to large underworld with guns and will to use them). All of them are in the EU, peaceful, not too expensive, decent(ish) infrastructure, friendly people, a few hours by car or plane to everywhere in Europe, little or no checks on border crossing, decently stable, safe. And last but not least, overwhelmingly white with little or no Muslim/African emigrants.

 

Random's picture

Lol, junked for offering a honest opinion. Keep'em coming boys!

toady's picture

b...by having at least $1,000 in your possession....

I ran across this in south America. Parents buy their children gold necklaces as health insurance. It's accepted practice that when someone shows up in the ER the gold chain is taken as the "deductible" and they start working right away, no gold chain, you're waiting until someone shows up to pay, massive trama, heart attack, doesn't matter. They don't start working till the cash is on the barrel head.

In the cop situation, $1000, as long as it equals no harassment and no charges, isn't a bad price. But $1000 isn't gonna stay in my kids wallet. They'll buy $1000 worth of slurppies and cheetos. It'd need to be a 1/2 oz of gold or something not immediately spendable.

lost money's picture

and don't "pull stuff" from your pocket

Helix6's picture

You mean...  like... your license and registration that he just asked for?

A Nanny Moose's picture

1) you have only those rights which are a willing, and able to keep and secure for yourself. PERIOD.

2) If you believe your rights are being violated, please see number 1.

jeff montanye's picture

and stay away from the police.  don't interact unless the alternative seems really, really dire.  doesn't matter if they are off duty (or probably even retired or fired).

Tom Servo's picture

This article is BS.  Mr. Dubose was shitfaced and decided to drive away, not "roll away"... 

 

Sandra Bland would have been let off with a warning but decided to be a social justice warrior and give the cop some static.  Things escalated and she ended up in jail for disobeying a police officer's order.  Pro tip, when a cop "orders" you to do something, remind them of your "contractual wage" since you are now under their employment.  Record this shit because it's admissable.  If Sandra hadn't been an idiot she would still be alive.

 

 

bobdog54's picture

And she was totally loaded with pot, this and 99.99% of all the bad police stories are bullshit. You want police trouble, just ask for it like all those in these dumbass stories.

Ace006's picture

Exactly. The two most dangerous situations for cops are traffic stops and domestic violence calls. So "If there is any lesson to be learned from these “routine” traffic stops, it is that drivers" need to not make any sudden moves, reach where the officer can't see, or act like a jackass.

roddy6667's picture

You mean the domestic violence calls at the officer's own home? Cops are way up on the least of wife beaters. High on the list of drunks and druggies.

Sandmann's picture

If Sandra hadn't been an idiot she would still be alive.

So tell us again why she is dead !

Anglo Hondo's picture

Because the statutary penalty for being an idiot is DEATH.  Simple!

I can see the American population decreasing rapidly - too many idiots.

new game's picture

ah, and this is ok in your version/vision of merica. we always had idiots. and a 4th ammendment that was followed. hmmm, back to minding my own business...

next will be roadside blowjobs for non-compliance...

toady's picture

Already happening in Phoenix. It's 2015! Please try to keep up!

More Ammo's picture

"Needed Killin" as we say in Texas...

Abbie Normal's picture

She is dead because she killed herself in jail. 

Or maybe this is just a good example of how smoking kills.

migra's picture

It might be time to up your meds and adjust your tin foil cap. 

Sandmann's picture

That's only because English Law is basically Land Law. Inquests were basically Land Courts to decide who inherited land. Debt Law is basically mortgaged land.

bigrooster's picture

The moral of the story is don't be stupid.  If the cop who pulls you over is an asshole sign your name to any ticket he gives you.  You are not admitting guilt and any scumbag traffic "lawyer" will get you off for $100.  And if you pay him another $100 to get you off then that is your business.

Gaius Frakkin' Baltar's picture

In other words... submit and you won't have a problem.

Money Counterfeiter's picture

Damn I use to get tickets all the time and never had these problems.

Son of Loki's picture

Ditto. I have been stopped for things like not using my turn signal changing lanes or a tail light out. I understand these can pose a risk to myself as well as others. So when the cop or trooper pull me over, black or white, I cooperate. Why not?

If you act like an idiot bad things can and will happen.

A Nanny Moose's picture

What if the cops pose a greater danger to those around you, than your driving habits?