In order for the police to stop you the Supreme Court has ruled that police must have reasonable articulable suspicion that there is criminal activity afoot and that you are involved in the activity. In order to frisk you the Supreme Court has ruled that the police must have independent reasonable articulable suspicion that the person is armed and dangerous before they may touch you (a cursory patdown for weapons). Police may not act on on the basis of an inchoate or unclear and unparticularized suspicion or a hunch - there must be some specific articulable facts along with reasonable inferences from those facts to justify the intrusion.
Clearly, these rules are only intended for white people. [MORE] and [MORE] Believe in the 4th Amendment at your own risk. Non-white people's right to be free from unreasonable search & seizure is not even an afterthought to the elite white media.
[HERE] and [HERE], on Tuesday, around 12:30 p.m. Durham police say three uniformed officers, Charles Barkley, Monte Southerland and Christopher Goss were patrolling the area because of a recent increase in crime there. They came across Frank Nathaniel Clark on foot and stopped to talk to Clark. That is, police ordered Clark to stop and he did. He was not free to go. When the cops stopped him they had no reasonable articulable suspicion that crime was afoot and had no particularized facts to suspect Clark of being involved in any crime. As such, this initial stop by police was unlawful - violating his so-called "4th Amendment rights."
Police claim that during their conversation with Clark that Clark made "a sudden movement towards his waist band and a struggle ensued. During the struggle the officers heard a gun shot. In repsonse an officer fired his weapon." A gun was then found next to his dead body on the ground. [see video of police chief below. never trust a black probot].
Two witnesses told WRAL News that, while Clark might have had a weapon, he did not reach for it or fire it before he was killed. Police found a gun not belonging to the Durham Police Department near his body, Davis said.
"He (the officer) saw a gun on his waist, and he yelled 'gun' and pushed him away from him, and that's when the other officer shot him," a witness, who did not want to be identified, said
Clark had a long criminal record, including charges of assault, trespassing and drug possession dating to 1999, according to court records. His most recent conviction – on charges of drug and weapons possession – resulted in a five-year jail sentence. He got out in April 2015. However, the cops did not know that info prior to the stop. Therefore, it is not relevant to whether the stop by police was legal. However, such information about his background is relevant to racists b/c they believe there is no innocent Black male, just Black male criminals who have not yet been detected, apprehended or convicted. [MORE]
Davis said she didn't know if Clark and the officers knew each other, but she did say the three officers are "very familiar" with that area, where patrols have been stepped up in response to recent criminal activity.
Neighbors said they have felt intimidated by police prior to Clark's death, and his girlfriend went so far as to call Barkley a "crooked cop."
The three officers were placed on administrative assignment, and the State Bureau of Investigation will investigate the shooting, standard procedure after an officer fires a weapon in the line of duty.