Protesters outside the Brooklyn Center Police Department on April 13, 2021, in Brooklyn Center, Minn., after the killing of Daunte Wright. (Chris Tuite / ImageSPACE / MediaPunch / IPX)
Thank you for signing up forThe Nations weekly newsletter.
Daunte Wright was pulled over by police officers on Sunday afternoon. The reason the police gave for the stop is that he was driving with expired registration tags on his license plate. The time was roughly 2 pm. Within minutes of being pulled over, Wright was dead.
What happened during those minutes is still being pieced together, but the essential horrors were captured on video. As the officers from the Brooklyn Center police approached Wrights car, they noticed that he had an illegal air freshener dangling from his rearview mirror. They then ran his plates and found that he had $346 of outstanding fines and an arrest warrant for misdemeanor offenses. At this point, Wright was scared enough to call his mother. But before he could finish the call, the officers removed Wright from his vehicle, and as one officer fumbled for the handcuffs, Wright panicked and attempted to get back into his car. Another officer, Kim Potter, then decided to electrocute him, but instead of pulling out her Taser, she pulled out her gun and shot Wright to death. He was 20 years old.
The particulars of Wrights murder have haunted me for a few days now. My own son, only 8, has a tendency to panic in stressful situations. I learned, very early, that the louder you talk to him, the less he hears you. The thought of a cop shouting instructions at him and then killing him for noncompliance keep me awake at night.
Wrights death was not random. It happened because this society allows the police to prey on Black people. His murder took place just days after the world got to see video of Lt. Caron Nazario being pepper-sprayed and abused by Virginia State Police for driving his own new car. It took place 10 months and 10 miles from the murder of George Floyd. It took place in the long shadows of the murders and near-murders of Jacob Blake, Philando Castile, Sandra Bland, Walter Scott, and so many more. And it followed decades of Black drivers being pulled overand then, all too often harassed, fined, and arrestedas much as 40 percent more frequently than white drivers. Wright was right to call his mother.
There is, of course, a way to stop this needless slaughter of Black people for the apparently capital crime of driving while Black. We need not live in a world where the police can accidentally kill Black people who committed moving violations. The solution is simple and obvious: Abolish armed traffic stops. Use unarmed officers and ubiquitous technology to enforce the traffic laws instead. More Black people will live.
This isnt as radical as it might soundor as dystopian. Yes, cameras, drones, facial recognition technology, and the other apparatus of the surveillance state are just as racist as the people who program them. But I can argue a ticket much more effectively than I can dodge a bullet.
In most localities, we already have unarmed law enforcement officers issuing citations for minor vehicular offenses. Parking cops issue tickets all the time, but most of them are armed only with that unforgiving ticket-writing thingy, instead of a gun. And despite the fact that Ive seen people pull out a thesaurus to come up with the worst possible invectives to shout at these officers, when was the last time you heard about somebody killed by a parking inspector?Current Issue
Subscribe today and Save up to $129.
Theres no actual reason we should have armed police officers enforcing traffic laws. Government officials dont need to carry a gun to write a ticket or issue a summons. The state need not send armed paramilitary units to rove the streets looking for people who miss a turn signal. The option of shooting somebody over an air freshener should never be on the table.
Im not calling for traffic anarchy. Driving is a dangerous privilege. Road traffic accidents are the leading cause of deathfor people under 54 in the United States. Theyre the leading cause of work-related death in almost every industry. Im constantly aware that getting behind the wheel of a car is the most dangerous thing I do, and sitting in my car is the most dangerous thing my children do. I know Im much more likely to be killed by a fellow civilian speeding through an intersection than by a cop violating my constitutional and human rights. Cars are so dangerous the Federalist Society probably wants to invent a constitutional right for aggrieved white boys to drive them without a permit.
But we have no evidence that siccing armed police officers on people suspected of moving violations makes our roads safer. Indeed, technology has advanced to the point where many traditional traffic enforcement duties are being handled by the surveillance state instead of the police state. The last time I got a ticket for anything, I was busted by the robots: A red-light camera caught me making an illegal U-turn. Since it would be patently ridiculous to outfit the red-light camera with a ray gun and program it to zap me unconscious until the police arrived with my physical ticket, I received my ticket in the mail about a week later, and my illegal turning spree came to an end.
Between the cameras, which are everywhere anyway, and some unarmed traffic wardens empowered to pull over Lamborghinis and protect us from drunks, we could have all of the same safety benefits from road regulation that we do now. The only thing wed lose from traffic cop disarmament is the likelihood that allegedly clairvoyant police officers would use minor traffic violations to pull over Black drivers in the search for other crimes.
If you like this article, please give today to help fund The Nations work.
Those stops, the fishing expeditions during which cops use a traffic violation as an excuse to search for drugs or guns or other illegal activity, should be unconstitutional anyway. The Fourth Amendment should require the police to have probable cause or reasonable suspicion that a driver is engaged in criminal activity before they can stop the person. But those normal rules are thrown out of the window once people sit behind the wheel of their vehicles. Courts have decided that citizens have fewer constitutional protections in their cars than nearly anywhere else in society. Judges act like the internal combustion engine is the Fourth Amendments kryptonite, and so cops can use simple traffic violationsfrom a broken taillight to a dangling air freshenerto stop and search people they would otherwise have no credible reason to question or harass.
That was the ruling by the Supreme Court in a 1996 case called Whren v. U.S. In that case, cops patrolling a high drug area (really just a predominately Black part of Washington, D.C., but whatever) observed a motorist stopped at a stop sign for an usually long time. The car then abruptly moved and turned without signaling. The police stopped the car for the traffic violation (which, again, they didnt care about) and found the drugs they were really looking for. The Supreme Court ruled that the arrest was valid, even though the officers had an ulterior motive for the traffic stop.
Antonin Scalia wrote the opinion, but the ruling was unanimous. Somehow, eight white people and Clarence Thomas decided that the Fourth Amendment should not matter if the cops claim you forgot to hit your turn signal.
It is decisions like Whren that killed Daunte Wright. Brooklyn Center police didnt actually care that Wright was driving with expired tags on his plate. They were hoping to catch him doing something else, something actually criminal. When they came up empty for a real crime, they started scrambling through air fresheners and prior moving violations looking for anything to justify their pointless stop of a 20-year-old kid.
Once that process of Supreme Courtapproved harassment started, it was Wright, not the cops, who justifiably feared for his life. If youve never been pulled over by the police for a pretextual stop, I dont think you can appreciate how frightened Wright must have been. Theres no telling what a cop willing to arrest you over an air freshener might also do. Every Black person who has been stopped by a cop for no good reason knows theres a chance the cops will plant or straight-up invent a good reason. Every Black person knows that the kind of cop who would stop you for driving while black is exactly the same kind of cop who would kill you for being Black.
Ive been there. I was pulled over in Indiana, back when I was about the same age as Wright. When my tormentor approached my car, he said it smelled funny. I had just gotten it washed. I responded with something flippant, channeling my inner Sharon Stone with something like, What are you going to do, arrest me for having my car washed? The next thing I knew I was being pulled out of my car, and my head was then slammed onto its hood.
I was so scared. And watching the video of Wrights murder, I could feel his fear rising. Even though I already knew what would happen to him by the time I watched it, I wanted to scream, Stay calm, brother! Stay calm and we will live and grow and have a family and children. We can survive this! Dont let them take us now.More from The Nation
The flight response overpowered him. We dont even know if he was trying to flee; he might have been just trying to get back into his car where he felt safer. The cops could have let him sit down; they could have tried to calm him. They could have talked to him. They could have seen him.
Instead, they shot him.
Daunte Wright was no threat. Even if he had driven away, so what? The officers still had his plate, the information from his drivers license, and the make and model of his car. The police could have driven to his mothers house and handed her the summons for the freshener violation. An unarmed cop might have put the ticket in the mail.
But that didnt happen, because the officer playing at traffic cop still had her gun. An otherwise ordinary example of court-approved racism escalated to state-sponsored homicide, because we allow the cops to turn traffic infractions into capital crimes.
Armed cops should not be allowed to pull us over for traffic violations. They cant be trusted with that power.
Originally posted here:
Its Time to Kick Armed Cops Off the Road - The Nation
- Protections for e-data clear Senate committee [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Quinn: Supreme Court should clarify Fourth Amendment rights in the digital age [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fourth amendment | Wex Legal Dictionary / Encyclopedia ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fourth Amendment to the United States Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The Fourth Amendment is destroyed by the Roberts led Supreme Court. - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Court may let cops search smartphones [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Supreme Court to hear case on police searches of cellphones [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Fourth Amendment in the digital age: Supreme Court to decide if police can search cellphones without a warrant [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- What Scalia knows about illegal searches [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Should police be allowed to search your smartphone - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Fourth Amendment to the United States Constitution - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Rand Paul Third Party Records Should Get Fourth Amendment Protection O'Reilly Factor 6 11 2013 - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- The Shaky Legal Foundation of NSA Surveillance on Americans [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Pennsylvania Supreme Court rules police don't need warrants to search cars [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Local police: Updated vehicle-search law still requires probable cause [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Liberal Supreme Court Justice Comes To The Defense Of Scalia [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Gerald Celente - Trends In The News - America's Spiritual Death - (1/20/14) - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Smartphones and the Fourth Amendment - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Fourth Amendment Searches And Seizures - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- Fourth Amendment Defined & Explained - Law [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- Enforcement Techniques For Violations Of The Fourth Amendment - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- I-Team: Do police seek search warrant friendly judges? [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- It Costs Less to Care [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- The Fourth Amendment - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- Magistrate waxes poetic while rejecting Gmail search request [Last Updated On: May 11th, 2014] [Originally Added On: May 11th, 2014]
- License reader lawsuit can be heard, appeals court rules [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Seize the Rojo - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- NSA Spying Has a Disproportionate Effect on Immigrants [Last Updated On: May 17th, 2014] [Originally Added On: May 17th, 2014]
- Motorists sue Aurora, police in 2012 traffic stop after bank robbery [Last Updated On: May 17th, 2014] [Originally Added On: May 17th, 2014]
- Judge Says NSA Phone Surveillance Likely Unconstitutional - Video [Last Updated On: May 21st, 2014] [Originally Added On: May 21st, 2014]
- New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- Bangor Area School District teachers vote no to random drug [Last Updated On: May 24th, 2014] [Originally Added On: May 24th, 2014]
- The Fourth Amendment Rights - Video [Last Updated On: May 24th, 2014] [Originally Added On: May 24th, 2014]
- I Don't Care About The Contitution, Take Your Fourth Amendment And Shove It The Hills Hotel - Video [Last Updated On: May 27th, 2014] [Originally Added On: May 27th, 2014]
- Lonestar1776 at Illegal Checkpoint 80 Miles Inside Border - Standing UP & Pushing Back! pt 2/2 - Video [Last Updated On: September 1st, 2014] [Originally Added On: September 1st, 2014]
- Suit charges Daytona Beach's rental inspection program violates civil rights [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- 4th Amendment - Laws.com [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- YOU CAN ARREST ME NOW (cops refuse) - Video [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- The Feds Explain How They Seized The Silk Road Servers [Last Updated On: September 8th, 2014] [Originally Added On: September 8th, 2014]
- Defence asks judge in NYC to toss out bulk of evidence in Silk Road case as illegally obtained [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Volokh Conspiracy: Does obtaining leaked data from a misconfigured website violate the CFAA? [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Family of a mentally ill woman files lawsuit against San Mateo Co. after deadly shooting [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Minnesota Supreme Court upholds airport drug case decision [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Law Talk - Obamacare Rollout; Fourth Amendment, NSA Spying Stop & Frisk DUI Check Points lta041 - Video [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Volokh Conspiracy: The posse comitatus case and changing views of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Guest: Why the privacy of a public employees cellphone matters [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Volokh Conspiracy: Apples dangerous game [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Judge expounds on privacy rights [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Great privacy essay: Fourth Amendment Doctrine in the Era of Total Surveillance [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- The Fourth Amendment By Maison Erdman - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Volokh Conspiracy: When administrative inspections of businesses turn into massive armed police raids [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- The chilling loophole that lets police stop, question and search you for no good reason [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- E.O. 12333: End-Running the Fourth Amendment | The Dissenter [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Fourth Amendment: The History Behind "Unreasonable ... [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Pet Owners Look to Muzzle Police Who Shoot Dogs [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Volokh Conspiracy: A few thoughts on Heien v. North Carolina [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Volokh Conspiracy: Third Circuit on the mosaic theory and Smith v. Maryland [Last Updated On: October 1st, 2014] [Originally Added On: October 1st, 2014]
- Volokh Conspiracy: Third Circuit gives narrow reading to exclusionary rule [Last Updated On: October 2nd, 2014] [Originally Added On: October 2nd, 2014]
- Volokh Conspiracy: Supreme Court takes case on duration of traffic stops [Last Updated On: October 2nd, 2014] [Originally Added On: October 2nd, 2014]
- Search & Seizure, Racial Bias: The American Law Journal on the Philadelphia CNN-News Affiliate WFMZ Monday, October 6 ... [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Argument preview: How many brake lights need to be working on your car? [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- The 'Barney Fife Loophole' to the Fourth Amendment [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Search & Seizure: A New Fourth Amendment for a New Generation? - Promo - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Lubbock Liberty Workshop With Arnold Loewy On The Fourth Amendment - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Ap Government Fourth Amendment Project - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Volokh Conspiracy: Oral argument in Heien v. North Carolina [Last Updated On: October 6th, 2014] [Originally Added On: October 6th, 2014]
- Feds Hacked Silk Road Without a Warrant? Perfectly Legal, Prosecutors Argue [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Supreme Court Starts Term with Fourth Amendment Case [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Feds Say That Even If FBI Hacked The Silk Road, Ulbricht's Rights Weren't Violated [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Argument analysis: A simple answer to a deceptively simple Fourth Amendment question? [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Mass Collection of U.S. Phone Records Violates the Fourth Amendment - Video [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Leggett sides with civil liberties supporters [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Search & Seizure / Car Stops: A 'New' Fourth Amendment for a New Generation? - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Broken Lights And The Fourth Amendment National Constitution Center - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- The Fourth Amendment- The Maininator Period 4 - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Judge nukes Ulbricht's complaint about WARRANTLESS FBI Silk Road server raid [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Montgomery County will not hold immigrants without probable cause -- Gazette.Net [Last Updated On: October 13th, 2014] [Originally Added On: October 13th, 2014]
- Debate: Does Mass Phone Data Collection Violate The 4th Amendment? [Last Updated On: October 15th, 2014] [Originally Added On: October 15th, 2014]
- Does the mass collection of phone records violate the Fourth Amendment? [Last Updated On: October 18th, 2014] [Originally Added On: October 18th, 2014]