Pubdate: Sun, 05 Mar 2000 Source: St. Petersburg Times (FL) Copyright: 2000 St. Petersburg Times Contact: http://www.sptimes.com/ Forum: http://www.sptimes.com/Interact.html Author: Robyn E. Blumner, SP Times Columnist LETTING POLICE SEARCH WITHOUT SUSPICION ERODES FREEDOMS Had the Street Crimes Unit of the New York City police not made a career of harassing people based on their age, sex and skin color -- aggressively asking them intrusive questions and subjecting them to pat-down searches -- Amadou Diallo would probably be alive today. Only in the vaguest, most unsubstantiated way was Diallo a criminal suspect. He had done nothing to arouse suspicion except that he was a 22-year-old African immigrant outside his Bronx apartment late at night. Police approached him as they have done thousands of his neighbors, asking questions, barking orders. When he turned from them, things escalated and Diallo, pulling out his wallet, was shot to death when the officers mistook it for a gun. But the condemnation that has been raining down on these officers, who were recently acquitted of any charges, should be directed in equal measure to the form of policing that replaces individual guilt with collective intimidation. Individual suspicion is a concept that breathes life into American freedoms. Before police can stop and search someone, they have to be able to point to evidence of his criminality. The Fourth Amendment says to police: "Unless you have something on the guy, don't bother him." Conceptually, at least, this gives us a realm of privacy that the government can't penetrate without a good reason and ostensibly prevents suspicionless searches. The reality is something different. Government officials don't like the inconvenience of having to justify their snooping and have pushed hard to create exceptions to individual suspicion. New York's Street Crimes Unit, for example, exploits a U.S. Supreme Court decision that allows police to stop and frisk people acting suspiciously who they believe might be carrying a weapon. They use the case as a license to scrutinize anyone young, male and black. Worse, in recent years, police have been given even broader powers to harass innocent people. By systematically removing certain types of searches from constitutional protection and by giving the nod to a range of suspicionless searches, the court has laid ruin to our privacy rights. Minority youths may be the greatest victims of arbitrary police intrusions, but we're all susceptible. Entrenchments on American freedoms are always made with the highest of purpose, and approving the use of DUI roadblocks was no different. Ten years ago, in one of its worst genie-out-of-the-bottle decisions, the U.S. Supreme Court allowed their use to combat the scourge of drunk driving. Yes, getting drunks off the road is a worthy goal, but so is virtually all law enforcement. If dragnet seizures are justified to find drunk drivers, then why not to find people with outstanding arrest warrants, unregistered guns in their cars or drug runners? Aren't these concerns also important to public safety? Yup, that's precisely what law enforcement agencies said to themselves, and voila, the drug interdiction roadblock was born. Often set up in inner-city neighborhoods, police systematically stop cars so a drug-sniffing dog can take a whiff. Next term, the Supreme Court will decide their legitimacy in a case out of Indiana. But if the court doesn't nip this in the bud, the car will become a search-at-will zone. Then there are the rhetorical games the courts play by narrowly defining what constitutes a search. Is the specter of police pawing through your garbage a search? Sure looks like one, but it's not according to the courts, because you don't have an expectation of privacy in what you've thrown away. What else looks and feels like a search but isn't in the view of courts? Police hovering over a back yard, looking through windows, reading personal bank and medical records, listening in on cell phone conversations, and police dogs sniffing cars for drugs. In a case currently before the Supreme Court, police say they should be allowed to freely grab and squeeze overhead luggage to try and determine what's inside. The government says "no search here" since passengers on buses expect their packages to be jostled by fellow travelers. Well, our bodies get jostled on buses as well. Does that give police leave to probe there, too? Remember, this is what police can do to people whom they have no reason to believe have done anything wrong. Police with cause to suspect someone's engaging in criminal activity are already free to perform all sorts of searches, with and without a warrant. But victims of roadblocks and "non-searches" don't have to be criminal suspects. No wonder police are considered the enemy in many urban neighborhoods. They've been given the raw power to humiliate. Individual suspicion is the only thing that protects us from being utterly subject to police whim. Without it, we get the kind of lazy, biased police investigation techniques used by four officers to confront an unarmed young man in the Bronx. - --- MAP posted-by: Keith Brilhart