Saturday, July 25, 2015

Cop/Law Prof: Sandra Bland's Arrest Lawful But Not Good Policing

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Cop Expert: Why Sandra Bland's Arrest Was Legal But Not Good Policing

by Prof. Seth Stoughton

As the video of Sandra Bland’s arrest makes its way into homes and offices around the country, people are aghast that the failure to use a turn signal led to a woman’s arrest and, ultimately, her death by what officials have identified as suicide. People want to know if the officer’s actions—asking that Bland put out her cigarette and demanding that she step out of her car—were legal. But that’s the wrong question. Instead, we should be asking whether it was good policing.

As a former police officer, and now as a legal scholar who studies policing, I know the law is not a moral compass. An officer’s actions can be entirely lawful, and yet fail to meet the high standards that we should expect from our law enforcement professionals, our community guardians. When we focus on whether the police acted lawfully, we are missing the chance to ask whether they acted appropriately. As I watch the dash camera video of the traffic stop, I can’t help but think of the distinction between lawful policing and rightful policing.

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