Showing posts with label police. Show all posts
Showing posts with label police. Show all posts

Sunday, December 18, 2011

Face-to-Face with the NYPD





What They Look Like to a Guinean American

by IBRAHIM DIALLO
“It is far more important to hold accountable the enforcers of the law than the perpetrators because if you don’t, you will have a nation of warlords.
– Mahmood Mamdani.
New York’s Finest (also known as the NYPD) have come under a lot of scrutiny since activists from the Occupy Wall Street Movement took to the streets of New York City on September 17, 2011. From the pepper spraying videos on YouTube to the massive arrests, the brutality of the NYPD has shocked many. However, this only comes as a shock to those who never before had to deal with a police force inspired by a culture of brutality that encourages police officers to instill fear and contempt in those whom they are supposed to serve and protect. From the yellowcab driver, to the street vendor and from the high school students in working class neighborhoods to young men in Harlem, Brooklyn and the Bronx, this culture of unprofessionalism, fear and brutality is a daily occurrence. What Mayor Bloomberg and Commissioner Kelly call the “best police force in the world,” whose mission is to “preserve the peace, reduce fear and provide for a safe environment,” has in fact been the greatest fear factor in many communities.

Under Commissioner Kelly, the policy of “Stop, Question and Frisk” was expanded – giving NYPD officers the authority to stop civilians, question and search them. Officers will then proceed to enter the names of those searched into a database, which they claim is “valuable in helping solve future crimes.” The reason for the stops, you might ask? “Because you fit a description,” as I was told following a search where the officers did not ask me a single question. I will give details of my encounter later.

The “Stop and Frisk” policy has systematically terrorized and humiliated young men of color, especially those living in working class neighborhoods in New York City, from Harlem to Brownsville.  The NYPD continues on a daily basis to disrupt the lives of young men of color in this city through what has become an institutionalized approach stemming directly from a culture of brutality, take-no-prisoners and shoot-now-and-ask-questions-later attitude under the false presumption of “crime prevention.” One of the many successes of the Occupy Wall Street movement is in its exposure of this culture of brutality, disrespect and unprofessionalism of New York’s Finest to the general public. Indeed, over the last few months, the world has seen what has long since been the reality of many young men in New York City: the police officer acting with impunity, knowing that they’ll be protected as they brutally assault peaceful civilians.

In response to the media attention that these police altercations with peaceful protestors received, the NYPD aggressively mischaracterized these incidents with mere fabrications. When Brooklyn Councilman Jumaane Williams was thrown to the ground, along with his aide, and handcuffed during the West Indian Day Parade, the NYPD immediately responded that “a crowd formed and an unknown individual punched a police captain on the scene,” suggesting that somehow the councilman had been part of that crowd. We witnessed the same level of denial on behalf of the police when Deputy Inspector Bologna, a repeat offender, indiscriminately pepper sprayed into a crowd of peaceful female protesters. The Department immediately rose to the officer’s defense, claiming rather forcefully that the office did nothing wrong and that the use of pepper spray was “appropriate.” The Deputy Inspector (the “white shirt”) was punished: a loss of ten vacation days.

In NYC, there are endless examples of police brutality. The NYPD has managed to create an environment of fear in many neighborhoods in New York City and they do so with impunity. Commissioner Kelly said that he wants to instill fear in young blacks and Hispanics. In a private meeting, the Commissioner told lawmakers, “the reason we stop and frisk and target the groups that we do is because we want all people who fit that group to feel that anytime they leave their house they can be searched by the police.” Walking down the street in my neighborhood today, I know that this is what I can expect. The nakedness and constant fear that one feels knowing that at any moment a group of police officers, whether in uniform or in plain clothes, can approach you, take your identification and pat you down, is overwhelming.

This reality was brought close to home for me four years ago when I came home for winter break during my first semester in college. I was walking to the subway from my apartment in Brooklyn, when I was approached by two undercover police officers. “Spread your legs and place your hands behind your head,” they shouted, running out of an unmarked police car. I was with my cousin at the time, who simply responded to the command as if it was second nature – this was not his first time. I, on the other hand, was home from my first semester in college and after having just completed a seminar entitled “Debating Human Rights,” I naively thought I should demand the reason for my search and debate with the officers. But before I could utter a word, the officers went ahead and patted both of us down and asked for our IDs. “Can I ask why we are being searched?” I asked. My request went ignored, as we were never given a reason for the search. Before we could even ask for their badge numbers, one of the officers handed me my ID and wished me a “happy birthday.” The experience left me distraught. After consulting with a friend, I decided the next day to call my local precinct to notify them of the incident and file a complaint. I was surprised when the operator informed me that the officers reported the search, claiming that the reason was because my cousin and I “fit a description.”

Human rights organizations, activists and lawmakers and other concerned citizens continue to work tirelessly to bring an end to the constant fear tactics many citizens are submitted to at the hands of the NYPD.  They are demanding that some checks and balances be instituted in order to reel in the power of the police, and increase transparency in their interactions with citizens. Legal Aid and the NAACP pleaded with lawmakers to intervene during a City Council Hearing on September 27. Despite the efforts of the Council members, their requests have all been ignored. To be fair, my criticism of the NYPD is not directed at the poorly trained police officers caught up in a corrupt, arrogant and unethical system of criminal injustice.

There are indeed hardworking police officers struggling to just get by. These officers do not set the culture of the NYPD; rather their actions simply reproduce an offensive culture that is shaped from upstairs: a culture which supports, defends and encourages, a police officer to pepper spray, punch and beat peaceful protesters. There is something fundamentally wrong with a system in which officers can stop and search innocent civilians because they fit a “description,” meaning that they are Black or Latino. There is more to it than the individual actions of any one police officer raping a woman at gun point, or lodging dozens of bullets in the bodies of innocent New Yorkers such as Sean Bell and my fellow countryman Amadou Diallo. There are systemic abuses in the NYPD and it is no surprise to those who live it or have been paying attention.

Ibrahim Diallo is a Guinean-American living in New York City.

Tuesday, July 20, 2010

Jail time for video-taping police

by Michael Billy, Helium

On May 24 Brian D. Kelly of Carlisle, Pennsylvania was arrested for violating a state wiretapping law. Kelly, 18, videotaped police officers during a routine traffic stop. His camera was immediately confiscated and he was taken to jail. He spent 26 hours in county prison until his mother posted her house as collateral for his $2,500 bail.

What act was Mr. Kelly perpetrating which the great state of Pennsylvania saw as wiretapping?

Well, it turns out that there is an obscure state law that bars the intentional interception or recording of anyone's oral conversation without their consent. The arrest apparently relates to the sound that Kelly's camera picked up, not the video.

Some people would claim that ignorance of the law is no excuse', but I would have to whole-heartedly disagree. How could someone possibly know that it is illegal to record an on-duty officer while on public property? It is not a law that one would assume exists based on common sense, such as murder or theft.

The only way that Kelly could have possibly known about this law would be if he actually read it. But lets be realistic, it could not honestly be expected that every citizen reads the tomes of laws that are passed, on state, local, and federal levels, every year, a process which would likely take an entire lifetime.

Kelly said that if he knew about this law before the incident occurred he would not have recorded the officers. What he does not seem to understand is that this is a law that does not make any sense and is blatantly unconstitutional. And bad laws, quite frankly, are meant to be broken.

Let me remind you of the text of the fourth amendment. It reads, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" The word unreasonable allows for some gray area, but I am sure that most people (a jury of our peers, perhaps) would agree that it was unreasonable for the police to take his camera.

The only crime' Kelly is guilty of is recording the officers doing their jobs, an act that should never be illegal in a free society. Is it not our duty as citizens to make sure that the police and all other government employees for that matter are doing their jobs properly? If not, then whose responsibility is it? And who watches them?

This law is an enemy of Liberty and needs to be repealed. It may have been passed with good intentions, i.e. prevention of blackmail, but we all know how to pave the road to hell. Only Police Officers and others who seek to abuse their powers truly benefit from laws like this one.

Realize this: Any protest that ever takes place in Pennsylvania can not legally be recorded by bystanders. This allows the police, who can potentially abuse their power, to confiscate the cameras of anyone who records them, essentially eliminating evidence of any possible wrong doing.

We are losing civil liberties in this country everyday and I don't know about you but I'm getting sick and tired of it.

If you still do not believe that the country we live in resembles a police state, I have a simple question for you: What will it take for you to open your eyes?

Yesterday they stole away habeas corpus. Today we can not record the police. Tomorrow they remove our right to a trial by jury. Then they take away our guns. What will we have then? Only a hollow shell of the republic that our Founders once envisioned.