Elite white media and their police forces no longer even bother mentioning "the 4th Amendment" and its so-called protections against unreasonable search & seizures [contrast with the 1st & 2nd Amendments]. Anyway, white police chief Papania above said, “The officers acted reasonable with their tactics and adjusted in accordance to their observations as it developed.” “Once they were able to see children in the vehicle, all weapons were holstered and the children were directed to exit the vehicle.” [MORE]
Kelvin Fairley, his wife and four children were pulled over Sunday night after cops apparently received an anonymous 911 call from someone who reported seeing burglars in a home the Fairley's owned. The caller reported seeing "people" with flash lights, because the power was off, and "a person" leaving the home with items in a dark SUV the caller did not recognize. Evidently, the caller gave no other information such as how the break in occurred, or any description of the assailants [except that they were Blacks?].
A white patrol officer in the area saw an SUV and stopped the car, and more officers came to the scene. They asked for everyone in the vehicle to roll down the windows and show their hands, Papania said, then asked them to exit the vehicle one by one, starting with the driver.
That is, when the cop appeared and made the initial stop the 911 calller was not present - the cop just saw an SUV and stopped it. Although, the cop could not point to any particularized facts indicating that a break-in had probably occurred and any observed particularized facts indicating the persons inside the SUV had most likely committed the break-in, he nevertheless stopped the vehicle. At that time the Black family was not free to go because the cop said so.
At this point, the officer had no particularized reason to fear for his safety b/c he saw no weapons, sudden, unusual movements and the driver was in compliance with all orders to stop. On video, the white cop said 'they immediately stopped.' Nevertheless, instead of first obtaining & checking ID [to see a possible match with the ID address & house address], the white cop ordered the Black driver out at gunpoint. Then the cop without any particularized basis ordered the wife out and handcuffed them both. Although, the cops saw no weapons or ammunition in the car and had no reason to believe they were armed, apparently the cops searched them by patting them down and going into their pockets. [have you ever seen the Dylan Roof traffic stop below?]
First a few basics.
In order for the police to stop you the Supreme Court has ruled that police must have reasonable articulable suspicion that there is criminal activity afoot and the person detained is involved in the activity. Police may not act on on the basis of an inchoate and unparticularized suspicion or a hunch - there must be some specific articulable facts along with reasonable inferences from those facts to justify the intrusion. With regard to an anonymous tip, the Supremes have said that apart from the tip the officers must have a reason[s] or facts to suspect an individual of illegal conduct AND police must have predictive information that can be corroborated. [MORE] and [MORE].
In order to frisk you the Supreme Court has ruled that the police must have independent reasonable articulable suspicion that the person is armed and dangerous before they may touch you (a cursory patdown for weapons). Police may not act on on the basis of an inchoate and unparticularized suspicion or a hunch - there must be some specific articulable facts along with reasonable inferences from those facts to justify the intrusion.
Here, the police acted on the basis of an anonymous 911 caller who had no face to face contact with the cops. They had no basis to know whether the caller's information was reliable or credible. Prior to engaging the family, the cops did not talk to anyone else on the scene and did not investigate the home for clues of a break in. In fact the Cops had very little info to try to corroborate in the 1st place; that is, cops had no info about the suspects' height, weight, hairstyle, age, sex, complexion, build, facial hair, etc. or any description of clothing such as shorts, coats, color of clothing, etc. Apparently, also no description of the "SUV" such as make, model, year, condition, color, state or tag number etc. was provided by the "unknown" caller.
From [Wfox] and [HERE] and [HERE] A Black family said police swarmed their car Sunday night, handcuffed the newlywed couple and pulled guns on their children before determining the family lived in the house a neighbor thought was being robbed.
“I totally think they racially profiled me,” said the father, Kelvin Fairley, a registered nurse. “They never would even tell me why they stopped me. From the moment they pulled us over, there were six to seven police cars. They immediately had their guns drawn.”
Fairley said the officers told him to get out of the car with his hands up. He kept asking why they had pulled him over, but he said he got no explanation.
Kelvin Fairley and his family are in town to check out renovations on their Gulfport home.
But after [white] neighbors mistakenly thought someone was trying to burglarize the home, Fairley says a run-in with [white] law enforcement has left the family of five shaken [Black man/white wife/colored kids].
Just a few minutes after leaving the home, they were stopped by Gulfport police officers. Kelvin says that although he repeatedly asked why he was being stopped, he was simply told to be quiet.
He said he offered to show the police his identification, which would have immediately established his address was the same as that of the house reported as being robbed. But the white cops wanted no part of that.
"I turn around say, 'What's this about why did you guys stop me,' said Kelvin. "'Shut the **** and turn around. We ask all the questions.' So at that point, I keep asking of course because my wife and kids are in the car," said Fairley.
That's when police reportedly placed him and his wife Natasha in handcuffs, and held everyone - including his children - at gunpoint.
"I'm watching my 9-year-old daughter bawling her eyes out, saying she wanted her daddy, and sorry....it was rough. It was hard," he added.
"All I wanted him to do was hear me out, and I would have went home, and I would have been okay with that. Wasn't really expecting this to escalate to this point. I just wanted to file a formal complaint. I didn't know I was going to be treated like a piece of trash when I went to the police department," Kelvin said.
Natasha added, "It's supposed to be the other way around; innocent until proven guilty. And that's certainly not how we felt."
The couple has not filed a formal complaint at this time. However, the Gulfport Police Department is aware of the allegations, and issued the following statement on Monday: