Last year, Washington, D.C. police announced a "Safe Homes Initiative," under which police would knock on doors, asking for permission to search houses for illegal guns. The scheme bypassed Fourth Amendment constitutional concerns by putting the searches and seizures in the context of voluntary consent. The police would show up in uniform and rely on their intimidating presence and most people's ignorance of their rights to create a situation in which, more often than not, they'd be waved through the door. The police promised that no arrests would result. "If we come across illegal contraband, we will confiscate it," Police Chief Cathy L. Lanier said. "But amnesty means amnesty. We're trying to get guns and drugs off the street."
But a search is a search, and police assurances ... well, they're probably worth as much as your 401K, right about now.
The Safe Homes Initiative was reined in in after strong public protest, but similar programs are in place in other cities around the country.
Besides, it's not uncommon for police to ask for consent to search a vehicle or luggage on the off chance that people will say "yes." Serious consequences can ensue.
In D.C., the ACLU, Flex Your Rights and ACORN went door to door to advise people that they can refuse entry to the police if there's no warrant. It's good advice since so many people aren't aware that they can just say "no," as you'll see in the video below.
email J.D.: civilliberties (at) tuccille.com
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Comments
We didn't get that knock, but I would have politely refused. No storm troopers are coming in my house w/o a warrant.
It is very intimidating to have cops at your door like that, as you point out. And who knows what they really say to citizens. Glad to hear they will be knocking that off.
I do think people need to be reminded that the 4th Amendment exists. I have been amazed, particularly since I spent some time in E. Texas, at how many people will consent to an unwarranted search of their automobiles, believing that they have nothing to hide. Most of the people I know who have done this are Hispanic, but, then that's mostly who I know in E. Texas. I think they are trying to be cooperative thinking that not doing so will only increase the officers' aggression.
We have some problems where police are attacking, though. They are coming onto private property without warrants, rounding people up, arresting them, hauling them into court - and they are getting convictions! So, there is a complete breakdown of the system in the E. Texas area. Apparently, this is such a long-standing condition here that people have accepted it as a norm!
But, many people really do not know that they have the right to refuse a search, particularly if they are new to this country. I know of three cases - people known to me - who submitted to such searches and were detained and, in one case, arrested. The thing is YOU may be very honest, but the police are not. They plant evidence and they lie.
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