When Chickens Come Knocking

It’s been a slow week in the Emerald City. No off-duty police officers have shot anyone. No plain-clothes County Cops have beat up bicyclists our Seattle Police had dibs on. So I’d like to take this time to breathe deeply and to reflect on a general trend I see establishing itself here.

I think what epitomizes the trend is the Supreme Court decision last month which excluded the exclusionary rule from the ways civil libertarians could hope to enforce the knock-and-announce rule.

Just a little more than a decade earlier a differently constituted Supreme Court told us that our Founding Fathers, writing the 4th Amendment, considered the common law principle that the police knock and announce themselves before breaking into your home a key ingredient of a reasonable search.

Not that they didn’t have other ways in mind that searches should be reasonable. Madison may have been the anonymous author of a tract railing against searches that required house owners to say Please and Thank You. Ben Franklin is believed to have thought searches dressed in clown or chicken costumes were unreasonable. Tom Paine more than likely thought it was unreasonable to search for intangibles, like the color purple, shrugs and sighs, affection, etc.

But not knocking and letting the people inside know you were the police was considered by our Founding Fathers the height of unreasonable. Why do I know that? Because it IS the height of unreasonable! It was unreasonable in the Middle Ages, it was unreasonable in 1776, it’s unreasonable now!

If they don’t let me know that they are the police, how do I know criminals aren’t invading my house? How do I know the people breaking in aren’t going to rape my kids and then kill them and kill me for being a witness? I’ll tell you how I know that. I know that ‘cause I’m going to use my Second Amendment guaranteed arms to shoot them all when they come in. Hey, even if they say they’re police, if they don’t show me badges and a warrant, maybe I should shoot them anyway. How do I know they aren’t lying?

The point is, knock-and-announce, and warrants, and badges, and uniforms, are all reasonable because without them the police are indistinguishable from a criminal mob, AND PEOPLE HAVE THE RIGHT TO DEFEND THEMSELVES.

I really think the average American, and I’m including Supreme Court justices in the average for the purposes of this sentence, don’t understand these principles because they’ve all been too privileged and too empowered and too ensconced in a majority of their own mental making to even imagine what it’s like to have total strangers, dressed in chicken suits, breaking into your home without warning, pointing guns at you, and screaming in your and your family’s faces. Hint: it looks just like terrorism, when it happens to you without cause. And it does happen without cause often enough to be safeguarded against. The Founding Fathers safeguarded against it with a mass insurrection.

We could safeguard against it by applying the exclusionary rule against evidence procured by unreasonable means, but the Supreme Court just complicated all our lives by preventing that. Thank you Supreme Court! We are now all officially living in interesting times!

Anyway, the trend is: you never know who’s going to beat you up under the color of authority next. They don’t have to tell you they’re coming in. They don’t have to be wearing uniforms to demand that you bend your knees to them. They only have to say, “You’re under arrest,” and that is supposed to justify any force they use, and constitute proof that they are entitled to use it.

And, who needs a secret police when you’ve got a whole army of off-duty cops to do the work of one?

And, what good is a democratic society if any clown in a chicken suit, or whatever, riding a motorcycle, or not, can shoot a bystander at 2am and get away with it because they happen to be cops 9am-5pm?