It’s easy to assume racism when watching the video footage of Sandra Bland’s arrest. Admittedly, the first question that entered this writer’s mind when watching it was, “Would a white woman have been treated this way during a routine traffic stop?”
I believe the answer is “yes,” if the white woman committed the cardinal sin Sandra Bland committed. It wasn’t her being black that started the tragic chain of events. It was refusing to follow a police officer’s orders.
At some point between ratification of the Fourth Amendment and the death of Sandra Bland, the entire principle underpinning that constitutional protection has been lost. The Fourth Amendment assumes armed agents of the state can’t be trusted to issue their own orders. That’s why we have warrants in the first place. They are permitted only to enforce the orders of an impartial judge, who authorizes them to apprehend suspects upon the judge’s determination of probable cause.
That’s not to say many or most officers aren’t well-intentioned or trustworthy. But their job is to use force. That role must be separated from the issuance of orders.
Had Sandra Bland been a murder suspect and arresting officer Brian Encinia serving a warrant for her arrest, no one would have questioned Encinia’s conduct in ordering her out of her car. One might even find room to excuse his order to stop smoking, if she were assumed to be someone who had already killed another human being.
But Bland wasn’t a murder suspect. As she quite rationally protested, she was ordered out of her car over a “failure to signal.” She had complied with the traffic stop. I seriously doubt there is a law or ordinance requiring her to stop smoking while being issued a citation f