At what point does a rising crime rate justify doing away with Constitutional protections?
I hope the answer is a resounding never. But -
Washington D.C.'s mayor has implemented several unconscionable measures in an attempt to crack down on crime in the city. Since April 1st, D.C. has had 7 homicides, 16 robberies, and 20 armed assaults. Josh Patashnik at The New Republic wonders whether this is a sufficient "emergency" to do away with constitutional protections in the city.
On March 12, the Mayor and police chief announced that police would be going door to door in certain neighborhoods, asking residents to consent to searches of their homes for drugs and guns. Homeowners who consent to the searches would receive amnesty from gun and drug possession charges.
On May 17, the Washington Post reported that the D.C. police department will be arming patrol officers with semi-automatic rifles (AR-15's), which the police say will be a better match for criminals.
Yesterday, the Washington Post reported that under the "neighborhood safety zone initiative," D.C. police will cordon off entire neighborhoods and set up checkpoints to allow people in and out. Police will search cars and will arrest anyone who does not cooperate, charging them with failure to obey a police officer. The D.C. Mayor is quoted as saying, "We're going to go into an area and completely shut it down to prevent shootings and the sale of drugs."
Orin Kerr at Volokh gives a detailed analysis of why the D.C. checkpoints are clearly unconstitutional, in case anyone had doubts. Scott Greenfield at Simple Justice has picked up the story as well, and writes that "this isn't merely wrong because it nips around the edges of some precedent or raises questions of adequate notice. This is a fundamental wrong, flying smack in the face of basic freedoms." Jon Katz notes D.C.'s Attorney General's statement that he is "not worried about the constitutionality" of the Mayor's state of emergency.
If this is allowed to happen anywhere in the country, then it can happen . . . well, anywhere in the country. Everyone with a voice needs to speak out and take action as we watch Washington D.C. become a police state with no regard for civil liberties, because Myrtle Beach, S.C. or Anywhere, U.S.A. will be next.
