Days Black People Not Re-Enslaved By Trump

Saturday, June 26, 2010

It's the 4th Amendment Stupid

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


-4th Amendment to the US Constitution


Heather Mac Donald, the local "expert" on black crime is apparently out turning tricks for the NYT today. I know that's harsh but I have such little respect for this woman, who I say she is whoring for attention and the NYT is her latest john. I've dealt with Ms. MacDonald before So I'll leave it to the reader to go there and see why I am so harsh on this woman. However; in this case I must point out the obvious flaw in Mac Donald's argument.

Nowhere in her opinion piece for the NYT does Heather Mac Donald even discuss that most of the people stopped and frisked by the NYPD have done nothing to warrant being stopped and therefore their 4th Amendment rights are being violated. Often multiple times. They are simply black (or brown) and often making "other" kinds of behavior that allegedly constitutes probable cause. No, to mention that would be to inconvenient for Mac Donald's argument about "where crime is".

I suppose Heather Mac Donald comes to use via a time machine where she thinks Dred Scott is still in effect. Well at least legally. I'm sorry to break it to Heather but the NYPD's Stop and harass policy is unconstitutional and unfortunately the so called leadership of NYS and NYC are afraid to call it what it is and stop it.

I suppose it doesn't bother Heather Mac Donald that 95+% of the people stopped have not only not done anything, were not in the process of committing a crime and shockingly had no weapons or other contraband on them at the time of harassment. It's stuff like that which got the state of New Jersey in trouble. Essentially you cannot claim "this is where crime happens" as an excuse to end run the 4th Amendment.

So the next time Heather Mac Donald gets to writing about black crime, someone ought to remind her of that little document called the U.S. Constitution.