Policing Big Brother

Last spring, KSEE 24 News broadcast a video showing the Fresno police beating Glen Beaty, a homeless man. The video was taken by a neighborhood resident, and it caused a public outcry against police brutality. Fresno Police Chief Jerry Dyer responded quickly by ordering an internal investigation into the assault.

The action of a resident observing and recording police activity is a core idea of Copwatch. Copwatch is a community-based design that aims to educate residents in ways to hold police officers accountable for their actions, thereby leading to the police holding themselves more accountable. Copwatching has been used predominantly in poorer neighborhoods where residents are afraid and more police abuse occurs.

Lifelong community organizer Gloria Hernandez saw a need for residents of Fresno to be informed about their rights when interacting with the police. She brought in a trainer from Berkeley, where Copwatch was founded, to educate Fresnans on these rights.

The trainer informed residents about their rights when dealing with the police and how to observe and especially record the police when they arrest someone. However, during the process of recording, if a police officer sees a video camera, he/she can sometimes become confrontational. This is where the Copwatch training helps. The resident must maintain his/her position, without getting aggressive or resisting the police. The copwatcher has to be conscious of his/her rights.

The resident has a right to observe and videotape the police from a reasonable distance as long as the police are not prevented from doing their job. This is a challenging but crucial aspect of copwatching.

When the police know someone is watching, they are apt to change their behavior and reactions. Hernandez recounted an incident during an arrest where a police officer was witnessed allowing his police dog to bite an arrest suspect. Hernandez said the awareness of witnesses caused other police at the scene to file charges against the officer for letting his dog assault a suspect. Hernandez asserted that it was the residents’ presence that pressured the police officers to be accountable.

People usually are not comfortable around the police. In Fresno, the numerous cases of abuse and even killings by the police have created a serious aversion to contact with the police. Hernandez explained that “people are afraid of the cops, but the only way to change things is if people pull out their own cameras and video cameras and use them.”

Those who retreat to the camouflage and safety of their homes can still copwatch with a new type of copwatcher. Hernandez described them as “undercover copwatchers like Grandmas on patios with video cameras.” These are the everyday residents who police never think twice about, but these “undercover copwatchers” can be quite powerful.

The Beaty beating was viewed from afar. When the video was submitted to television stations, there were serious consequences for the police. “We encourage people to do it undercover and bring the video to the nearest TV station,” Hernandez said.

A training video at http://www.youtube.com titled “Copwatch: These Streets Are Watching” illustrates the environment that Copwatch wants to create—one where the police are never sure whether they are being watched. That way, the police will be more inclined not to abuse civilians’ rights.

The abuse tends to occur in poorer neighborhoods where residents do not know their legal rights. These residents could never afford to hire lawyers to file charges against the police.

There is also an inordinate number of cases of police abuse with minorities. “Blacks represent 9% of the population, but they get involved in police aggression three times as much,” Hernandez said. Combine the lack of political representation with this residual racism and what plays out is an unequal abuse of power in areas inhabited by minorities.

“What goes on the west side doesn’t happen in the north,” says Rev. Floyd Harris, an African-American from west Fresno. “We don’t have strong voices in the political arena. The police come out to block parties when the black or brown kids are 6 or 7, and they shoot them in the back when they are young men.”

Harris, a church leader in his community, had heard stories of police abuse in his community. It was not until Harris was pulled over and humiliated by being treated as a drug dealer and suspicious character that he understood the allegations against the police. Harris started observing the police and counseling arrest suspects about their legal rights. Harris said, “We felt it was appropriate to arm the residents in Fresno with a way of protecting themselves.”

Harris wanted to work with the police but found that the police were unwilling to accept responsibility and address the problematic behavior of some police. “There are good police, but there is a high percent of cops who abuse their authority, and another segment of police who don’t want to say anything. There is a code of silence.”

This code of silence creates an environment that allows some police officers to further abuse power. If a resident cannot report an abusive officer to another officer then more residents become afraid and silenced and, subsequently, more police are able to get away with more abuse.

“Relying on the police to police themselves is like placing the fox to guard the henhouse,” Harris said. He started videotaping the police, which he describes as a real weapon. Harris believes that videotaping the police is the only way to protect his neighborhood and hold the police responsible for their actions.

Harris rejects any suggestion that he is being aggressive or antagonistic with the police and describes his actions as defensive: “If the police are doing what they are supposed to, then there shouldn’t be any worry about being videotaped. Inequality and racism still exist although people don’t walk around in Klan suits.”
This viral process of empowering individuals will eventually grow into empowering neighborhoods. Such a spirit of civic responsibility is exemplified in Josh Cranston, a student at Fresno State. After viewing the Beaty beating on television, he got involved and started copwatching.

Cranston videotaped at events like the Mardi Gras celebration in the Tower District, where there was a strong police presence. He encountered resistance to his copwatching. While videotaping the police questioning a homeless man about an open container, an officer patted him down for weapons and began questioning him. Eventually, he was given a ticket for jaywalking. “The police can give you a ticket for anything. It’s just another example of how unethical they are,” Cranston explained.

“The police are against transparency and accountability,” says Cranston. However, he is not deterred. Cranston is continuing to copwatch and describes his relationship to the activity as a “philosophy. A way of life. If I see someone being questioned or arrested by the police, then I stand at a distance and observe.”

It is important for people to be informed about their rights before they start copwatching. “When people stand up against the police they get harassed. You’re either on their good side or their bad side. If you take on the cops you better be ready,” Hernandez said.

She encourages all civilians to be educated about the copwatch model. For example, the police are allowed to pat you down to see if you are armed, but they are not allowed to search you, your vehicle or your residence without your consent. All you have to say is “I do not consent to this search.” Any such search is inadmissible in court.

You have a right to ask the police if you are being detained and, if you are not, you can just walk away. You do not have to speak with the police. The police will always work to engage you in a conversation. That is how they collect information and form a case against you.

Copwatch suggests being polite when talking with the police and keeping your hands where the police can see them. Never resist, fight or run away from the police because this will allow them to use force to detain you. Speak clearly and respectfully with the police.

If an officer acts inappropriately, get his/her badge number and file a report. As Copwatch sees it, people unifying against police abuse will bring about a powerful change.

Although contacted several times, Chief Dyer and the Fresno Police Department refused to comment on Copwatch. The police realize that Copwatch will make them more accountable and limit their ability to do what they want. Dyer cannot speak out against Copwatch because he would then be speaking against the residents that he is supposed to serve.

As long as a copwatcher does not interfere with police proceedings, the action is within the boundaries of the law. This puts pressure on the police, especially Dyer, to interact with the community. And that is what community organizers such as Harris and Hernandez want. “He [Chief Dyer] has to recognize that this is our community and that he has to deal with us,” Hernandez said.

If you want to get involved in Copwatch, visit the C.A.F.E. Infoshop at 935 F St. in Fresno. Learn more about the group at http://www.berkeleycopwatch.org.

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Nigel Medhurst is a freelance writer adn photographer in the Fresno area. His email is nigelmedhurst [at] hotmail.com