D.C. Police to Check Drivers In Violence-Plagued Trinidad

Submitted by Bill St. Clair on Thu, 05 Jun 2008 11:18:58 GMT  <== Politics ==> 

Allison Klein at The Washington Post - according to this article, DC police plan to search cars and arrest anyone who doesn't comply. I sent the following via the dc.gov's Ask the Mayor page:

Mayor Fenty,

According to an article in today's Washington Post, you and Police Chief Cathy Lanier have "announced a military-style checkpoint yesterday to stop cars this weekend in a Northeast Washington neighborhood inundated by gun violence." The article goes on to say, "The checkpoint will stop vehicles approaching the 1400 block of Montello Avenue NE, a section of the Trinidad neighborhood that has been plagued with homicides and other violence. Police will search cars if they suspect the presence of guns or drugs, and will arrest people who do not cooperate, under a charge of failure to obey a police officer, officials said."

I have a problem with that, a big problem. If your oath to protect and defend the Constitution means anything, you should, too. The Fourth Amendment requires a warrant, supported by Oath or affirmation, to search "persons, houses, papers, and effects". If your police officers search a car without such a warrant, and without the express, uncoerced permission of its owner, you are violating his rights, and they and their entire chain of command, including you, are guilty of the federal felony of "Conspiracy against rights", 18 USC 241. This crime has a punishment of imprisonment for up to ten years, and, for kidnapping (unwarranted arrest is simply kidnapping under color of law), the punishment can be life imprisonment, or death.

I hope the article is wrong about your intentions. If not, stop it. Now.

Article link: http://www.washingtonpost.com/wp-dyn/content/article/2008/06/04/AR2008060402205.html

Sincerely,

William St. Clair

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Comments (3):

Great letter. But it will be

Submitted by Anonymous on Thu, 05 Jun 2008 23:30:38 GMT

Great letter. But it will be like Jesse Ventura on Larry King. He and you might as well be writing or talking to a fence post. But I am glad that someone is still making an effort. I gave up a long time ago.

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I know

Submitted by Bill St. Clair on Fri, 06 Jun 2008 09:09:07 GMT

I know. I write such letters for me, and my readers. I'm already well aware that it's the rare politician who cares one wit about morality, law, or even common decency. That Mr. Fenty had anything whatsoever to do with nazi roadblocks proves that he's not one of the few. But I'd love to be surprised.

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Mayor Fenty sent a reply

Submitted by on Wed, 11 Jun 2008 21:21:21 GMT

I received the following reply from DC Mayor Fenty's office.

From: "imailagent" <customerservice.eom@dc.gov>
To: <billstclair@gmail.com>
Subject: Email from the EOM (Intranet Quorum IMA00510947)
Date: Wed, 11 Jun 2008 17:14:26 -0400

Dear Mr.Clair:

Thank you for writing me in regards to the Neighborhood Safety Zone
initiative (NSZ) which is being implemented by the Metropolitan Police
Department (MPD). There has been both positive and negative feedback
from the community regarding the Neighborhood Safety Zone initiative
(NSZ). All feedback has been taken under consideration and I hope that
I am able to shed some light on the motive and benefits of implementing
this initiative. I would like to assure you that MPD is working to
address all crime and illegal activity in our city by attacking the
problem head on. My administration with the help of MPD is committed to
making Washington, DC, a safer, more livable city for our residents,
workers and visitors alike.

The NSZ initiative was developed to help increase security for those who
live in high-crime areas around the city and to help residents reclaim
their communities. The program will authorize MPD to set up public
safety checks to help safeguard community members and create safer
neighborhoods in the District by increasing police presence aimed at
deterring crime. The safety zones will be established only upon request
by a District Commander where there is evidence to support the existence
of neighborhood violent crime, such as intelligence, violent crime data,
police reports and feedback and concerns from the affected community.

Public safety checks like the NSZ initiative are used as a
crime-fighting tool in various cities across the country and have been
accepted by federal courts as a legitimate law enforcement practice.
The pilot program in the Trinidad neighborhood of Ward 5 has been
effective thus far due to the fact that the neighborhood had no
shootings over the weekend during the Neighborhood Safety Zone
initiative. We hope to continue this success in other areas of the
District.

Community involvement has always been a key to addressing crime, so
please continue to report all crime and illegal activity by calling 911.
You may also share your concerns with officers within your neighborhood
by attending local PSA meetings. You may locate your local police
district headquarters and PSA meeting by visiting www.mpdc.dc.gov

Thank you for your thoughts and ideas on how we can improve our great
city.

Sincerely,

Adrian M. Fenty

Mayor

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