NOT FREE TO LEAVE IN A FREE-RANGE PRISON. The WashPost reports; David Lemon-Gray and three friends had just gotten breakfast at a McDonald’s in White Oak on Thursday and walked outside, he said, to take up their daily spot waiting for the landscaping company truck that would take them to their job.
“We weren’t bothering anybody,” Lemon-Gray, 25, said Friday as he described events preceding an encounter with police, captured on video, that continued to reverberate in Montgomery County.
Lemon-Gray said the exchange with police began when a sergeant approached the four African American men and questioned them about loitering. The sergeant was joined in a short time by at least six more officers. One, a white female, used the n-word about 12 minutes after she arrived — which one of Lemon-Gray’s friends captured in part on video and shared to social media Thursday afternoon. The county police department launched an investigation and by Thursday night released the female officer’s body-worn camera footage.
A county police spokesman, Capt. Tom Jordan, said the police response was initiated by an officer who “observed the subjects loitering in an area that McDonald’s had identified as being problematic.”
The union that represents county officers, the Fraternal Order of Police Lodge 35, defended the officer in a statement Friday that said the video showed she did not have ill intent.
The body-camera recording shows one of the men was the first to use the n-word, which was then used later by the officer as an exchange continued.
“A review of the body worn camera footage shows a retort, made without any discriminatory intent, repeating the comment made by a male subject being detained,” the union statement read. The union “and the officer involved do not condone discriminatory language nor do they believe there should be any discriminatory practices in policing.” [MORE]
Words can have any meaning the speakers intend for them to have. Here, we will never know the white cop’s intent. However, we do know that most white people hate Black people. Neely Fuller explains “the reason that most white people hate Black people is because whites are not Black people. If you know this about white people, you need know little else. If you do not know this about white people, virtually all else that you know about them will only confuse you." We also know that most white people participate in the system of racism/white supremacy. So, if you hear a white person say the word nigger then you are probably listening to a racist who intended to use the word as a derogatory term.
Here, the cops have stopped the Black men for trespass, a criminal misdemeanor in MD. To establish said offense the Government must prove that the Black men remained on the private property after having been notified by the owner not to do so. Based on the info provided by the cops to the WashPost it appears that no one at the McDonald’s told the Black men to leave or called the cops for their assistance. As such, there could be no probable cause or reasonable suspicion to detain them.
The subsequent search and frisk for weapons during the trespass stop was also illegal, - if you are believer in so-called 4th Amendment “rights.” In a consensus reality (in which cops also share your belief in the “right to be free from seizures and searches” guaranteed by the Government) 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 that you are involved in the activity. Police may not act on on the basis of an unclear and unparticularized suspicion or a hunch - there must be some specific articulable facts along with reasonable inferences from those facts to justify the intrusion. 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 or put their hands on you (a cursory patdown for weapons). Police may not act on on the basis of an unclear and unparticularized suspicion or a hunch - there must be some specific, actual & articulable facts along with reasonable inferences from those facts to justify the intrusion. No such basis existed here at the McDonald’s for cops to search and frisk the young men for weapons during the trespass stop.
In actual reality race soldiers so frequently abuse their power that no Black motorist, juvenile, adult or professional of any kind—could make a compelling argument that constitutional rights afford Black people any real protection from Government authority and its orderlies. In the context of White American domination there is no innocent Black male, just Black male criminals who have not yet been detected, apprehended or convicted. [MORE]