By: Dave Gaubatz
I am a former U.S. Federal Agent and worked with U.S. law enforcement for over 20 years. There are many professional law enforcement officers, but there are sadly many 'bad cops'. For the most part they receive little or no training in regards to the U.S. Constitution, although they must take an oath before taking office.
It is difficult to define the exact percentage of cops who willingly violate civilians rights (U.S. citizens). Based on my own experiences I would estimate 60% of law enforcement officers uphold the Constitution and do not willingly break U.S. laws. That leaves 40% who do not uphold the Constitution. There are approximately 1 million officers (city, county, state, and federal). Based on my estimate there are at least 400,000 who work more for their own pride and ego than they do for the citizens they have been sworn to protect.
How do officers violate the Constitution and which ones in particular? When officers respond to a call or view suspicious activity their job is to verify there is no law being broken. Their job is not to allow their ego or pride interrupt their duty to protect the Constitutional rights of citizens. The number one violation they commit is to deny citizens their rights under the First Amendment of the Constitution.
"Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and
to petition the Government for a redress of grievances".
This is the area officers are not only violating the rights of citizens, but in addition they jeopardize the life of the citizen and their own life. The officers are also damaging their profession as a whole by being abusive to citizens and violating their rights to free speech. Over time the public lose faith in law enforcement and this is happening today in 2018.
When a citizen is stopped by officers it is often the first time they have ever had this form of contact with law enforcement. They are sometimes nervous and angry. It is the responsibility of the officer to deescalate the situation. A citizen has the right to question an officer and to refuse providing their identification (unless operating a motor vehicle or being 'lawfully' detained or arrested), consent to a search of their person or property. They have a right not to inform the officer what they are doing or where they are going. 40% of officers will lose their cool, which equals their professionalism when a citizen refuses to answer their questions in the manner they want them to. They essentially throw the law and Constitution out the window because they got their feelings hurt.
What can citizens do to protect themselves from 'bad cops'? In todays world when everyone is paranoid (and often rightly so) about Muslims committing Islamic based terrorism in the name of Allah, it is vitally important that you arm yourself with a quality camera (like Go Pro and Body Cams) and keep them in the record and audio input. Citizens have a Constitutional right to photograph anything they can see while in a public area. This includes police officers, other citizens, any vehicle, any city, county, state, or federal building or installation. When an officer requests or tells you to turn your camera off, it is in your best interest to refuse. Officers are less likely to threaten you, assault, or even kill you if they know they are being recorded. They are afraid of going to prison and have everything they own taken from them in a civil rights lawsuit. If you are informed you are being detained or arrested follow their instructions as to holding your hands up or to not resist arrest. That does not mean you have to turn your camera off. Let them turn it off if they choose to do so, but this action is a violation of your First Amendment. Also keep in mind that most officers are now required to wear body cameras and it is your right to obtain their footage using the Freedom of Information Act.
We must also be concerned about our Second Amendment rights to bear arms. Many officers opine it is only their right to arm themselves against criminals, but the public citizen does not have this same right. Citizens do have a right to own and carry firearms. Do not give your rights up to an uneducated 21 year old cop who believes he is now the U.S. Supreme Court and can make up his/her own laws. They must be educated by you standing up for your rights and to file charges against them and/or sue them if they violate your rights.
To support our military and law enforcement officers does mean giving up your Constitutional rights. The citizens who will suffer most are our younger generation. When the rights of the Constitution are eroded, America will become one such as North Korea, China, Saudi Arabia, or Russia.
In Nov 1787 Thomas Jefferson said.."the people can not be all, & always, well informed. the part which is wrong [. . .] will be discontented in proportion to the importance of the facts they misconceive. if they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty. we have had 13. states independent 11. years. there has been one rebellion. that comes to one rebellion in a century & a half for each state. what country before ever existed a century & half without a rebellion? & what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? let them take arms. the remedy is to set them right as to facts, pardon & pacify them. what signify a few lives lost in a century or two? the tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. it is it’s natural manure".
