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Indybay Feature

Copwatch in Modesto: Winning and Losing Some

by D.A.A.A. Collective (modanarcho [at] yahoo.com)
Report from a weekend of Copwatching, and dealing with Modesto Police Department.
Copwatch in Modesto: Winning and Losing Some

This past weekend presented us with some positive results, and also some continued problems while dealing with Modesto's finest. While problems with the Modesto Police are often sporadic, police have continued to use the same excuses for their policies, and have also reacted harshly to our questioning them, and also trying to document their actions in the downtown area. Well - if you get in the pig pen, you’re bound to get dirty.

On Friday April 30th, Anarchist Café was happening in the downtown area, and things seemed to be happening without incident. Then police on duty then approached two Latino young men, both of whom where dressed in hip hop gear, and one had on a Raider's Jersey with a number "14" on it. Police then proceeded to basically ask the two young adults if they were in a gang, and when the two young men said that they weren't, the police then proceeded to tell them that they were because of their clothes. During this exchange, DAAA activists were watching, videotaping, and monitoring the interaction. Collective members noticed how dramatically quieter the police became as soon as they saw that they were being videotaped, and we also go the okay to videotape from the young men. Activists then approached the two young men and handed them two small "Know Your Rights" cards, which they read while talking with the police. After reading the cards, the two young men looked up to the officer, and asked, "Am I being detained?". The police officer was taken aback, and said, "No". Then the young man threw up his hands and left, free to go. He then came up and shook hands with us an thanked us for helping, (much to the dismay of the police), and we explained the basis of Copwatch, and who we were. We see this as a very positive development, for several reasons. For one thing, once again we have seen the police changing their actions when being videotaped and watched, and we have also seen how positively people reacting to us working to help them in situations with police.

Saturday brought more interactions with the police. Around 9:15pm, a large group of youthful hip hop kids, (largely people of color), were beat boxing outside of a Starbucks, (but still in the blocked off street of down town largely, and were in no way blocking the entrance of the store), were approached by police after they watch one of the younger boys in the group moving a sign slightly back and forth. Police then singled out of the youngest boys in the group and discovered that he was 15. They made issue with him being out at this late at night, and at this time a DAAAista alerted that group of youth that he had just called the Modesto Police Station and talked to an officer there and they stated that curfew for 15 year olds was 10pm, which at this point was 30 minutes or more away.

Around this time, two other DAAAistas were videotaping what was going on, (largely just police talking to the young man, and calling his mother on the phone). However, officer # 86 then moved and blocked us from videotaping the scene by putting his back directly in front of our camera. Luckily for us, we were born with bipedal abilities, and we moved to another spot, however the officer then moved again and again to continue to block us. One DAAA Collective member then asked for his card, (which he did not give us), and we instead go this badge number.

At this time we stopped videotaping because one of the youth asked us to stop because they thought that we were videotaping the group to make fun of us, (which they were quickly told by ourselves and their friends who we were and what we were doing). Talking with one of the young women in the group, she stated that, "The police aren't messing with those kids with nice clothes down there. They're messing with us because we're black!" Around this point, the crowd had begun to get smaller. An officer then approached one DAAA Collective activist who was standing watching the scene on the street and had no camera and was told that he had to move. The collective member then stated that he didn't have to because it was a public street, and that he was fine as long as he wasn't obstructing traffic on the street. Officer #86 then stated that Starbucks had complained, to which the collective member stated that he wasn't blocking Starbucks, (which entrance was about 20 feet away), and that the police officer was infringing on his civil rights to observe. The officer said that he wasn't, but simply was asking him to move because Starbucks was complaining, and eventually the collective member moved into the blocked off street.

Eventually the group of youths moved down the street as to avoid the police. The two officers moved up and down the street, still talking to the young man that they had singled out, and also talking to his mother on the phone. Police made glaring looks towards the collective booth, and several activists heard the officers making comments such as, "What are we going to do with these guys?", and then proceed to talk about and point at the DAAA Collective table and the activists behind it.

Besides the bad looks from ugly faces, the police did nothing, (perhaps they were unimaginative?), and we preceded to table and monitor the situation. Police then once again approached the group of youths, (now at the other end of the downtown area), and three DAAAistas went to videotape and monitor. Keeping a distance of 10 feet or more, police quickly told the three copwatchers to get back even more, which they did. Police then approached two of them, and asked their age. They replied 18 and 15. The two DAAAistas asked then if they were being detained. The officer, (# 86 again), replied that the 15 year old Agent Spitball was, but the other was free to go. The 15 year old Spitball was also more vocal, arguing with the officers and stating that the excuse they gave him of interfering with penal code 148 was false, because it only states that citizens can't interfere with police arresting and investigating witnesses and crimes, (which we weren't doing). The time at this point was around 9:50 or so, and after detaining and talking to him it was past 10pm. Now Spitball was past curfew, and officer # 86 then called Agent Spitball's house and talked to his father. Spitball was not allowed to listen, and instead kept away from the cell phone and was talked to by the other officer. In a later conversation, Spitball's father would state to the officer on the phone that his son was in the downtown area while being watched by, (or under the supervision of), an older collective member, who was 21. The police then responded, that there was no such person there, (which of course was done without asking). Spitball was allowed to leave the area, but had to go straight home or face getting cited. Before we left, police complaint forms were passed out to the group of kids that had been harassed.

Several positive things occurred from these two nights: We saw once again the very positive response from the community in response to Copwatching. We also saw how effecting handing out "Know Your Rights" literature was in giving people being harassed by the police in public situations was to giving them the upper hand, (sometimes), in their interactions with the police.

There are several things we can work on however. Small Copwatch flyers are helpful in explaining what Copwatch is and what the purpose of it is, and works to clarify why we are watching what is going on, and why we are videotaping. Also, being more assertive, and even being prepared for arrest is useful in gaining more ground in asserting our natural freedoms to exist in public space and engage with the community against the police.

It is obvious that the police profile, either under the pretext of gangs, trouble makers, or delinquents, for the purpose of removing “undesirable” elements of the youth from the downtown area. They are also more than willing to comply with the wishes from business owners despite possible problems with civil rights been trampled. Whether anarchists, people of color, hip hoppers, or punks, the targets are anything but nicely dressed middle class white kids. It is also obvious that the police are afraid of being video tapped, and also afraid of people knowing what they are talking about. While police may be aware of Penal Code 148, they seem to have no clue as to what is actually means. (Before we have been told that 148 says you have to be at least 30 feet away from an arrest). It is also very clear that the police view our engagement in the downtown as a threat. While they seem to have stopped trying to shut down us tabling, (tickets were given, but charges were dropped quickly), but they are still looking for ways to limit our involvement in the area. All police officers interact with us differentially, but it appears that largely the older officers have more of an itch to get rid of us.

Well, they will not be getting their wish anytime soon! Anarchist Cafe will continue, as well as our defense of the downtown youth against the racist and unjust profiling and harassment by the Modesto City Police. Until the downtown and city is ours! Smash the state - build the community!

http://www.modanarcho.tk
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