INTERACTION WITH THE LAW: For People of Color
Written by: Yaffa Lawson
Dealing with the law is no magical answer. It’s not even brain surgery but it can be simple common sense. For minorities your contact with the law is a matter of life and death so every action counts. Let’s face it, no one likes to be pulled over by the cops for a traffic violation. Of course, the easy answer is don’t speed, right? Wrong!!! Most brown and black members of society get pulled over 3 times likely than Whites due to racial profiling. A tedious traffic ticket can turn into a civil rights violation for People of Color. Grant it, the jails are filled with people who have broken the law and minorities are the largest population behind bars according to statistics. However, it appears society lumps us all together. It’s as if everyone who is of darker skin is a criminal. That is why knowing how to communicate with Law Enforcement is crucial.
I can give examples of myself alone having to deal with monthly probational inspections by the Sheriff department because of family members who have felonies. I will not give a name but a close relative in 2012 received an attempted murder charge during the holiday season because they walked outside with a rifle, just when the cops where pulling up in the driveway in Apple Valley, California. Apparently, the person my family member had a so called “beef with” called the cops. I am not sure how the story went, he and this individual were having verbal altercations and one thing led to another. Of course, he put down his weapon, otherwise he wouldn’t be alive for me to share of what his monthly probational experiences were like. The apple valley police would have shot him dead right away.
I don’t condole his actions either. I warned him in the past months leading up to that event, not to do anything stupid that would get him caught up in the system. I told him to get the police involved but he and his mother made so many excuses why they couldn’t involve the cops. They felt the police or Sheriff would not do anything about it. Not only that, to some members of my family, like my sister, I appear to come off like, “a weak ass bitch” for suggesting that her child get help from the law.
Anyways, he lived in apple valley at a place his mom and boyfriend rented at the time. I was living in Arizona. My mother, sister and other family members were in Arizona celebrating the Christmas season, when we happened to turn on the news and see my youngest, nephew’s face plastered all over television. He ended up going to prison in San Bernardino county for a year in a half. He got out in 2014 a little before my mom passed away, because he received a sentence of time already served.
At that point, we had been trying to keep the family together for my mother’s last wishes. I ended up living with him along with my sister and her two other sons in 2015. We moved to Hemet and that’s when the monthly inspections took place.
The Riverside County sheriff parole officers would come by the apartment unannounced. This one time I was in the shower when I heard a heavy knock on the bathroom door, “Riverside Sheriff need you to come out, we have to search the restroom.” I peeked out, a white male deputy grabbed a towel for me to drape over my wet, naked body. I got out the shower leaving everything else there. I had to walk into the living room where my sisters and her sons were at, while deputies watched us. A few other deputies searched the rest of the apartment. As berating as it was for myself, after five minutes, this Hispanic female deputy showed up, allowed me to enter my bedroom to get dressed while she stood at the door.
My nephew had to follow various rules while on probation. He broke a few as they searched his bedroom, they found marijuana, unloaded weapons that were registered and unregistered to him.
Upon seeing those items the Deputies took out their handcuffs preceding to make another arrest on my nephew. They handcuffed him and walked him out the door.
What I noticed next was a big surprise, one of the deputies called down to the station to speak with their superior Sheriff that person said they could not make an arrest. They could however confiscate the unregistered weapons and his marijuana was expired so they took possession of that as well. They unlocked the cuff from my nephew’s wrist. Had my nephew put up a fight with those probational Deputies, he could have been seriously injured or killed not realizing that they didn’t have grounds to even make an arrest.
From that incident I came to the conclusion that many Afro Americans and Hispanics are not aware of their rights. Now I am not saying he or she should break the law, smoke or sell pot, or even get away with criminal behavior. What am saying is after observing how my nephew and his brothers conduct themselves with the Police Officers and Parole deputies, I believe minorities reaction to law enforcers can be less lethal, if they do these following things:
Remain Calm
When Confronted By Law Enforcers whether Police or Sheriff department try to remain calm. I have seen many social media videos of black-men or women sitting in their vehicle, a law enforcer approach them and they begin cussing them out. Though being questioned by any law enforcement is uncomfortable, it is best you calm down and listen to what he or she has to say even if they are not accurately assessing the situation. I get it, the law enforcers can be quite demanding and overbearing at times. If you’re a minority, it’s 10 times as hard. Also by remaining calm you are more likely to exercise your rights. When you are flustered and aggravated, you begin making choices that if you were not guilty, could lead to an arrest or worse.
The example I saw from my nephews staying calm help expedite the inspection in a timely matter.
Listen before you react
Listening is an important skill that many do not use to their advantage. Whether or not you feel rightly pulled over, you are still interfacing with the law and let’s face it, they have the upper hand 100% of the time. Listening to their cue to get identification out, to move, to get out of the car or what have you. Many folks who refuse to listen end up in a deadly struggle just because they refuse to hear what is being asked of them?
What if you don’t have identification
I was in a situation in 2013 with another nephew, the middle brother of the one who was jailed on attempted murder charges. Our grandfather had just passed away. We took a road trip down south, I let my nephew drive knowing he didn’t have a license or any ID on him. He went 10 miles above the speed limit. Sheriff trucks surrounded us instantly. He and his girlfriend thought it would be a good idea if they switched seats since she had a license. The Deputies saw them through the truck window. They screamed “Get out of the vehicle immediately!!!” They ran up and open the driver-side door rushing them both out, making them stand 10 feet apart from another. They told me to stay put inside the truck on the passenger side. My nephew who in the past would mouth off to law enforcers, kept quiet. I told him in front of the deputies just answer the question and don’t get upset. He did as I told him. There was one particular deputy who tried to push his buttons. He even tried to rough me up a bit but I remain calm. My nephew made it clear he didn’t have identification. What ended up happening is they checked my Arizona license, registration, and insurance that was on the truck in my grandfather’s name. The deputy asked why did I allow him to drive knowing he wasn’t licensed. My answer was plain as day, “I was tired.” That didn’t go over well with the Sheriff, I had gotten a three hundred and seventy-eight dollar ticket for allowing him to drive. My nephew received a six hundred dollar fine for speeding plus trying to switch seats with his girlfriend. Hey, we got to leave without being impounded or him being locked up in a Texas jail. That’s a plus!
I shared this story because many folks put up a defense when asked to show identification. It’s best to show it and if you don’t have it, be honest about it instead of making a big commotion.
Don’t be afraid to show that you know the law
When you are pulled over by anyone whether it be high way patrol, police, or Sheriff don’t be afraid to express to them that you know the law, or if you get a knock on the front door. You don’t have to be hostile or get an attitude with them. Just ask for example, “Can you tell me why you are stopping me? or why you are here?” Any law enforcement is supposed to give you a reason. Many aren’t polite about it but they still should give you a reason. Even if they come barging in on you, screaming “Hands up!” Do your best to comply.
You also have a right to remain silent. For example, if you happen to have been smoking pot or doing something illegal, you don’t have to tell them. They may try to insist that you give them that information but you can say, “I want to remain silent.” They are not allowed to search your vehicle or home without a warrant, unless they have documents to do an inspection or search which in the case of my nephew, they did. Otherwise say “I do not consent to a search.”
What I have found with family members on various occasions when confronted by a law enforcer, if they found evidence of something that was illegal, when they did make the arrest, the police or Sheriff called down to the station and had to take off the cuffs because there was no law backing their arrest. Meaning they couldn’t just arrest based on finding Marijuana, when it’s legal to have a certain amount of weed at your home.
Many Blacks and Latinos don’t know that. They have been intimidated by law enforcers and baited into giving up their rights. One sure way to do that is to verbally go tit for tat with a police or Sheriff. That’s why waiting and listening are important. And, if you happen to be in the wrong, take your punishment like a man or woman. Don’t be reduce to pettiness.
If you have a felony, don’t allow yourself to be bullied by the law
This is a common issue among folks who have been in-prisoned. The Police or Sheriff stop them either on the streets or in their home. They run their name finding out, they have been incarcerated in the past, arresting them on that same charge they were in-prisoned for but already served time on. They may have been speeding this particular day but got arrested five years ago for grand theft. That doesn’t give the law the right to recharge them with grand theft again. Many minorities get entangled with extra charges because they aren’t aware of their rights. Of course, don’t physically try to fight the police or Sheriff. That gives them cause to stick a charge on you. Like I stated before, any arrest has to be okayed by any law enforcers superior in command. They know they are suppose to follow certain protocol or it will not hold up in court. When you don’t listen and come off angry towards them, they find ways to lock you up even kill you, if you allow the situation to escalate.
Finally, and this is just a narrow version of the whole law enforcement interaction. Don’t disrespect a police or Sheriff deputy, and probation officers. Even if they are unfairly questioning you. Don’t resist, don’t run, don’t argue or physically become aggressive. You are only one person while the law enforcers have mace, club , stun gun, and .38 pistols among other weapons. You can’t win. You’ll end up beaten and bruised badly or dead. If the person in uniform is not upholding correct procedures, do your best to follow their instructions anyways. All the while, make note of their name tag and what county they task force in. When it is safe to do so, file a report not only with their superiors but go to your local American Civil Liberties Union or ACLU. You can find them online. If you just file a complaint with the force they work for, it could get swept under the rug and never dealt with at all.
Again there is no magical solution. Use common sense and don’t be an intentional law breaker. Law enforcers tend to racially profile; If that should happen: Wait, listen, and then act with compliance to the law officers or deputies or whom ever. In as much as possible stay safe.
