Police Statism Shows Its Ugly Face in an Arkansas Town

In the small town of Helena-West Helena, Arkansas, authoritarianistic ideas are being enacted. The town is known for its high crime rates and poverty levels. Because of the increased violence and crime, the City Council imposed a 24-hour curfew based off a 9-0 vote. The curfew started out in a ten-block, high crime area of the city; however, yesterday the City Council expanded the curfew to cover the entire city. If police find people on the street, they can stop and question them. This has resulted in several arrests. The city went ahead with a city-wide curfew, despite an American Civil Liberties Union lawyer who warned them that these actions were unconstitutional. The City Council said that they want the shootings, drugs, and violence to stop, regardless of the cost.

“Now if somebody wants to sue us, they have an option to sue, but I’m fairly certain that a judge will see it the way the way the citizens see it here,” Mayor James Valley said. “The citizens deserve peace, that some infringement on constitutional rights is OK and we have not violated anything as far as the Constitution.”

“We’ve had people call us, expressing concern for their children,” Fielder, the Police Chief said. “They had to sleep on the floor, because of stray bullets.”

“As far as I’m concerned, at 3 o’clock in the morning, nobody has any business being on the street, except the law,” Councilman Eugene “Red” Johnson said. “Anyone out at 3 o’clock shouldn’t be out on the street, unless you’re going to the hospital.”

The Mayor seems to think that the Judge will side with something unconstitutional because it’s necessary; the Police Chief plays on the fears of the citizens; and the Councilman seems to think he knows what the people should and shouldn’t do, despite the fact there is no law to support his claim. That being said, so far it appears that, rather than arresting anyone for violating the curfew, the police simply ask questions. If they act nervous or odd, they’re further interrogated or searched.

The situation is obviously a delicate one. The city has to balance the rights of its citizens with increased crime; it appears, however, that the city has a high disregard for its citizens rights.

The U.S. Constitution says, in the first amendment:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

A 24 hour curfew seems like a violation of the right to assemble. Why can’t a lawful citizen go out of their house when they like? According to the city’s government, it’s because of crime. However, is the threat of harm or unlawfulness sufficient enough to infringe on the right of the people? Most certainly not. Additionally, the city may have issue with our fourth amendment right, protection against unreasonable searches and seizures.

The fourth amendment states that:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

As of yet, it doesn’t appear this has been an issue, though it very well could become one in the near future. For example, say a police offer stops a man leaving his house (without cause). They have no bases to stop him, yet they do. They then deem that he is acting “suspiciously.” They can then search them. In such a situation, the police would be violating not one, but two fundamental rights of the American people.

It seems as if the city government is playing on the fear of its citizens. Essential, this is an example of extending government reach on a local level. The city has become, or is becoming, its own miniature police state where the local government can do whatever it wants, regardless of the rights of its citizens.

Remember, as Benjamin Franklin said, “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.”