Fayetteville, N.C. – Leftist media in Fayetteville is again attempting to gin up division, strife, and anger over an issue that has already been refuted several times over. And for no other reason to attempt to prop up the ill-conceived “citizen’s advisory board”. More nonsense that the city council is trying to gin up which would do nothing more than adding another layer of contentious bureaucracy to a law enforcement officer’s already difficult life. And this is in addition to putting an unnecessary burden on Fayetteville’s taxpayer dollars which are certainly not limitless.
What burdens? Why the burdens of litigious parties who’d seek to have their whines and complaints validated by some quasi-sanctioned civilian review board because a court of law has rejected them based on the rule of law and not used the rule of emotion in their favor. And we’ve not met a city attorney yet who didn’t just simply throw the taxpayer’s hard-earned dollars at a complaint to make it go away rather than do the right thing and fight it as they should.
Besides, we already have judges and juries in our courtrooms who are already the check and balance for these issues. Why is the city council reinventing the wheel that has already been invented and is in operation today in our courts? Each case requires the court to wade through the fact-bound morass of reasonableness and to decide whether any force used was objectively reasonable using the Court’s analysis in Graham v. Connor.
It sounds swampish indeed for the city council to try to institute a group of unelected people to usurp the lawful powers of our courts and sit in unlawful and unconstitutional emotional judgment over our law enforcement officers.
Yes, even the performance of a traffic stop is a “use of force” and any subsequent search derived thereof is a matter for the courts. A law enforcement officer performs a seizure under the Fourth Amendment when they terminate a free citizen’s movement by a means intentionally applied. A traffic stop, investigative detention, or arrest under the Fourth Amendment are all considered to be seizures, and therefore use of force, under the Fourth Amendment. And as a use of force and subsequent search, the action can only be decided lawful or unlawful in a court of law under a specific process and rules. Not by any unregulated and occupationally (law enforcement) uneducated group of civilians known as a civilian review board.
We must continue to educate the masses about Graham v. Connor, in which the Supreme Court of the United States declared quite clearly that:
“The Fourth Amendment ‘reasonableness’ inquiry is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation. The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene [NOT a civilian review board, a spouse, civilian bystander, politician, liberal, news reporter, activist, racist NAACP/BLM protesters/rioters, defense attorneys], and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.”
The facts are viewed through the lens of a reasonable officer and without the vision of 20/20 hindsight. It is this legal process that the race agitators are trying to circumvent in order to try and exert some measure of unjustified control over law enforcement. These race agitators know too well their nonsense simply will not be entertained in our courts of law as well it shouldn’t.
To put it succinctly, all of this is nothing more than machinations by liberal leftists, nee Democrats, using thuggish “African-Americans” to institute some methodology (citizens review board) by which to threaten and punish law enforcement should they even contemplate doing their job in accordance with their oath of office by the equal application of the law to all citizens regardless of color, or politics. It’s a way to punish law enforcement officers even if the courts determine that they did their job correctly.
A civilian review board will improperly and incorrectly use;
- 20/20 hindsight,
- indicated, suggested, or implied conclusions over hard irrefutable facts,
- demands for perfect answers instead of reasonable answers,
- the expectation of some non-existent magical on/off switch that triggers rigid preconditions for using force,
- not focusing on the determinative issue,
- agency policies that are in contradiction of state and federal laws as if they were laws which they are not.
A very good write-up by the Legal Division for the Federal Law Enforcement Training Center on the issue is; Use of Force Test: Do You Know How You’ll be Judged? Very enlightening and worth the read! Especially by the Fayetteville city council and their city attorney, Karen McDonald. After all, they are responsible for telling any civilian review board how they are to judge the actions of any law enforcement officer and by what acceptable legal methodology. Though it strikes me that since this is something already done on a daily basis in our courts of law, why would Fayetteville be wasting time and money on a civilian review board that could do nothing more than arrive at the same conclusions as our courts? Duplication of effort with no justifiable gain.
Let’s start by exposing the most basic lie in their conjecture. That being law enforcement officers can somehow magically determine the race, sex, and age of the driver and occupants of the vehicle in traffic. And as they themselves are negotiating their way through traffic.
Look at these dash cam stills and tell me if while you’re calmly sitting in your chair with no danger of being involved in a traffic accident you can determine the race, sex, and age of the occupants of these vehicles.
You can’t?! What do you mean you can’t?
You’re seeing the same thing the law enforcement officer sees and you’re not even under the pressure of operating a car in traffic at the same time much less trying to determine if a traffic law has been violated and what is the proper charge to make if any.
The truth of the matter is that law enforcement officers make their decisions based on the vehicle that stands out of the crowd by an action, or lack of action, that’s in violation of the law. The law enforcement officer can’t make the decision based on race because the law enforcement officer has no way of knowing the race until they perform a traffic stop on the vehicle and walks up to the driver’s door to see the violator.
Now let’s address the second deceitful manipulation of your thinking by these unethical leftists. They start by shoving a report in your face titled “Drivers and Passengers Searched by Race, Sex, and Ethnicity” as if no other report of consequence existed. No, they are not telling you the truth. They are committing what’s called a lie of omission.
There is a term for this kind of mental disorder; it’s called PPD (Paranoid Personality Disorder) and it’s a long-term mental health condition. PPD causes you to be suspicious, distrusting, and hostile toward others. You think other people will harm, trick, or take advantage of you. You are nervous about talking to others. You are afraid they will use the information against you. You think certain people are trying to insult you, make you look bad, or threaten your reputation. You hear a person say one thing, but you think he or she means something else. You are defensive when others make comments. You argue, pick fights, or get angry. You often hold grudges. You cannot forgive people you think tried to hurt you. You may see certain people as your enemies. You may try to take legal action against them.
Sound familiar? Yes, you did just read a description of BLM, the NAACP, and Antifa.
We start by getting rid of all the male/female fluff that’s designed to obscure reality in a futile attempt to soften or hide the Black/White ratio. Next we simply add up the total number of Blacks and the total number of Whites and then dividing them by the total number of traffic stops. We find that the CCSO has really got it in for Blacks by a whole whopping 3% or more on average. And in fact, we find that the FPD is under-performing compared to the state as a whole. And the Fayetteville State University? Well, that university is in serious need of investigation for racism now, isn’t it? Searching only Blacks! Why, what are they thinking?
But let’s take a look at another report available that gives us solid information about why more Blacks than Whites are being searched. By taking a long look at the “Initial Purpose of Traffic Stop by Driver’s Sex, Race, and Ethnicity” we find some very stunning information.
Now, this is information that they absolutely forbid you to look at and consider. If you do you will be accused of being racist and having no compassion or some other such tripe. And that’s exactly why we’re going to look at it and yes, even use it in our decision-making process.
You simply don’t start an investigation or report in the middle. You start at the beginning and then go through the middle and finally reach the end. In this way, you avoid lies of omission.
We start with; why did the Black person come to the attention of the law enforcement officer in the first place? Did that Black person do anything that captured the law enforcement officer’s attention, or is there some factual evidence that the law enforcement picked that Black person out of the crowd on the basis of race alone?
We don’t start in the middle of the investigation or report with the search, we start at the beginning of the investigation or report and establish the determinative factor that caused the Black person to come in contact with the law enforcement officer. And why not? This is the way it’s done with regard to any other citizen of any other race in Fayetteville, or North Carolina, or this nation. Our goal here is to provide equal treatment, not special treatment.
In every single metric with regard to “purpose”, we can see that Blacks commit these violations at a consistently higher rate than do Whites. Now, remember law enforcement officers can’t initially see the race, sex, or age of a driver of a vehicle and are quite obviously restricted to observation of a vehicle only and the movement/actions of that vehicle only, so attempting to attach a racial component to a traffic stop is nonsense.
It is this report regarding the “Initial Purpose” of the traffic stop that is being ignored by the divisionists, the agitators, the wholly unethical, that’s the most telling report of all.
A simple fact in this issue is that there would be no traffic stop, and a subsequent search, if there had been no violation in the first place that attracted the law enforcement officer’s attention.
And breaking the “Initial Purpose of Traffic Stop by Driver’s Sex, Race, and Ethnicity” into “male” and “female” is nothing more than a distraction in an attempt to muddy the waters. Here’s an easier to read report;
Now the real question is revealed. Are White motor vehicle operators more safety-conscious than Black drivers?
Or is it that Black motor vehicle operators are less safety-conscious than White motor vehicle operators?
Either way, it’s clear that the issue of Blacks being searched more is caused by the actions of Blacks themselves.
Another of those reports ignored by our divisive agitators is the “Type of Search by Basis of Search” which tells a very interesting fact.
An overwhelming number of searches are based on “probable cause” from the observation of suspected contraband. Why yes, a very high number of these searches are a result of the Black violator being stupid in a no stupid zone.
Stupid in a No Stupid Zone
Now compounding the problem, for Blacks that is, is their penchant for doing really stupid stuff. Like leaving a burning marijuana roach in the ashtray when being stopped by the police for weaving in the roadway while high. And because the driver’s seat is reclined so far back they can’t see the roadway through the dash. And having tint on their windows so dark they can’t see out them anyway. With one headlight out. And a temporary paper tag on the car 180 days out of date or that says “license plate stolen”. And their pants are so far down their legs they can’t shift properly. And their music so loud it can be heard six streets away by a deaf person. All while they’re trying to type on their cell phone to one of their three babies’ mamas about that child support warrant she had taken out on them. At zero dark thirty in the morning.
So, what’s the real reason for more Blacks than Whites being stopped and searched?
We can already see that it’s not racism on the part of the law enforcement officer. It’s an aberrant cultural egotism and arrogance perpetrated and enforced by years of “special” treatment rather than equal treatment in the form of social promotions in school, affirmative action at work, and the unwarranted fears of people in positions of authority of being accused of being a racist when there is a need for correcting bad behaviors by Blacks in any capacity.
A Clash of Cultures
One of the saddest elements of this issue is the tremendous burden placed on the majority of Blacks who’re Black Americans who want nothing more than to live their lives in peace with their neighbors. Black Americans whose color is never even contemplated until mainstream media makes it a consideration in the glorification of “African-American” thuggish Black violent behavior.
Conservative Americans of all other colors easily accept Black Americans into their lives, families, homes, and personal spheres with nary a thought. Until confronted with the thuggish African-American Black sub-culture that is. The thuggish African-American Black sub-culture comprises about a third of the Black community and quite frankly are the foundation of all of Black American’s problems.
No one wants a thuggish Black African-American agitator anywhere around them because of all the violence, divisiveness, and angst they cause just by their arrogance and hate-ridden attitudes. No one wants all that unnecessary drama at their backyard bar-b-que, home Spades tournament, or patio Bunco game. They want fellowship, friendly conversations, and the joy of relaxing around friends.
A Closer Look at the CRB Proponents
So, who exactly is pushing this CRB nonsense, and why? Are these people seeking revenge due to having brushes with law enforcement over the years? Or is it that they seek to have some kind of leverage over law enforcement in the future because they fear another brush with the law may be in their future? The reader will have to decide for themselves. And in this, these people’s past records speak for themselves.
Fayetteville’s alleged mayor who’s also a convicted criminal is not exactly a pillar of credibility when it comes to the rule of law.
Another racial agitator whose credibility has been called into question by his actions. Williams is a long-time critic of the FPD and one can find his divisive and usually unsubstantiated rhetoric sullying the local liberal newspaper, the Fayetteville Observer. That is when they need a filler article, and they have nothing more intelligent and appealing to fill a space like a sewage collection advertisement.
These attacks of the FPD by Williams are not new either. It seems that Williams has always had problems endearing himself to FPD officers. Forever embedded in internet history is this little tidbit from 2012;
By no stretch of the imagination can any of these people be considered fair and impartial judges of law enforcement. Quite clearly their motivation is due to carrying a grudge for having been properly called to answer for their actions in a court of law by law enforcement.
The best way to deal with these people is to just noncommittally nod your head while all that emotional incontinence spews from their mouth. Then upon extracting yourself from their presence immediately turn your thoughts to the important things you were dealing with before being so rudely interrupted.