February Editorial Winner

Legislature must stop police bill

By David Stringer, The Lawton Constitution

Hey, you there! I think you might run that stop sign in the next block, so I’m going to pull you over, ask for your ID and, if I’m not satisfi ed with your answers, I’m going to hold you for questioning.”

Ridiculous? Sure. But that’s the gist of a measure that moved out of the House Judiciary Committee in Oklahoma City earlier this month. Fortunately, one of our local representatives had the good sense to try to stop it.

You never know what craziness will come out of Lincoln Boulevard in Oklahoma City when the Legislature is in session. HB 3359 authored by Rep. David Smith, R-McAlester, proposes police “may stop any person who the peace officer reasonably suspects is committing, has committed or is about to commit a violation” of state or municipal criminal laws or ordinances. It’s the “about to commit” part that gives us pause. In fact, it does way more than that. This is an example of a horrible proposal that sacrifices Constitutional freedoms and panders to a reactionary side most of us fall victim to at some point. But laws aren’t supposed to support our reactionary biases. They’re supposed to represent our thoughtful, cautious instincts, knowing the long-term consequences.

There are so many things wrong with this bill it’s difficult to know where to start. But, let’s start with probable cause, the generally accepted condition that gives law enforcement a reason to question you if they see you doing something inappropriate. This takes probable cause and tosses it out like yesterday’s political promises.

Smith was quoted in the Tulsa World as saying the bill was requested by law enforcement. Fortunately, Rande Worthen, R-Lawton, was one of the more rational representatives who tried to stop this bill in committee. A former prosecutor, we assume Worthen is supportive of law and order, yet he voted no. We applaud that vote. Unfortunately, the bill still passed out of committee 10-6.

George Orwell’s “1984”, to date one of the most disturbing fantasies of government gone wrong, introduced us to the Thought Police, an organization that could actually punish citizens of the fictional country of Oceania. HB 3359 doesn’t allow for law enforcement to render a verdict or impose a penalty, but allowing a person’s detention simply because it’s suspected they’re about to commit a violation is about as Orwellian as it gets.

Kudos to Worthen for trying to stop this in its tracks. Sadly, there were 10 members of the legislative committee, from communities large and small, who think it’s perfectly OK. It just goes to prove that, sometimes, common sense isn’t all that common.