Coming up the 405 freeway on my motorcycle, I changed into the carpool lane at least 40 feet in front of the legal entrance (here in SoCal, we block most of the carpool lanes with double yellow lines); once in the carpool lane, I (along with the dozen or so cars in front and back of me) averaged about 80 85 for several miles, in an area where the legal speed limit is 55.
When I bought gas, I illegally held the vapor recover hood back, because the old-style hoods dont work with motorcycle gas tanks.
Pulling out of the gas station, I had to cross a solid white line to exit the right turn lane that blocks the entire front of the driveway and continue straight on the road I was on.
Heading up Pacific Coast Highway toward Malibu, my cohort of vehicles averaged 65 in the marked 45 mile per hour zone. There was a Sheriffs car in the pack, moving up and down and checking out the traffic. I was watching him as he fell in behind me, and slowed by 5 mph to show him I was paying attention.
and so on.
Whats my point?
That we write laws that no one has any intention of obeying, and that it then becomes a kind of dance in which the legislators get political credit for dealing with the problem, the various enforcers (police, zoning staff, etc.) get a lot of discretionary power
my Sheriff this morning has the absolute power to pull over any one of the ten or so cars in our little pod.
And, since the laws are seldom enforced, most of us dont mind.
If speed laws were absolutely enforced
with GATSOs (radar cameras), aggressive police enforcement etc.. how long do you think wed tolerate them? How politically challenging would it be to pass them. But because most of these laws are of the wink and a nudge variety, they meet with little opposition.
Heres another example. In a neighborhood where I lived before moving to Southern Calfiornias Mayberry, we had a crazy neighbor. He used to get into fistfights with several of the neighbors, harass and threaten the neighborhood kids, and was subject to a bunch of restraining orders. Then he came up with a new plan. He got a copy of the zoning standards, and went on a campaign to get exact compliance on a house-by-house basis.
Much hilarity ensued, until I went over to his duplex with a copy of the zoning code, a building inspector, and the local city councilwoman, who on reviewing the voluminous file, told the city staff to just stop answering his mail.
In the case below, whats happening isnt concentrated enforcement against known gang members, parole violators, people under restraining orders, or in general people who have a high likelihood of committing one of the violent crimes that are the real subject of concern.
So here are two sets of facts:
I have a gun safe in my garage (which I do), and a neighbor looks in one day as Im putting a gun in or taking it out, and sees an assault rifle (in reality I dont own one; Ive trained with them and theyre fun to shoot, but since I dont have apocalyptic fantasies, I never saw the utility for a civilian
plus I have a bunch of LEO and firearms trainer friends who will let me shoot theirs if I want). On the other hand, my ex-crazy neighbor takes to parading up and down his driveway with a shotgun.
In the second case, there is a legitimate concern. Im not so clear on what the legitimate concern is in the first, or that there is a legitimate concern that rises to the level of a policed sweep.
This goes to the core of the gun-management debate. On one hand, some people (including me) tend to believe that the issue is the people who commit the crimes; others see the tool used as the issue. To me, its a fruitless argument, since no one on either side is going to change sides anytime soon.
But this issue is one that we need to broaden as we talk about the bureaucratic state, and about expanding the power of that bureaucracy in response to 9/11.
And as we expand the scope of citizen paranoia (I know I was and am ambivalent about TIPS, I’ll explain more soon), we wind up with stories like this:
It was the most traumatic experience the Smoak family of North Carolina has ever had, and it happened yesterday afternoon as they traveled through Cookeville on their way home from a vacation in Nashville.
Before their ordeal was over, three members of the family had been yanked out of their car and handcuffed on the side of Interstate 40 in downtown Cookeville, and their beloved dog, Patton, had been shot to death by a police officer as they watched.
…
“A lady in Davidson County had seen that wallet fly off our car and had seen money coming out of it and going all over the road, and somehow that became a felony and they made a felony stop, but no robbery or felony had happened,” Pamela Smoak said.
“Apparently, they had listened to some citizen with a cell phone and let her play detective down there,” said James Smoak.
…
AL — I don’t know if I’ve said it here before, but citizens are going to report information to the police. In fact, we want them to on a regular basis, instead of waiting for America’s Most Wanted or a 9/11-style event.
The problem, it seems to me, is that too often the information is blown out of proportion, or underrated, or misshelved, particularly when the tip relates to an unusual crime.
The utility of a program that systematizes how police deal with tips from the public is that you bring some sort of sanity to the ways police react to a tip from the public. We need a system that gives more training and a sense of perspective to the person who takes down and evaluates the tip.
That way, you reduce the chances that the SWAT team smashes the door of a family eating dinner, or a neighborhood patrol car being sent to visit a gang of bank robbers in full body-armor with automatic rifles. No system can be failproof, but it should be better than scattershot.
Ray:
I don’t think the key issue is whether citizens report things to the police (I think I kinda blended two issues in this post); my feeling is that we should be encouraging and training citizens to report certain things (you live near an airport or a power plant; if you see somone checking it out or a suspicious truck or van parked close by, here’s the phone number to the security desk. Call them and they’ll check it out).
The issue here is two things: the quality of the citizen reports, and the fact that as we write more and more often ignored laws, the police have the legitimate leeway to do felony stops on us as violators.
A.L.
I’d seen that story about the dog getting shot in a few other places, and I did a little more digging. Turns out that someone had reported it as a carjacking, since they pulled out of the gas station where they were fueling in a big hurry and then a wallet went flying. The Tennessee Highway Patrol tracked the vehicle and once they had plenty of backup, pulled them over. As they were telling the occupants to get out one by one slowly (which the family was completely cooperating with), the family’s pit bull jumped out of the car and aggressively approached one of the officers. When the officer couldn’t get the dog to back off through verbal commands, and the dog was circling him like it was about to attack, he shot it.
Yes, it turns out that the original tip was wrong. Yes, the family was trying to warn the officers about the dog in the car. Still, I can’t fault an officer who is trying to keep control of a situation for shooting a pit bull that looks like it’s about to attack him.
Based on the following information:
— Most of the 9-11 terrorists were here on long-term tourist visas – legal
— One was illegal (I believe)
— They were all foreigners
— We do not have a RIGHT to fly.
— Stopping the small criminals, as they did in New York, for minor infractions, reduces the major infractions significantly.
— Airports are a convenient place for authorities to stop people.
— Planes are big and dangerous.
Therefore:
We should stop all passengers at airports to check for citizenship and legal residency information.
Fine.
I propose, based on the following additional information and assumptions:
— The terrorists had dark skin
— The terrorists, no doubt, at some point during their stay, exceeded the legal speed limit.
— More people are killed in traffic accidents each year than were killed on 9-11
— We do not have a RIGHT to get plastic surgery, own a DVD player with kick-ass surround sound, or snowboard the Appalachian trail.
— A mind is a terrible thing to waste.
Therefore.
Police will be stationed outside every REI, mall parking lot, Circuit City and Best Buy, tanning salon, all clinics for the aesthetically impaired, and any other establishment that provides a service to people in the United States. The police at said checkpoints will inspect all unpale persons for nationwide traffic violations, child-support default, late automobile registrations, and outstanding library books. Drug sniffing dogs will accompany the officers to ensure that no contraband residue is left unsniffed.
Seliot
Just out of concern for the safety of dogs everywhere, dogs should be restrained when in the car just like people are: either a dog seat belt (which attaches to the human seat belt) or in a crate. If the dog had been restrained in the car, it would not have jumped out, would not have “threatened” the cop, and would not have been shot (which seems like a reasonable outcome based on the reporting I’ve seen).
Re the dogs; if you read the claim of the family, they’d asked the officers to have one close the car door.
Lots of issues, but the biggest ones aren’t tactical but strategic.
A.L.
See your thoughts on the “managerial mindset” in your previous post.
This is also a good reason why the libertarian argument for jury nullification is so much yivshish: Make everything illegal. Of course, these laws will never be used against the good people of this community, just against those damned freaks and perverts, know who I mean? (nudge, nudge, wink, wink.)
Okay, I understand a cop shooting a dog after believing it would attack…but then LAUGHING about it in front of the very people they mistakenly pulled over? Unbelievable. You can’t fault this family in any way for the shit these officers put them through. And the news reports are mistakenly identifying their dead dog as a pit bull. The Smoak family said it was bulldog. Fucking Tenessee hillbilly, backward ass country fucks.
Came across your blog while follow-up on this story and thought I’d share a little information.
I’ve seen articles reporting Patton, the dog, as a boxer, a bulldog (the family’s assertion) and “part pitbull” (according to the Cookville Police). It sure seems like if a dog has a round face, he is assumed potential vicious pitbull.
You might also be interested to learn that (1) the citizen who phoned in the tip was interviewed, and she indicated that her message was distorted by the time it reached the highway patrol; (2) they have released the police video of the traffic stop, and it hardly looks like the dog is viciously attacking anyone…at least to my eyes. It seems to confirm the family’s story.
Life is at its most simplistic analysis one action tied to another. These actions are tied together and make the events that impact our lives for the positive and negative throughout life. These positive and negative influences are also impacted by others in this world, as they are tied to other actions by other people as well.
This event is tragic indeed, but it happened because of the actions of everyone involved. The husband who left his wallet on the car, the person who phoned in the report to the police, the mother or son who didnt close the car door on the passenger side, the policeman who felt threaten and had to make a split second decision.
Before you pass judgment on anyone watch the tape (the uncensored version). I first saw it on CNN but the actual shooting was covered for sensitive viewers and the audio was muffled.
I was angry and upset so I researched on the web to find out more. There are a few things I noticed in the tape that makes the shooting justified in my mind now. 1. The husband is heard to say, “I got a (hesitates)…dog that I dont want to get out though” 2. The wife sees her dog approaching the police officer at a run and starts to scream (two seconds before it is shot). 3. The last moment before the dog is shot; you can hear what appears to be growling. 4. The dogs posturing at that last moment is obviously aggressive.
So I wonder about the owners. Why didnt the husband say “I have a couple of dogs…? But instead said “I have a dog…? (They had two dogs in the car, but only one got out). Why did the wife start screaming two seconds before the dog was shot (timed from police video camera timer) as she saw the dog approaching the police officer? I think this dog was known by the family to be unpredictable around strangers or even aggressive.
The officer had less than a second to defend himself. Policeman are trained to use necessary force. What was he supposed to do put his shotgun down and pull out his pepper spray to try and subdue the dog? By then his leg would have been half chewed off or worse possibly.
I could be completely wrong about my judgment, I wasnt there. Thats the point too. I wasnt there. But by the video tape it seems to be a tragedy that could have been avoided. But the avoidance should not rest on the police officer that shot the dog. The media should not show the police officer shooting the dog in a five second blurb on the news. We as Americans are very passionate and this struck a chord at the end of the holidays and the start of the New Year.
For the record I am a Dog Lover we have four at home. Dogs are/or can be unpredictable. They will defend their families if they feel they are being threatened. This Dog (Patton) died defending his family. The mothers screams at the last moment may have spurned him into his aggressive stance at the end. Patton does come out of the car with his tail raised and wagging (which so many people have pointed to as a non aggressive dog) which is a greeting. But when he saw strange men around his family kneeling in a submissive posture he probably turned protective spurned by his mothers cries. He did what any dog would do. But the policeman did what he had to do too. What about the positive things this policeman has done to protect people?
It is a tragic event; the world is full of them. They will continue to happen and we are helpless to stop them. The media will be there to stir our passion to write letters like these.
Prayers to all involved especially Patton who was lucky to have a dogs life in this world we live in.
I saw the video – the dog was waging its tail – the cop is a coward and the police were negligent for not giving what was obviously a FAMILY not carjackers time to secure their dogs.
The woman screamed because she saw the cop was going to kill her dog. If the family had disobeyed the cop’s orders and threw themselves over their dogs,the cops would have shot them.
You people have no idea what a bunch of thugs the cops are because you have not dealt with them. I am an ordinary woman just like you and I was beat up by a cop who then turned around and said I attacked him. When you read the case law you will find that the cops always say they were attacked first. And now with the videotape in our face, a dog trotting out waging its tail a cop surrounded by seven other cops, a family with obvious pets begging to secure their animal – you are going to let them convince you he had to shoot the dog?
The cops are out of control – that is why all these innocent people are sitting in jail. But you will never believe it until it happens to you and I understand that. It is unbelievable. I didn’t believe it until it happened to me.
Go to this website and be afraid:
Cops and Canines
TV viewers were stunned and outraged recently to see graphic video footage of a Tennessee police officer shooting a playful dog as family members watched in horror.
But while the video (which has aired on CNN and other TV outlets) was shocking to most who saw it, Animal Legal Defense Fund Cruelty Case Coordinator Bradley Woodall wasnt surprised to learn of a beloved companion animal gunned down by police.
Woodall tracks animal abuse cases for ALDFs Anti-Cruelty Division, based in Portland, Ore. In the last few years, hes noticed a disturbing trend a sharp increase in reports of police officers shooting dogs.
I used to get one or two calls about this every month, says Woodall. Now Im getting one or two a week.
Woodall and other members of the Anti-Cruelty team work closely with local law enforcement agencies to combat animal abuse. Unfortunately, though most police officers take their pledge to protect and serve seriously, for some cops that pledge doesnt seem to include the family dog. Among the many such cases in the ALDF database:
http://www.aldf.org/
I get tired of hearing about how bad cops are! Granted they, like anyone else in the service fields can be rude and even unethical or immoral with those they are sworn to protect. But like the other service fields, most do their respective jobs as they are supposed to. Although I cant tell you the number of times I have wanted to smack a rude waitress or postal employee, and they dont carry guns!
Remember people we live in America. If you are unhappy with the police and judicial system, I suggest you move to another country like Bolivia or Haiti. I hear they have great police there who are fair and just.
If you are mistreated by a police officer it will depend on the degree and whether you can prove it. It must be based on more than your word against theirs too. Corrupt cops are corrupt because they have been getting away with it for a while.
Is it wrong that you were mistreated? YES!! Should you hate cops and think they are all like that one that mistreated you? NO!!
So who do you call if someone steals your car?
Who do you call if you house is broken into?
Who do you call if you or someone in your family is assaulted?
Vigilante justice…the Bernard Getz training video coming to a store near you!!
Most cops are fair and they enjoy helping people and putting the hurt on the bad guys. Some bad cops get their lines blurred and look at every citizen as lower than them.
This is a control problem and more should be done in the initial screening process to weed out these bad seeds.
Our system of justice is indeed flawed in many ways. The Armed Liberal points out many of these Deterrent minor misdemeanor and felony laws as a waste of time. I agree with the exception in that they provide a barrier or filter, if you will, to the higher felonies. The example of this is as follows: When I was nine years old me and a couple of friends were breaking windows out of an old vacant house. The cops showed up and put us in a cell and told us what we did was serious and against the law. We had the crap scared out of us, then our parents were called and we were sent home with no charges brought.
Thats how these laws work; they are a constant reminder that even though we are a free nation we still cant go around doing what we please without following the established laws. Most traffic laws are set for public safety and flow of traffic. The fact that they are overlooked or seldom enforced in some cases is because they have too many other serious issues at hand. But dont worry you can still find someone who will bitch and moan about that traffic ticket they got, when the Cop should have been out busting Crack dealers instead of writing 60 in a 55. Ask me how many tickets Ive got in the last five years!! Ive done my share of bitching!!
The bottom line is you have a limited amount of time here on Earth, dont take for granted the America we live in. Its not perfect but The conservatives will die out someday.
Cops in the US are way out of control. If you want to live in a police state, fine, but I’m now in the UK, were police treat everyone as human beings, with respect. In the US, cops can pretty much use whatever amount of force they want, and they will always be defended by the system. They can make terrible mistakes that cost peoples lives, and nothing happens to them. If I made a terrible mistake in my job, I get fired. A cop in the US can make a mistake and get a medal. More over, several police brutality websites in the US have recently “disappeared”, no doubt under pressure from police groups. Don’t get me wrong: I don’t hate cops — they are human beings like everyone else trying to do a job; but they should be held liable and accountable when they comit mistakes.