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Cop Slaps Man Exercising Rights

The Fourth Amendment to the Constitution guarantees your right against an illegal search by the police. Basically, you can only be searched under two conditions: a “lawful” search as defined by decades of Supreme Court decisions and with a warrant.

(Of course none of this is legal advice and I am not a lawyer. Never make decisions without the advice of a lawyer.)

Lawful vs. Warranted Search

What is and is not a “lawful” search can get complicated, and has been the subject of much case law. A really basic example is after you have been properly arrested and are on the way to jail, the cops can search you for weapons without your permission. A warranted search is everything else; the police need to go to court and get permission from a judge to search you. The latter especially applies to enclosed spaces such as your home and car.

If the cop thinks he has a clear lawful search that will stand up in court, he’ll just go ahead and do it. He does not need your permission. If the cop thinks he would otherwise need a warrant, he will ask your consent to search. If you grant such permission, the search automatically becomes “lawful.” You do not have to consent, and many lawyers will tell you never to do so without legal advice. The cops can be tricky, saying things like “Hey, you don’t mind if I just take a look?” or “So it’s cool if I just check inside, right?” If you nod, shrug or in some cases say nothing in response, that is often seen as granting permission. Some courts have held if you even open a door, or leave one unlocked, or allow the cops into your home “just to talk out of the rain,” that is “permission.” The clearest thing is to say “NO, I do not consent to a search” if that is your intent.

But the cops don’t always play by the rules. The video shows what happens when they don’t, and now, in America, what happens when you simply exercise your Constitutional rights.

What Really Happens

In yet another example of how police officers act today if they don’t know there’s a camera on, a New York sheriff’s deputy was suspended without pay after a video that appears to show him slapping a young man went online. The cop is seen quickly losing patience with a man who did not want his car searched, as is his right under the Fourth Amendment. The cop was suspicious of the two men when he saw a .22-caliber rifle on the back seat of the car. Note that the right to lawfully possess a firearm is also protected by the Second Amendment to the Constitution. The men involved stated they had parked their car at a local business and were walking to a nearby party when confronted by the cop. The man stated his friend had purchased the .22-caliber rifle earlier that day, had a receipt for the weapon.

“We’ll get a f*cking search warrant,” the cop says, apparently as a response to the man’s insistence that he did not consent to a search. “I wasn’t in my car when all this was happening,” the man says. “Why don’t you want to search my house or something?” The cops then replies “Let me see your f*cking keys.” When the man asks why, the cop is direct: “I’m going to search your f*cking car, that’s why… You wanna f*cking resist?” And that’s when the slap can be heard, although not seen.

The second man, who was filming, tells the officer what just happened was “intense,” and the cop answers: “You like that, huh? I can get a lot more intense, believe me.” The man replies “Slap me around?” The cop’s answer: “Yeah, I’ll rip your f*cking head off and sh*t down your neck.”

The cop was unapologetic when contacted by the media. He insisted he “was concerned [about] a public safety issue” and that if he “had to it all over again… I’d probably do the same thing.”

So there you go, simply another story of what life is like for citizens in Post-Constitutional America. Your rights? You’ll get them when the cops are darn well ready to let you have them.

Learn more about your right to video the police at Photography is Not a Crime.

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Peter Van Buren writes about current events at blog. His book,Ghosts of Tom Joad: A Story of the #99Percent, is available now from Amazon

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Cop Slaps Man Exercising Rights

The Fourth Amendment to the Constitution guarantees your right against an illegal search by the police. Basically, you can only be searched under two conditions: a “lawful” search as defined by decades of Supreme Court decisions and with a warrant.

(Of course none of this is legal advice and I am not a lawyer. Never make decisions without the advice of a lawyer.)

Lawful vs. Warranted Search

What is and is not a “lawful” search can get complicated, and has been the subject of much case law. A really basic example is after you have been properly arrested and are on the way to jail, the cops can search you for weapons without your permission. A warranted search is everything else; the police need to go to court and get permission from a judge to search you. The latter especially applies to enclosed spaces such as your home and car.

If the cop thinks he has a clear lawful search that will stand up in court, he’ll just go ahead and do it. He does not need your permission. If the cop thinks he would otherwise need a warrant, he will ask your consent to search. If you grant such permission, the search automatically becomes “lawful.” You do not have to consent, and many lawyers will tell you never to do so without legal advice. The cops can be tricky, saying things like “Hey, you don’t mind if I just take a look?” or “So it’s cool if I just check inside, right?” If you nod, shrug or in some cases say nothing in response, that is often seen as granting permission. Some courts have held if you even open a door, or leave one unlocked, or allow the cops into your home “just to talk out of the rain,” that is “permission.” The clearest thing is to say “NO, I do not consent to a search” if that is your intent.

But the cops don’t always play by the rules. The video shows what happens when they don’t, and now, in America, what happens when you simply exercise your Constitutional rights.

What Really Happens

In yet another example of how police officers act today if they don’t know there’s a camera on, a New York sheriff’s deputy was suspended without pay after a video that appears to show him slapping a young man went online. The cop is seen quickly losing patience with a man who did not want his car searched, as is his right under the Fourth Amendment. The cop was suspicious of the two men when he saw a .22-caliber rifle on the back seat of the car. Note that the right to lawfully possess a firearm is also protected by the Second Amendment to the Constitution. The men involved stated they had parked their car at a local business and were walking to a nearby party when confronted by the cop. The man stated his friend had purchased the .22-caliber rifle earlier that day, had a receipt for the weapon.

“We’ll get a f*cking search warrant,” the cop says, apparently as a response to the man’s insistence that he did not consent to a search. “I wasn’t in my car when all this was happening,” the man says. “Why don’t you want to search my house or something?” The cops then replies “Let me see your f*cking keys.” When the man asks why, the cop is direct: “I’m going to search your f*cking car, that’s why… You wanna f*cking resist?” And that’s when the slap can be heard, although not seen.

The second man, who was filming, tells the officer what just happened was “intense,” and the cop answers: “You like that, huh? I can get a lot more intense, believe me.” The man replies “Slap me around?” The cop’s answer: “Yeah, I’ll rip your f*cking head off and sh*t down your neck.”

The cop was unapologetic when contacted by the media. He insisted he “was concerned [about] a public safety issue” and that if he “had to it all over again… I’d probably do the same thing.”

So there you go, simply another story of what life is like for citizens in Post-Constitutional America. Your rights? You’ll get them when the cops are darn well ready to let you have them.

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Peter Van Buren

Peter Van Buren

Peter Van Buren has served with the Foreign Service for over 23 years. He received a Meritorious Honor Award for assistance to Americans following the Hanshin earthquake in Kobe, a Superior Honor Award for helping an American rape victim in Japan, and another award for work in the tsunami relief efforts in Thailand. Previous assignments include Taiwan, Japan, Korea, the UK and Hong Kong. He volunteered for Iraq service and was assigned to ePRT duty 2009-10. His tour extended past the withdrawal of the last combat troops.

Van Buren worked extensively with the military while overseeing evacuation planning in Japan and Korea. This experience included multiple field exercises, plus civil-military work in Seoul, Tokyo, Hawaii, and Sydney with allies from the UK, Australia, and elsewhere. The Marine Corps selected Van Buren to travel to Camp Lejeune in 2006 to participate in a field exercise that included simulated Iraqi conditions. Van Buren spent a year on the Hill in the Department of State’s Congressional Liaison Office.

Van Buren speaks Japanese, Chinese Mandarin, and some Korean (the book’s all in English, don’t worry). Born in New York City, he lives in Virginia with his spouse, two daughters, and a docile Rottweiler.

Though this is his first book, Peter’s commentary has been featured on TomDispatch, Salon, Huffington Post, The Nation, American Conservative Magazine, Mother Jones, Michael Moore.com, Le Monde, Daily Kos, Middle East Online, Guernica and others.

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