The Boston Police Department will be starting a new program in four
so-called “high-crime” neighborhoods (“ACLU skeptical of police
warrantless search plan,” Nov. 22, 2007). They will be going door to
door asking parents’ permission to make no-warrant searches of their
children’s rooms to look for guns. There are so many reasons why this
is a bad idea. I will touch on the most important ones.
No warrant.
A warrant protects the rights of the police officer and the suspect.
Non-Patriot Act warrants are signed by judges, who are presumably more
objective and clearheaded when deciding whether a search should take
place. The warrant also gives clear instruction to the officer and the
suspect as to what the officer is looking for, and by extension, where
the officer can look for it. For instance, a stolen piano wouldn’t be
found in a medicine cabinet. A medicine cabinet search by an officer
with a warrant for a piano, or a missing person, let’s say, could be
challenged in court. Without a warrant, it’s a free-for-all and the
police can search for anything, anywhere, without restriction. Also,
even if no weapon is found during one of these no-warrant searches, any
information collected during such a visit could later become harmful
for the household’s residents. Because the “search” wasn’t part of an
official police visit with a warrant, the gathered information could be
used in almost any way.
Three against four.
The plan includes sending groups of three plainclothes officers to
homes in four target neighborhoods. These neighborhoods also happen to
be those where many people are disenfranchised, from immigrant
backgrounds or have language and cultural differences that most
officers are not equipped to deal with in a respectful manner. Some
residents of the four targeted areas may not understand that the police
visit is voluntary; some may not understand that they have rights even
after the officers enter their homes, and even after contraband is
found. Also, has anyone else noticed that predominantly high-crime
white neighborhoods have been left out of this “program?”
Children and parents.
The understandable fear of gun violence in the ’hood is being exploited
by this program. It’s overkill and unsafe for the children in so many
ways. Parents need to step up and get social workers, clergy and/or
trained youth workers involved long before they resort to calling the
police on their own children. In St. Louis, this program was tried and
failed. In Brooklyn, the last fatal police shooting of an unarmed
teenager began with a mother calling 911 for help with her disabled
son. The fear of gun violence is real, but this is not the way.
If the Boston Police Department is actually interested in helping youth
avoid crime, there are many other ways to do so — participation in
successful existing youth programs, conducting community workshops on
the criminal justice system, etc. One has to wonder whether the
motivation for this program had less to do with making children safe,
and more to do with creating opportunities for new arrests.
Nicole Rene Atchison
Boston