The Power of the Police
The recent arrest of Harvard Professor Skip Gates has generated an intense debate among the media on the issue of race in this country. When the story first broke the instinctual reaction for some was that this arrest must have been about race. Why else would a black man be arrested in his own home by a white policeman even after his identity had already been established? I am not an African American and in no way can I fully understand the feelings that members of that community must have when hearing about one of their own being arrested for no apparent reason. The whole history of race relations in this country and lopsided confrontations with the police must weigh heavily on their hearts and minds. I in no way wish to minimize their very personal reactions. I believe, however, that there is a more basic and realistic explanation for the arrest of Professor Gates. Police don’t like to lose arguments and they have the authority to end them on their own terms. Notice I used the word “authority” and not the word “right”. A “right” to act in a certain way is different than having the “authority” to act. I am also not making a value judgment on whether the police officer in this case acted appropriately. As of now, Officer Crowley’s story and Professor Gates’ story differs wildly and we only have their words to describe the preceding events. I am only saying that the officer had the authority to end this particular confrontation in this particular way. It may have been unfair, it may have been unnecessary and it may have been wrong but he did have the authority.
In my life I have had the experience of being handcuffed and placed in the back of a police car on two separate occasions. Nothing very serious but both incidents, I believe, provides a personal insight into the mindset of the police. In the first incident I was 18 years old and had gone to a bar to see a friend of mine who was performing. I sat down at the bar and ordered a beer. The bartender served me without asking for my ID and I sat peacefully for the next half an hour without any problems. The police then came in and asked for my License. I made the wrong decision and lied to the police officers. First, I said I didn’t have my license on me and then I lied about my birth date. The police did not believe me and when both of my lies were found out it didn’t make them very happy. I was arrested, handcuffed and placed in the back seat of the police cruiser. They drove me three blocks down the street to the station, placed me behind bars and left me there for almost an hour. I was then given a ticket and sent on my way to walk back to my car. While I was driving home, I was pulled over and given a sobriety test. I had only drank about a half a beer so that was not a problem, but I got the point. The police are the ones in charge and they don’t like to be messed with. They didn’t have to arrest me to give me the ticket and they didn’t have to stop me later to check to see if I was drunk. They chose to do those things because I had treated them with disrespect by lying to them.
The second incident happened when I was pulled over for a simple traffic stop and for some reason my driver’s license did not check out on the computer. I was pretty insistent that I had a valid driver’s license but I plead my case in a very respectful way. Regardless, the police officer told me that I was under arrest for driving without a license and started to put me in handcuffs. I was not very happy and felt that an injustice was being done. Just before the first cuff went on my wrist I tensed up and almost pulled my arm away from the cop. I didn’t do it. I chose the calmer path. But even as the cop was putting me in the back of the car I realized that my life may have changed forever if I had reacted instinctively instead of rationally and resisted arrest. In the end, the cop acceded to my request to run my license one more time and this time it showed up as valid and he released me.
In both of these incidents and in the arrest of Professor Gates the officers were acting fully within their authority. We, as citizens have given them that authority and, like it or not, at some point in time you may come into contact with the police in a confrontational way. From my own experience, a little respect, even if you feel you are on the right side of an argument is more productive than the alternative. If Officer Crowley’s actions were influenced by Professor Gates’ race then the full force of public opinion and the law should come down on him like a ton of bricks. Until we know that for sure, however, we must remember that Officer Crowley had the authority to investigate the reported break in and he had the authority to determine the identity of Professor Gates. He also had the authority to arrest Professor Gates. Professor Gates, had the right to believe that the officer was racist and the right to yell at him all he wanted, especially in his own home. He may, in the future, be vindicated and have these rights upheld in the courts. At that moment, however, the professor had no authority to stop the officer from ending the argument with handcuffs and a ride in a police car.
Udate
Here is a news article that supports my point about the difference between “authority” and “rights” and the police use of power to end arguments.
http://www.huffingtonpost.com/2009/07/29/disorderly-conduct-conver_n_246794.html
