There are numerous industries and professions where sobriety is essential; medical, police, heavy equipment operators and public transportation operators, just to name a few.
I don’t want my heart surgeon operating on me after an alcohol bender, nor if he was up ’til 5 am blazing ’em. The same goes for my bus driver!
While I agree there are many problems with workplace drug testing, at the bottom line is the fact that public safety trumps individual rights. Our Founding Fathers never indicated anywhere in The Constitution or the Bill of Rights that we have a right to endanger one another absent lawful reason.
That does not imply that EVERYONE’S Civil Liberties should be limited because of a need for limitation of the rights of a few.
Having said that, doctors and lawyers are perfectly within their right to drink alcohol at the current time, but that right to drink is invalidated if a scalpel touches my skin while the doc is under the influence. That right is invalidated if my attorney provides me ineffective counsel while under the influence.
Which brings up “under the influence” of marijuana. One of the most crucial steps in doing this correctly is to determine what that is. They have established “legal limits” for alcohol, we need to do the same for marijuana. We also need to consider that a “legal limit” for the purpose of a DUI may not be a safe limit for a surgeon, or a cop, or a millwright, or a crane operator.
There are many facets to the issue, but there were many facets to the end of alcohol prohibition. Essentially, after the 21st Amendment was passed things were just kinda played by ear until laws could catch up, but nobody got jailed or shot and killed for drinking a beer.
To me it just makes sense to follow that example. It worked out for us fairly quickly. Sure, there were some bumps in the road, and we will encounter those same bumps along the way with this process. We leveled the road once before and restored sanity to the Nation for a while. We can do that again. We already have the guidelines in the repeal of Alcohol Prohibition and the resulting Federal and State Laws. Prohibition needs to end, no doubt. History has proven time and time again that Prohibition does not work. Peter Christ, co-founder of Law Enforcement Against Prohibition (LEAP) has a great analysis of it. He asks the question “Do you know what the very first Prohibition was?” Then he answers, “but of the tree of the knowledge of good and evil you shall not eat, for in the day that you eat of it you shall surely die“. Why did Adam and Eve err? Because God gave them (us) “free will” and Prohibition simply doesn’t work.”
If God couldn’t keep us from bucking His Prohibition, what makes the government think they can do a better job than He?
As I like to say, “Folks gonna do what folks gonna do”, but we need to keep in mind during this process, that we are ALL ultimately responsible for each other’s safety.
“Momma, the King’s Rules don’t apply to the King’s Men“. I heard these words from my youngest sister this morning and they stopped me in my tracks.
Sis came over from Statesboro yesterday evening and spent the night. We’re canning some fruit today. We were having coffee and talking about various issues. She was telling my wife a “tale” from my youth.
Seems a young, 19-year-old Alabama State Trooper Cadet was on a “ride along” with a seasoned Trooper and was seen speeding by his mother. Later she jokingly chastised him about it, to which he replied “Momma, the King’s Rules don’t apply to the King’s Men”.
That State Trooper Cadet was me. Now, this was in the late fall of 1970. I was a little over a year out of high school. I was young and dumb. Where would I have gotten that idea, except from the Police Culture I had entered? The odd thing is, I have no recollection of making that statement.
In 1971 I left the State Trooper Academy (a 52-week course at that time) and joined the Air Force. Service to my country had become an important issue for me, and my lifestyle, unfettered from my father’s rule, was such that my academic work was faltering.
After 20 years in the Air Force, I returned to Law Enforcement through appointment as a Deputy Sheriff in Georgia. During the time I “rode patrol” I drove pretty much like I wanted to. After all, who’s gonna stop me? I was the “law”.
I remember “dayroom” banter during shift changes where there was talk of how we were “the biggest gang in the nation”. I remember buying into that attitude.
I’ve never claimed that I was some upright angel during my law enforcement years. As I look back I see some things I’m not proud of, but hindsight is 20/20. I also see this:
The Police Culture breeds a Us vs.Them attitude. It is full of huge egos and sycophants. It empowers the attitude of “I can do whatever I want to because I am the law“. Therein lies my bitch!
A police officer is not “the law”. That officer is an enforcer of the law, a protector of the law, and the law of these United States is based on the Constitution and Bill of Rights. Therefore, an officer’s first frame of reference should be those hallowed documents and ethical conduct in regard to them.
The Police Culture will never go away. Cultures are an inevitable outcome of society. NASCAR culture, Sports Culture, Fitness Culture, Weed culture, Fishing culture, Hunting Culture …… on and on. The Police Culture, however, can have a change of attitude.
So to all you Police Officers out there who “get it” and do your level best to stay on the righteous path, thank you. To the others, whose attitude puts them above the law, please take a good hard look at yourselves.
Here’s an every day example. One early morning, about 7 a.m. I was taking it easy, getting ready for shift change. At that time we were working 12 hour shifts, from 8 to 8. I was on the Eastbound side of I-16 sitting on the on-ramp at Ga 26. I had my radar turned on, more as a means of staying awake than an interest in stopping someone. When a vehicle is closing on a radar unit, the unit emits a tone. The faster the closing rate (speed) the higher the pitch of the tone. Suddenly, the unit emitted a screech. I looked up and saw 113 on the display, then quickly looked at the Westbound lane. It was the State Patrol. I leaned back and continued to check the inside of my eyelids. Suddenly, there’s another screeching tone. This time it’s 116 and, once again, it was a Trooper. To make a long story short, I clocked numerous Troopers that morning in excess of 100 mph. Turns out there was some big mandatory training deal for them in Forsyth at GPSTC. I guess they didn’t want to arrive late. That’s an offense that would get YOU a ticket, a sizable fine, and points on your license in most jurisdictions.
I still see Georgia State Troopers, Deputy Sheriffs and Municipal Police flying down the road, exceeding the speed limit in excess of 15 mph, no emergency equipment activated. There’s even a term for it in Georgia Police Culture; TrooperSpeed. They, however, are The King’s Men.
Much has been written about the Killing of David Hooks in Laurens County, Georgia. Search David’s name and you’ll discover an abundant amount of information, yet this blatant violation of a man’s Civil Rights has not been reported by any National Media outlet. David was killed in his home by Georgia law enforcement, just as Kathryn Johnson was. That tragic story was covered by CNN, FOX, CBS, everyone. Silence for David Hooks however.
If you Google David Hooks Dublin (or just click the pic) you will find HUNDREDS of links to commentary on this story, by everyone except CNN.
Some have speculated that it’s because David was white. Maybe there’s something to that. Apparently the killing of a middle class, white businessman in his own home isn’t as newsworthy as Kathryn Johnson or Freddie Gray. Maybe the peaceful means by which the supporters of Justice for David Hooks have tried to obtain a response from the “powers that be” aren’t the way to go. Maybe the only thing that gets the attention of those in authority or the national media these days is violence or the threat of violence.
It’s sad that peaceful means haven’t worked so far in David’s case, but I do not and will never advocate riots, which imply looting, destruction of both private and public property, and the risk of death to many. Instead, I recommend remedies allowed us by the Constitutions of both the United States and Georgia.
In that regard, I offer this:
A CASE FOR GEORGIA, A CASE FOR AMERICA
The Killing of David Hooks
The 15th of June, 2015 is the 800th Anniversary of the signing of Magna Carta, one of the primary documents used by our Founding Fathers as the basis for our Constitution and Bill of Rights.
All media outlets are invited and encouraged to attend this event, as is every concerned citizen. Among the speakers will be Elder Charles Sumblin, a long time Civil Rights Activist; Former Police Chief and Judge Paul Nally; Candidate for U.S. Senate Derrick Grayson; and Catherine Bernard, Founder of Spartacus Legal Foundation.
This is not a group of lunatics, presenting some half-baked theory. We are not rioting as in Baltimore and Ferguson. We are not burning and looting. We are a coalition of former law enforcement officers, former military personnel, attorneys and interns, candidates for public office, old Freedom Fighters and Wounded Warriors, republicans, democrats, black, white, young, old, from every social strata. We have gathered signatures for this petition from all over the United States. We have the expertise, experience and just plain ol’ common sense to call this what it is and ask for an accounting.
Too often our police have just been “given passes” by Grand Juries, mostly because of the way a State’s Prosecutor (DA, ADA, etc.) presents the case, but also because of the Grand Jury’s ignorance of their awesome duty, or their lack of understanding the powers they have to perform that duty. The Grand Jury normally “stops” investigating when the prosecutor “stops” presenting. The Grand Jury has much more power than that. Indeed, they have a DUTY to demand any information they may think pertinent to a presentment.
**************************** Grand Jury Oath of Office *******************************
“You, as foreperson [or member] of the grand jury for the county of _____________________, shall diligently inquire and true presentment make of all such matters and things as shall be given you in the court’s charge or shall come to your knowledge touching the present service; and you shall keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law in this State. You shall present no one from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof, but you shall present all things truly and as they come to your knowledge. So help you God.”
*********************************************************************************
Let’s examine that oath a bit; “diligently inquire and true presentment make of all such matters and things as shall be given you in the court’s charge or shall come to your knowledge touching the present service;” A Grand Jury is under no obligation to cease its inquiry simply because the Prosecutor completes his presentment. “OR shall come to your knowledge touching the present service”. If you have knowledge of information that was not presented by the prosecutor, you should demand that it be looked into.
“You shall present no one from envy, hatred, or malice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof.” Many in Laurens County fear the Sheriff. That’s a fact, and apparently an understandable one. As to favor, affection, reward or hope thereof I cannot judge their hearts. Only they themselves and the good Lord, whose name they use in their Oath, can judge that.
Following is an example of what WE fear, and I hope that each Laurens County Grand Juror will remember that NOT ONE INDIVIDUAL INVOLVED IN THE DAVID HOOKS FIASCO HAS PUBLICLY EXPRESSED ANY KIND OF REGRET OR REMORSE.
Since peace officers and public officials have the right by law to receive notice and present evidence to a Grand Jury in which an indictment is sought against them, I’m sure that, if they choose to exercise that right, there will be a show of tears and sadness as they try to drag their asses out of the sling Sheriff Bill Harrell has put them in. However, they will be the tears of the crocodile, or perhaps the school bully trying to escape punishment.
THAT IS NOT GOOD ENOUGH.
Sheriff Harrell caused the death of an innocent man when he led, yes LED, that raid team. David Hooks will ALWAYS stand innocent in the eyes of the law. He cannot be prosecuted. He is no longer with us. Even had he survived, he would have been innocent, for there would have been no charges, as they did not find any contraband described in the warrant.
Sheriff Harrell and his deputies went to David’s home with a search warrant based on dubious and incomplete evidence, largely provided to them by the very man who had burglarized David and Teresa Hooks’ property the night before David was killed. They did not exercise any due diligence in independently corroborating their witness’ statement. They omitted the fact that “a prior narcotics investigation” in which David’s name allegedly was mentioned, used as supporting evidence to the word of the thief, happened several years ago and that no charges were ever filed against him.
Armed with that Search Warrant, which did NOT contain a signed “no-knock” provision, they crept up on the residence. They did not approach and give verbal notice of who they were, as required by OCGA 17-5-27, and as would gentlemen at the unreasonable hour of 10:50 p.m.
Instead, they drove up a 7/10 mile driveway, using not even headlights, much less emergency lights, and approached the BACK door, dressed in camouflage and wearing hoods, as would thieves (or perhaps, heaven forbid, burglars).
While they will claim they made a “good faith effort” at giving verbal notice as required in OCGA 17-5-27, the silent manner in which they approached the home belies any good faith at all. When they kicked that BACK door in, the only thing David could have assumed, the only thing any reasonable person who had been burglarized the night before WOULD have assumed, was that his home was being invaded.
They went to David’s residence “prepared” to kill, as evidenced by their camouflage, masks, military gear and the presence of an ambulance standing by. Were they, perhaps, “expecting” to kill?
According to my sources the LCSO SRT is a voluntary “additional” duty. The team is only allowed 4 training hours per month.
David Hooks, in the process of exercising his “RIGHT” under OCGA 16-3-23 to defend his “castle”, was gunned down; hardheartedly, callously, and in our minds, criminally. Remember, Sheriff Bill Harrell led that raid. The Sheriff, who left the scene of a Use of Deadly Force Incident before the GBI investigators arrived. Kinda makes one curious about what had previously been in the “ONE (1) BLACK, METAL, SENTRY SAFE BOX RECOVERED FROM FRONT YARD OF RESIDENCE” which GBI agent J. Kirk Smith logged into evidence.
David’s grieving, still-in-shock wife was then essentially kidnapped and falsely imprisoned when she was roughly escorted out of her home, handcuffed to a chair, in a state of near undress, and left there while her husband’s killers milled around her home.
These officers acted as THUGS would act, as a GOON SQUAD would act; certainly not as men and women who believed in The Peoples’ Rights, or in simple human decency for that matter. Therefore they should be indicted as the thugs and goons they are.
Special Prosecutor Chuck Spahos will present this case to the Laurens County Grand Jury on June 18th. It is our fervent desire and plea that this Grand Jury uses the intelligence and common sense that God has given them in the exercise of every power they are armed with, and that they seek the whole truth underlying this gross miscarriage of justice.
Tom's Take On It 