THE STREETS

Police (Mis)conduct and your rights

By: Shaye Mitchell

Once again, law enforcement officials have come under intense scrutiny for the treatment of a man in custody in Inglewood, CA. In the past few months, law enforcement officials in California, Oklahoma, Seattle and Florida were caught using excessive force on individuals who were obeying police orders, falsifying arrest reports, and planting evidence. Considering that police are present to serve and protect all people, it seems, at times, that they bring more fear than comfort to those with whom they come in contact.

Police actions are constantly being examined to determine whether or not racial profiling practices are being used, and to study the treatment of non-white individuals who come in contact with police officers. As a result of increasing questions related to racial profiling, law enforcement agencies have begun to collect information including a person's gender, race and age when stopped by a police officer. In Washington State, legislation was passed during the 2000 Legislative session requiring the State Patrol to collect and report race, gender, age, why officer contact was initiated, and whether or not a citation was given, an arrest was made or search was conducted. The result is a report given to the Washington State Legislature. The most recent report available is from January 2001.

The statistics shown in this report do not include instances in which an officer made a stop without reason, however, it does include statistics showing whether or not citations were issued, stops resulting in searches, and whether or not arrests were made, by race and gender. This report shows that 86% of all contacts are officer- initiated and do not include collisions or responses to calls made by individuals. In recognizing that, it is interesting to consider that non-white individuals make up 15% of the driving age population but account for 16.4% of the individuals stopped. Even more disturbing is the fact that non-white individuals make up 19.6% of the total number of arrests made and 26.3% of all property searches conducted. If the numbers don't lie, then changes still need to be made, and until those changes take effect, it is important to know your rights when you come into contact with a police officer, state patrolman or sheriff.

The American Civil Liberties Union (ACLU) has information available as to what your rights are when dealing with a situation involving the police. They are careful to remind you that you do not have to answer the officer's questions, but you must provide a driver's license, registration and proof of insurance when stopped while driving. If you are issued a citation when pulled over, you can be arrested if you do not sign the citation. The officer will be looking into your vehicle as he or she approaches for his or her safety and to look for weapons, contraband, and the location of other passengers in the vehicle. If the officer finds a weapon, contraband, etc., it becomes probable cause for a search of the vehicle.

It is recommended that you make it known that you do not consent to a search, but the police have the right to search your vehicle if they have probable cause. If arrested, whether guilty or not, it is recommended that you go with the officer. The only information you must give the officer is your name, age and address, any other questions answered can be used against you. When taken into custody, you have the right to contact an attorney right away. You do not have to answer any questions until your attorney is present.

It is also important to know that the police have to give you a receipt of everything taken from you when you are arrested, including your wallet or purse and its contents, any clothing, packages, cell phone, etc. In the event that any of your rights were violated, follow the proper procedure for filing a complaint, it is not recommended that you argue with the officer about your rights.

Although it is important to be educated on our rights, it is equally important to understand that the police have a responsibility to serve and protect us. It is important to recognize that the police are given the authority to enforce laws, and that, as is the case in every profession, there are bad police officers. Police officers must realize that the actions of the officers that abuse their authority speak louder than the actions of the officers that follow the rules and protect people.