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THREAD: What if I told you that almost everything Off'r Gutierrez did in his interaction with Lt. Nazario finds at least some justification in the law? This is what we need to be talking about right now, because if we don’t, nothing will change.
1/16
1/16
People want the simple fix: training, bodycams, “bad apples”/duty to intervene,etc. That’s also what police & the tough on crime crowd want you to focus on. Just don’t take away their power! Yet it’s their power—and acquiescence by courts & policymakers—that’s the problem
2/16
2/16
We’ve given police too much to do. And we’ve given them too much authority to do it. That’s how you end up with Lt. Nazario “lawfully” stopped, “lawfully” ordered out of his vehicle, and “lawfully” subjected to force when he “failed to comply.” Let’s flesh that out…
3/16
3/16
Whren v. U.S. held that the subjective reasons for a traffic stop are irrelevant. Cops can literally stop motorists because they are Black, so long as they come up with a good enough cover story (i.e. any of the thousands of traffic infractions in the Code).
4/16
4/16
Mimms v. Pa. held that traffic encounters are “inherently dangerous” for cops (yes, really) and occupants of a vehicle can therefore be ordered to exit, even if the officers do not have any specific reason to believe they represent a threat.
5/16
5/16
Harris v. Commonwealth, among many other cases, held that “suspects” who do not comply with lawful orders during a traffic stop may be compelled to do so at gunpoint.
6/16
6/16
In fact, pulling a gun on someone doesn’t even turn a traffic stop into a “custodial arrest” for 4th Amendment purposes. That’s right, a cop can genuinely put a driver’s life in jeopardy and STILL not trigger the full protection of the 4th Amendment.
7/16
7/16
Gutierrez talking like a homicidal a-hole? The law doesn’t have a great deal to say about that. But meaningful legal redress is often unavailable in these situations unless the person suffers actual damages. Practically speaking, no damages in Va. usually means no lawsuit.
8/16
8/16
There’s the option of an Internal Affairs complaint, I suppose, which might end up in the officer’s file—a file that no one in Virginia can access, because police personnel files aren’t available to the public (or even to defendants in criminal cases)
9/16
9/16
The pepper spray also *might* give the cop's attorney pause. But maybe not. Again, Gutierrez made “lawful” commands following a “lawful” stop, and Nazario “didn’t comply.” And there's still the problem of damages.
10/16
10/16
I’m sure it’s possible to quibble with parts of my analysis, and yes, I know Nazario is suing for $1 million (I wish him the best of luck). But the overall point remains...
11/16
11/16
Cops can get away with many things that the general public would find completely outrageous if they were paying attention. And they can get away with them because the law allows them to.
12/16
12/16
Why do you think Windsor Police haven’t settled the lawsuit? Why did they wait for media attention to fire Gutierrez? Probably because they think he barely did anything wrong. Probably because they know they trained him to do most of it.
13/16
13/16
The Windsor Police aren’t an anomaly. Cops are trained to know the line between lawful & unlawful conduct, then come as close to the line as possible without stepping over it. That line is WELL beyond where it ought to be. True reform requires erasing it and starting over.
14/16
14/16
So that’s part of what we mean by "give police less to do/less power to do it." Stop using traffic laws as an investigative tool. End pretextual policing. Reanimate the 4th Amd & let Black people go about their lives w/o being subject to the racist whims of law enforcement
15/16
15/16
Last year @JusticeFwdVa prioritized eliminating pretexts for police stops & succeeded—bills carried by @HopeforVirginia @SenLouiseLucas were enacted 3/1. Don’t fall for glossed over “police reforms” we know don’t work. Reformers nationwide reach out, we’re here to help.
16/16
16/16
