Prince William County Police Department: Violating Constitutional Rights With Impunity
BY Herschel Smith
In our discussions about fisking your local Sheriff and his deputies for their views of your rights, especially in the context of working towards constitutional Sheriffs who will prevent agents of the state and federal government from infringing on gun rights, it’s been easy to overlook a very important aspect of your local AO.
In a lot of urban and suburban areas, it’s commonplace to have separated law enforcement duties and authority between the Sheriff and a city or county/city police department. The Sheriff, under this framework, is responsible for serving warrants, security of the court, juries and the jail system. The police department is responsible for law enforcement in all other areas.
The pretext for this separation, which likely happened either from a state referendum or a change to state laws, is that the Sheriff, who is an elected officer, can then use his status to show favoritism to those who donated to his campaign, who are his friends, and family. Conversely, he can punish his enemies.
True enough, this has happened on too many occasions in American history, and where this has been done, the Sheriffs have themselves to blame for it, at least in part. But this also removes the highest elected law enforcement official from public review and voter approval. The other side of the sword cuts deep.
I assumed that this is the way Prince William County law enforcement works, since these are police officers, not deputies.
This is a remarkable video, made even more so by the fact that they knew they were being videoed and were still as abusive as they are. To begin with, photography isn’t a crime, and these officers know it.
They repeatedly make the claim that “we need you … ” normally ending in something like identify yourself. But the fact of the matter is that no one talks the law or rights. They don’t really need anything of the sort, they just want to fill out the right paperwork and put another name on a watch list.
They also repeatedly ask his “intent and purpose” with said videography. Again, that’s not important and isn’t any of their business. They have no constitutional right to know this information. They place this in the category of “suspicious activity,” but suspicious activity isn’t a crime. His detention wasn’t a legal “Terry Stop,” and the police officers greatly add to their problem later in the video.
When he was asked to remove his face cover, the videographer smartly asked them what they would do if he was a Muslim wearing head/face cover and it was his religious beliefs. They clearly state that they wouldn’t be able to force him to obey the order, and this is highly problematic because this means they won’t apply the law equally to everyone. The law is either constitutional or it’s not – regardless of religious views.
They further demand his DOB, which again isn’t based on any real need to know that information outside of putting him on a watch list. Then they ridiculously claim that he’s “disturbing the peace” since everyone is now watching him, that fact being based solely on the fact that the police stopped him. The police were the ones disturbing the peace, not him.
The legal problems this police department presents for itself are overwhelming, and if this individual has the money to pursue it, they are in for a legal fight. Finally, when the individual demands their identification, they claim they are under no obligation to supply that because “we’re law enforcement.”
The arrogance and haughtiness would be staggering if it weren’t for the fact that it is ubiquitous. I almost know what to expect these days when I view these videos.
The contact information for the department is: policedept@pwcgov.org.
The contact information for the chief of police is: bbarnard@pwcgov.org.