By Mitra Ebadolahi

Film the borders, film them all

 

These days, a lot is being said about police accountability. In the wake of terrible tragedies like Michael Brown’s senseless killing, a national conversation has re-ignited around such themes as the right to observe and record law enforcement activity.

Five years ago, Anastasio Hernandez-Rojas, a 42-year-old Mexican immigrant and father of five U.S.-citizen children, was brutally beaten and Tased by federal border officers near the San Ysidro port of entry. He died shortly thereafter.

Hernandez-Rojas’s senseless death was not an isolated case. Indeed, according to the ACLU’s Regional Center for Border Rights, at least 35 people have died since January 2010 as a result of U.S. Customs & Border Protection officials’ lethal use of force, including 16 U.S. citizens. Critically, however, eyewitnesses managed to capture Hernandez-Rojas’s brutal beating on video—and that has made all the difference as advocates have pressed for justice in his case.

Many of us have watched local police officers and federal officials perpetuate needless violence in our communities and experienced a sickening “Groundhog Day”-like déjà vu sensation. We have wondered what we can do to powerfully assert our core civil rights and defend against the erosion of human dignity. We have come to understand the terrible truth that, without mechanisms for the immediate and indisputable tracking of law enforcement misconduct, the most vulnerable among us will continue to suffer unconstitutional and inhumane mistreatment at the hands of certain public officials.

Great news: this week, the ACLU of California launches the Mobile Justice CA app, which is designed to help track and record law enforcement misconduct. The app includes Know Your Rights primers to help you understand your rights when encountering law enforcement officials, whether local, state, or federal. For example, the First Amendment protects your right to take photographs or video of police officers from a safe distance if you’re a bystander to a police-civilian encounter. The app also allows you to send video to the ACLU of California even if law enforcement officials try to confiscate or destroy your smartphone.

By downloading and using the Mobile Justice CA app, you are giving yourself one more tool in the fight against government misconduct. That can make all the difference in the world for would-be victims of police violence, and over time, can help our communities feel more empowered and safe.

Mitra Ebadolahi is ACLU Border Litigation Project staff attorney. Follow ACLU_SoCal

Date

Saturday, May 2, 2015 - 1:30pm

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By Griffith Fuller, Jr.

My instinct is to film...especially when alone. As soon as the officer got out of his car, I pulled out my phone and hit record.

At times during my childhood in the ‘90s, I moved between two distinct communities—one with the sound of gunshots and police helicopters circling overhead in South Central Los Angeles, the other in the quieter confines of Westchester where I was bussed to school. There I was surrounded by friends who were black, white, Asian, Latino, Muslim, Jewish, Armenian—a great variety of colors and cultures. We sang Michael Jackson’s “Heal the World” at school assemblies, and inspirational posters featuring photos of ethnic diversity hung in our classrooms proclaiming, “One Race. The Human Race.”

In Westchester we were taught to believe in these messages because diversity was reflected in that community. There we were groomed to be colorblind, to ignore people’s hues and to see them only by their character.

But in my South Central neighborhood, we lived a different reality. As soon as I was of age, the world stopped seeming so colorblind. Now, as a black male adult, I have become a “threat” in the public eye.

Griffith Fuller, Jr. Photo by Daniel A. McKee

 


One night last November, I was walking on my way to visit a friend in West Hollywood. At an intersection before his apartment, a couple ahead of me crossed successfully. I followed behind. But before I reached the other side of the street, a Los Angeles County Sheriff’s deputy flashed a bright light and signaled me to stop.

He swooped around and pulled up. I’ve been harassed by law enforcement so many times in my life that my instinct is to film any interactions I have with them, especially when alone. So, as soon as the officer got out of his car, I pulled out my phone and hit record.

The officer asked for my identification. I asked him why he stopped me and why I needed to show him my ID.

He refused to answer, and instead grabbed me and slammed me against his vehicle. I placed my phone on the hood of his car before he cuffed my hands tightly and frisked me aggressively. Then he put me in his car while he stood outside and searched through my wallet. He found nothing.

Several curious pedestrians passed by but continued on their way. From the back seat, I called out for help, hoping they would stop and film. But the officer rolled up the window. I didn’t feel safe in his custody.

He then picked up my phone, which was still recording, and deleted the video from the “Camera Roll” folder as well as the copy in the backup “Recently Deleted” folder. The deputy was apparently familiar with the model of my phone and automatically knew to go into that folder to erase evidence of our encounter.

After the deputy re-entered the car, I told him that a friend had warned me of police targeting people of color in the neighborhood. He said that I should have listened and not gone out in public. After almost a half hour in custody, I was released with an expensive jaywalking ticket. I was shaken but relieved to walk away alive.

Whenever I talked about being mistreated because of my skin color, I was often told that I was being “oversensitive” or “looking for racism where it doesn’t exist.” But I had grown up with other people of color whose experiences were very similar. The painful reality is that the world judges me by my skin color and on that basis alone. I wasn’t imagining it. It wasn’t “all in my head.” These were real experiences.

They are as real as police stopping me for no probable cause and giving me the lame excuse that I fit the description of a burglary suspect. As real as seeing white people cross the street when they see me approaching with my dark skin. As real as hearing car locks snap shut when I walk by, or seeing salespeople follow me in stores, all the while asking: “Do you need any help?”

The truth is that black people in this country live in a completely different reality than others. Whether you’re a black person with the political leanings of Clarence Thomas or Cornel West, you are being judged by the color of your skin. Black encounters with racial prejudice transcend political party and socio-economic class. It is largely a shared experience of repression. And state-sponsored violence is at its core.

When I was a child in the D.A.R.E. program, police officers told us that they were there to protect and serve us. But even as a child, I saw and understood what they did to Rodney King. And I saw how the people rioted after a nearly all-white jury found the cops who beat King not guilty.

The plethora of video footage that has surfaced in the last year has given the public a more accessible view of what blacks experience. And the conversation has undeniably changed. More and more people are starting to understand the significance of #BlackLivesMatter. But how many videos have been deliberately deleted or held back from public view out of fear? How many black lives have been lost off camera in police custody?

Technology is only a tool, but for me it is my protection against police abuse, particularly when there are no witnesses around. The only potential witness that night in West Hollywood was a woman waiting at a nearby bus stop. The deputy ordered her to leave. Unfortunately, I didn’t have the video of my arrest backed up to the cloud.

As the deputy went through my phone, I told him at least three times that he was breaking the law and violating a Supreme Court ruling that declared it illegal for an officer to search through a person’s phone without a warrant. He laughed and blurted, “It’s your word against mine.”

I was infuriated. But sadly, the reality is that he was right. Truly, how much does the word of a black man weigh in America?

Griffith Fuller, Jr. is a writer and activist from Southern California.

Date

Friday, May 1, 2015 - 4:45pm

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Another man was dead, another man who could not challenge the police report on how he died. The official report in this case said North Charleston, S.C. Police Officer Michael T. Slager shot and killed Walter Scott, an unarmed black man, after Scott attempted to take the officer's Taser and use it on him.

But a bystander's video captured the deeply disturbing incident and showed that report to be a blatant fabrication. The whole world has now seen Slager firing eight times at Scott's back after he began running away. Slager has been charged with murder, but his false story would have gone unchallenged had it not been for the video.

Video images have clearly become a powerful tool in documenting encounters between the public and police. The ACLU of California wants to make it more likely that even more individuals will use their phones to record those incidents, enabling the public to hold officers accountable when they cross the line.

That's why the ACLU of California is proud to announce the release of Mobile Justice CA, a new smartphone app that allows users to effectively record law enforcement officers. Once the phone stops recording, the app quickly uploads a copy of the video to the local ACLU office. So it doesn't matter what the officer or anyone does with the phone or to the recording on the phone because the video will already have been transmitted.

The ACLU wants law enforcement to know that the whole world could be watching, just as it was at the Democratic National Convention in 1968. Demonstrators there repeatedly chanted, "The whole world is watching," as Chicago police brutally broke up their protest. The whole world could watch because there was video of police beating demonstrators with clubs and spraying them with gas.

Image courtesy Lalo Alcaraz. ©2015 Lalo Alcaraz / Universal Uclick Image courtesy Lalo Alcaraz. ©2015 Lalo Alcaraz / Universal Uclick

 


Chicago became the moment when that chant was seared into the national consciousness. Since then it has become a rallying cry for demonstrators, including those protesting growing economic inequality at Occupy Wall Street in 2011. Students at the University of California at Davis, demonstrating in support of the Occupy movement, also took up the chant as police wantonly pepper sprayed a line of seated, peaceful demonstrators.

The chant is intended to shame and change those who would abuse their power with the threat that their actions will be exposed and judged. Of course, this isn't always true. Though millions watched the scenes from outside the convention hall on television, Chicago police escaped any consequences for what has been called a "police riot." But those television images left an indelible imprint on those who saw the footage.

The world has changed a lot since then. The pool of available images has been expanded exponentially beyond what television cameras capture to those recorded on cell phones and disseminated immediately and vividly on social media. The video of the UC Davis pepper spraying quickly went viral and sparked criticism and outrage around the globe. Thanks to the video, the University of California paid out nearly $1 million in damages to the students who were sprayed, and the officer lost his job.
Mobile Justice CA comes at a time when the public is demanding increased transparency and accountability. But law enforcement has been slow to respond. While transparency and accountability are not guaranteed, some departments have begun to equip their officers with body cameras. This reform promises to bring greater clarity to controversial encounters that often end with the only person who can dispute officers' accounts dead.

But body cameras are only one tool, and some departments seem intent on using them in ways that don't further accountability and transparency. Los Angeles police officers wearing body cameras were among those who fatally shot a man on skid row in March. The department has refused to release the video, saying it will release it only when it is part of a criminal or civil case. Some police groups have recommended legislation that would exempt all police body camera footage from public records requests -- even footage of police shootings.

Likewise, departments that give officers wide discretion to decide when to record or fail to provide sanctions for not using the cameras frustrate the cameras' purpose. Last year an Albuquerque, N.M. police officer shot Mary Hawkes, an unarmed 19-year-old, in the back and killed her. Though equipped with a body camera, the officer didn't turn his camera on and record the shooting. He was later disciplined for failing to use his camera, but only after he had failed to turn it on five different times.

The ACLU's Mobile Justice CA app puts the power to ensure transparency in the hands of the people. With so many people carrying cell phones with cameras, the whole world could be watching with just a touch of the phone's screen.

And that simple touch could be what makes the difference in holding law enforcement accountable. Police body cams may prove to be effective tools in curbing police abuse. But bystanders' cameras can be more powerful. Those images are not subject to police control, and like the Scott shooting, the footage they capture is immediately available for the whole world to see.

Hector Villagra is executive director at the ACLU of Southern California. Follow @ACLU_SoCal.
 

Date

Friday, May 1, 2015 - 4:15pm

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