The 4th Amendment Right to be Secure & Other Lies Told to Black Folks: Racist Suspect Texas Cops Troll Ricky Williams

'I Understand Mr. Racist Cop. Bye Now.' Once upon a time in open court, a white judge got angry  & shuddered when a Black lawyer said, 'judge, a temporary protection order is really just a piece of paper. When they are coming through the door what will it do? Nothing.' And so it is also with Blacks and Latinos and their so called 4th Amendment right to be free from unreasonable seizures and searches and right “to be secure" or to move freely without apprehension of oppression as they come and go.  Black & Latino men especially face an omnipresent threat of being stopped by law enforcement without legal cause anytime, anyplace. This system of white supremacy/racism is predicated upon black people's belief in many, many lies. The 4th Amendment is one of them. And the 1st Amendment is another. The Supreme Court has said "an individual's decision to remain in a public place of his choice is as much a part of his liberty as the freedom of movement inside frontiers that is a part of our heritage, or the right to move to whatsoever place one's own inclination may direct." Blah, Blah just words on paper w/no meaningful application to Blacks & Latinos.

To a racist there is no innocent Black or Latino male, just non-white male criminals who have not yet been detected, apprehended or convicted. [MORE] As such, the scene above plays out over & over, everyday with racist suspects and their hyper alert scrutiny of people with melanin (the 911 caller who called the cops on Ricky probably was also white). But don't believe BW, see for yourself. Go drive around for an hour you will see this shit playing out somewhere on the street.  

Ricky Williams appears to know the drill. A Heisman trophy winner, 12-year veteran of the NFL and veteran of illegal police stops he was walking down the street in Tyler, Texas, when racist suspect police seized, interrogated and searched him in the parking lot of his hotel, citing a call about a suspicious person. Williams was visiting Tyler for a banquet, according to local station KLTV. [MORE]

The video from mid-day Jan. 11 shows cops ordering him to stop walking and stand in front of their police cruiser. He was not free to go.

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 inchoate or 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. Here, the cops seem to have had only a vague description of a suspicious, black male. That is the cops had no other corroborating details, such the suspect's height, weight, build, complexion, hair style/length, facial hair, age or what color jacket, shirt, pants or whether the suspect had a hat on, a hoodie etc. He was black and that was good enough to these white public servants.   

The cops say, "where you coming from man?"

Williams - "Just going for a walk"

cop: "Going for a walk?" "You been back here lately?"

Williams: No. Just staying in this hotel.

cop: "Do you have any weapons on ya?"

Williams: No

In general the Supreme Court has said that during a stop an officer may only ask questions concerning the purpose of the stop and ask questions related to the investigation of the stop. But even when unrelated questions are allowed it is unconstitutional for the cop to ask questions which would allow the detainee to give an incriminating answer or answer which would lead directly to a search. Which is exactly what the white cop does here. The cops were not looking for someone with a gun or weapon. According to them they were looking for a thief and that was why they stopped to investigate. 4th Amendment be damned, weapons "yes" or "no" the cops are ready to search. 

The cops then order him to turn around and place his hands behind his back. The cop searches all his pockets in his jacket, pants and the outside of his pants leg, chest and groin area. Another cop standing in front of him, starts with "where are you from?" Then two other white cops show up and he is surrounded by the white cops. The cops take his wallet, hotel key and phone. 

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 inchoate or 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. That is, cops must have some reason that they can articulate by pointing to specific facts that led them to believe the detainee was armed; like they saw a bulge, nervous movement or attempt to conceal etc. None of that shit is present here. The cops are undercover really searching for implements of crime (tools used to steal) and contraband in his pockets, not a weapon, which is unconstitutional under these circumstances - at least with regard to white people who are stopped. 

Williams calmly explains where he was walking, while police repeatedly ask him if he jumped a fence in someone's yard. Another cop takes his identification and apparently is running a check on him in the cruiser. 

Again the cops are unconstitutionally asking him incriminating questions. But how long can cops detain you? The Supreme Court has said "an investigative detention must be temporary and last no longer than necessary to effectuate the purpose of the stop" and also that the investigative methods used should be the least restrictive means reasonably available to verify or dispel the officer's suspicion in a short period of time." The length of the stop must be reasonable under the circumstances. Here, the entire stop is unlawful because it is not supported by probable cause or reasonable articulalble suspicion. So one second with the white cops here was too fucking long. But what to do? 

The cop then says "here's the thing I know more than you think I know. I know that you were in someone's backyard over there." The other white cops start smiling and moving around.

The 5th Amendment is not just for guilty people- it is for everyone. Here, the cop is inviting Williams to incriminate himself in some way. Most times you will have no idea why cops ask whatever they ask. What may seem like a routine or basic question could be a loaded trick question. But here the cop did not actually ask a question - so why bother to respond to a cop's statements? Appellate courts allow police officers to use many forms of deception that are likely to induce even an innocent suspect to confess or make incriminating statements, including outright lies by the police that (1) exaggerate the strength of their case, or (2) minimize the seriousness of the defendant’s situation, or (3) mislead the suspect into believing that his co- operation will lead to immunity or leniency or exoneration. [MORE] Although he does not have to answer the question this is really just official coercion; he is not free to go, surrounded by armed cops and they have taken his keys and ID from him so he feels compelled to comply with their ongoing probe. But, if deputy dog really had enough information to arrest he would have already done so. He is really just asking Williams to give him evidence. 

The cop - "somebody said you were in their backyard, blah blah blah." Williams says "someone saw a black person and got suspicious?' "Why would I be in someone's backyard?" asks Williams.

The cop says "You tell me." And so on. Nearly five minutes into the clip released by police, Williams starts to become upset and an off-camera officer says he's acting "defensive."

And that seems to be the point of the stop, search and interrogation; to provoke Williams into some shit - bring the nigger out. Like falling out of a tree, there can be no set plans to deal with a maniac cop except to maintain awareness. Anything else, such as acting like a robot or trying to recall some magic legal phrase could get you killed. Look at those boys - they look like they came to make a U-tube police video with a black man. The 4th Amendment is just a piece of a paper on the street - it is enforceable only in courtrooms mostly by white judges if they are so inclined & only sometimes or randomly for Black folks. Justice is the opposite of white supremacy. 

Williams responds that being stopped by police for no reason is something that happens all the time.  He says "do you know how many times I've been stopped by the cops for being black?" Williams says in the video.  The defensive officers responded that race has nothing to do with this situation, but Williams implies the racial issue is about more than this one situation.  "I'm just saying you haven't lived my life," Williams says. "You don't know what I've been through." Williams seems to have become aware that he was getting upset and settles in. 

Then the cops ask for his social security number.

Since Williams did not 'Kirk out' this is a last ditch attempt to arrest Williams. Although the cop has no reason to believe that an unrelated arrest warrant exists or that Williams has engaged in any other criminal activity Courts have upheld this police state tactic so long as the records check does not significantly extended the period of detention. The stop finally concludes when Williams does not take their bait and the bored cops go about their business of looking for someone else to fuck with. 

A statement from the Tyler police to KLTV said Williams was not arrested.

"Around 4 p.m. officers located a subject matching the description provided by the caller just north of the Courtyard Marriott. Officers conducted a short investigation in reference to the suspicious person call. During the course of the interview, officers identified the individual as Ricky Williams. After obtaining all of the necessary information officers completed the contact with Mr. Williams. 

No further action was taken by officers." Thanks master. No action will be taken against the officers.