Professor John Gross recently wrote an op-ed for AL.com that Americans should know their constitutional rights when dealing with police officers.
Earlier this week, in response to a noise complaint, members of the Tuscaloosa Police Department forced their way into an apartment, dragged three University of Alabama students out and then proceeded to use a Taser and batons on at least one of the students.
Despite the fact that the Chief of the Tuscaloosa Police Department, Steve Anderson, called the incident a “black eye” for his department and the city, many people expressed the view that if the students had acted differently, then the incident would never have occurred. The argument they make is that if someone fails to cooperate with a police officer, if they disrespect authority, then they have no right to complain when that officer decides to use force against them.
While this argument might appear reasonable, it fails to take into consideration rights guaranteed by the Constitution, rights which are necessary for the maintenance of a free and democratic society.
Our First Amendment right to freedom of speech allows us to be critical of police officers. Our Fourth Amendment right to be free from unreasonable searches and seizures permits us to exclude police officers from our homes. Our Fifth Amendment right to remain silent means that we don’t have to talk to police officers.
For more, read “Know Your Rights When Dealing with Police Officers.”