Terrorism, Black Men, and the Fifth Amendment
Read Time:2 Minute, 41 Second
The late night shift had just begun for the young police officer as he slowly drove his cruiser around the streets of small Maine Township. He was just settling in for another routine night when he caught a glimpse of light through the plate glass window of the hardware store. Slowing down he watched until he saw the light flash inside the store again and his heart started beating so hard he thought it would jump out of his chest. He actually had a burglary in progress.
He keyed his microphone and said, “204 to headquarters, I need backup at the hardware store. Someone is in there with a flashlight.” “I’ll get that.” Came a response from Sergeant Collins. “10 – 4” was the response from head quarters. “Meet me in the alley behind the store,” said the sergeant to the officer, “but don’t take any action til I get there. That place is full of guns and enough ammo to start a war with.” The officer keyed his microphone again, “10 – 4 Sarge.”
As the two police officers pulled up behind the hardware store they saw the door slowly opening. Both of them quickly got out of their cars with their weapons drawn and positioned themselves behind their cars. As the door opened wide they saw a tall thin young looking black man easing out the door with what appeared to be several rifles or shotguns in his arms. When he was clear of the door the sergeant hollered in his loudest, most commanding voice, “Freeze asshole or I blow your damn head off,”
The young black man stopped and dropped the guns and raised his hands. The officers approached with their guns trained on him and the sergeant telling him not to move. The officer immediately put the handcuffs on him and gathered up the rifles from the ground. He then asked the sergeant, “Should I read him his rights now sergeant?” “No, not yet,” said the sergeant. “Why?” asked the officer. “Damn son, haven’t you been keeping up with anything? We’ve got to determine if he is a criminal or a terrorist first. If we read him his rights then he don’t have to tell us anything and we won’t get any information.
The officer look puzzled and said, “Gosh I’m sorry sarge, but I thought that was the purpose of the Miranda rights.” “What?” asked the sergeant? “Well,” explained the officer, “according to the academy instructor, when we take someone into custody they don’t have to give us any information because of the Fifth Amendment.” “Oh, well they must have repealed that cause I heard some Republicans say we needed to know whether these folks were terrorists or criminals before we gave them all those rights.” The young officer’s eyes just got wide and he said “But, but…,” “Don’t argue with me boy, while you are stammering all of America could be at risk. Put him in the trunk of the car while I call the C.I.A.” The officer said, “OK, sarge. Let’s go man; you heard the sergeant.”
Edited from the original published on February 5, 2010. It’s being republished here because it’s timely.
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Screw it. I have tried to post a comment five times.
I won’t know that unless you tell me Bill. I’ve been overwhelmed with SPAM lately and it’s been tough keeping on top of it. Please let me know if it happens again so I can fix it. Thanks.
For the third time….. Just like this one. I wrote Rachael a comment, posted it, and POOF! it was gone.
Just like this one. I wrote Rachael a comment, posted it, and POOF! it was gone.
Test. Trying to get my comment to publish. Trying again: Bill I love this story and like Mike said it’s timely. I also love those comments. It’s clear you and Mike are great friends.
Rachael, I am having the same problems with my comments. I write them, post them, but they them evaporate.
Fourth time! Just like this one. I wrote Rachael a comment, posted it, and POOF! it was gone.
Who’s Miranda? how does she fit in here? 😉
Sorry…I’m being daft…
Great article Bill. It’s very true to say over reacting in the face of terrorism is all too easy and, after all, if we in the west wish to continue our claim of being civilised then surely we must behave in a civilised manner when arresting a suspect shouldn’t we?
We are not civilized by any stretch of the imagination when we have people hungry, homeless, sick, living in poverty, fighting over the crumbs the lords and ladies are leaving out etc etc so on and also too.
Jess you are so right. Check this out:
https://madmikesamerica.com/2015/01/americas-big-white-ghetto/
This is a good article but I don’t know what’s more entertaining the story or the comments. LOL.
LOL LOL LOL! I know that Bill. There is no distraction. It was a great post and I have no doubt that it will be enjoyed by all. I’m just breaking your balls old friend….
That’s so sad you want to leave Bill all ball broken like that. Have you no decency sir?
Mike, for God’s sake I will try to make my musings a bit more perfect constitutionally for you in the future if you wish. You are completely distracting from the point of my post. Of course you may comment as you choose but I was trying to make a point about the idiotic over reach some people are arguing for in the context of the Christmas bombing.
Actually Bill, old friend, you are mistaken. There is no mandate to advise Miranda, which is advising of right to counsel and etc. unless you are going to question the scum bag. Escobedo, although a the companion case to Miranda v. Arizona, does not overwhelm the later SCOTUS ruling which says there is no requirement to advise shit heads of any 5th amendment entitlements unless they are in custody AND they are about to be questioned. Arresting officers have no obligation to advise criminals of their right to counsel unless they are going to question beyond name, rank and serial number…
“the Miranda warning also assures old Thomas the right to an attorney.” Well no shit Bill, but there is still no requirement to remind the dirt bag, terrorist or otherwise, that he has a right to an attorney. Of course, if simply water-boarded, as opposed to Mirandizing he will no doubt provide a lot more useful information as opposed to: “I want a lawyer pig.” Lol
Actually, Mike there is a requirement as per Escobedo v. Illinois which was incorporated into Miranda that anyone taken into custody must be advised of their right to counsel. In old Thomas’ case I guess they could just assume he is a terrorist and send him to Gitmo and never try to get info from him. However, this leads away from the main point of my post Mike. I will try be more precise next time so as not to confuse the constitutional scholars.
I know this is old and I am betting big money you have changed your mind about the uselessness of waterboarding now haven’t you?
Me? Hmmmmm 🙂
Lest we further confuse the general readership Mike, the Miranda warning also assures old Thomas the right to an attorney. But who knows, old Thomas might have recently returned from a visit with a distant relative in NYC who converted to the Nation of Islam and once read of book in the NYC library that was once checked out to a person who sat in the same seat on the NYC subway system as one of the followers of the Mullah in the 1993 World Trade Center bombing.Though Thomas may not know that he will remember with enough water boarding.
Of course, one thing to remember, it is not necessary to “Mirandize” a suspect unless there are two dynamics in place and those are: custody and questioning, together. So, in reality, the officers did not have to Mirandize the suspect in this case provided they didn’t question him beyond name, rank and serial number. Premature Mirandization is a common occurrence and is driven by a lot of LE TV which show police getting overexcited and reading people their rights for every possible circumstance….
P.S. Bill before you have a tizzy I know you know this:-) It was for the edification of the general readership.
LAZER – That’s exactly where abuse of the 5th Amendment would go if we just sit there and let it. All persons arrested on American soil have 5th Amendment rights, no matter what Republicans say, they didn’t complain much when the so-called “Shoe Bomber” was read his rights, tried and convicted in a civilian court. But that was their administration.