US Politics and Government
NYPD Surveillance of Muslims Compatibility with the Fourth Amendment
Once the planes struck towers one and two on September 11, 2001 a person and group of people would be persecuted and held responsible whether it was blatant or underhanded. “… local law enforcement official worked feverishly to investigate those responsible for the reprehensible crime on American Soil and to no assess our state of vulnerability to further acts of terrorism. As part of those efforts, conclusions about the ethnicity and national origin of the prime suspects were inescapable. This crime was committed by a group of foreign nationals of Middle Eastern decent.” McCarthyism is the practice of accusations of disloyalty, subversion, or treason without proper regard for evidence. It is a term that was developed in the forties and fifties yet a term that is juxtaposed with the term Islamophobia which is a more modern term applicable to Muslim communities throughout the United States. Islamophobia is defined as prejudice against, hatred or irrational fear of Islam and/or Muslims. These issues shed light on the rights to the heavily debated fourth amendment. The fourth amendment was implemented into the Bill of Rights to grant citizens the right of the people to be secure in their persons, houses, papers, and affects against, unreasonable search and seizure shall not be violated. Cleary with regards to modern-day McCarthyism and Islamophobia fourth amendment rights are being violated. However, in hindsight, America has always kept a close eye on a group of people they were engaged in combat with overseas and domestic which may be or may not be necessary at the time.
Aside from the communist era that brought McCarthyism, the attack on Pearl Harbor shows us distinct instances of where Japanese Citizens fourth amendment rights were violated. From the concentration camps and the Alien Land Law, Japanese citizens were excluded from the fourth amendment on many instances. According to Peter Siggins, in his article, Racial Profiling in an Age of Terrorism, “Following the attack on Pearl Harbor, the interest in preserving the safety and security of the nation was put in direct conflict with the American democratic ideal of racial equality.” Very similar, if not identical statements have been made recently in regards to Muslims in America. Eleven years ago in 2001, “Attorney General Ashcroft condemned racial profiling as an unconstitutional deprivation of equal protection under our Constitution.” (Siggins 1-7)
Terry v. Ohio 1968 was the gateway case to condone racial profiling. Detaining and searching people based upon a police officer’s opinion and belief to deem someone as a dangerous threat doesn’t present itself as an appropriate responsible. The rationale behind the Supreme Court decision circle around the understanding that, the exclusionary rule has is limited. The meaning of the rule is to protect persons from unreasonable searches and seizures aimed at gathering evidence, not searches and seizures for other purposes. The Patriot Act of 2001 exacerbates that right on many different levels such as being detained without an explanation, wiretaps on phones also without explanation or notification either. There is much controversy surrounding the Patriot Act’s violation of fourth amendment rights.
The Huffington Post article; 4 Myths That Led to the NYPD Attack on Muslim Civil Liberties; outlines “myths” that have caused the Muslim’s civil liberties to be violated. These stereotypical generalizations such as, extremist Muslims have permeated New York Muslim communities, Muslim’s level of religiosity is a sign of radicalization and support for terrorism, profiling Muslims is possible and necessary and Muslim community leaders and citizens do not need to be consulted in counterterrorism efforts, show the division and steps taken to secure other people outside the Muslim community.
Misnomers are a very common mistake that take place in New York City and the rest of the United States. Because the “brown” man is displayed on television and commonly associated with in media, many people assume it is only them that can be the terrorist. There are many other ethnic groups that have a large Muslim population, such as those from the Chez Republic, as well as Turkey, Russia, Yugoslavia amongst many other countries. There are Caucasian, Hispanic and African American Muslims in the United States in addition to Middle Eastern Muslims. How does law enforcement surveillance these group of people? Do the same generalizations and stereotypes apply? Separating groups of people only causes and elevates tension between people. However some positivity can come out of it such as “…the fight against bigotry and misunderstanding of their faith will result in a greater level of integration into the American experience in the long term.” (Tutt 1-7)
This debate depends on how you perceive threats. Some people believe it is outrageous to spy on a group of people without a specific probable cause. It is ignorant and incorrect to say all Muslims are terrorists or can be influenced to become terrorists. However, some precautions have to be taken in order to guarantee safety for others such as some counterterrorism efforts that have been made by the NYPD. The amount of money spent on homeland security and other law enforcement agencies in the United States has to be put use in one way or the other. The Handschu guidelines described in the Wall Street Journal, article is interesting, but it doesn’t seem to apply to the fourth amendment but the first amendment instead. Though, the Handschu guidelines can and should be applicable to the fourth amendment in a sense that it would help the problem with racial profiling. There are good and bad people in every nation. Some people are absolutely offended to the most extent. Many people’s opinions in the opposition of this are displayed in the Daily News article; Ray Kelly defends spying on students, scalling it an essential safety strategy for city. There is a major problem with racial profiling because it is underhanded and/or unconscious and/or blatant racism. Acting upon that profiling, causing disparate impact on someone’s life due to race is racism. Racism describes a set of behaviors that have negative impact on the lives of people based on race. Bigoted or prejudiced mindsets, without action, which may include speech, do nothing to disparately affect others. The NYPD exceeding efforts and activities of the FBI seems a little overbearing. Is it really necessary for the NYPD to exceed law enforcement agencies that have a hierarchy over them? New York City is such an essential and critical city in the states, and overall United States that it may seem slightly necessary. New York City is the origin of the 9/11 attack and with one of the most advanced local law enforcement agencies in the entire country, it seems like enough variables for Commissioner Ray Kelly to justify his excessive surveillance on Muslims.
The Bill of Rights shouldn’t have exceptions, but it does. Due to bills such as the Patriot Act, those exceptions to the rights grow larger and are a lot easier to take away. It is interesting that this war on terror has supporters and adversaries on both political party sides. In another Huffington Post article; Rep Peter King Condemns Chris Christie’s NYPD Criticism, Bloomberg Defends Surveillance, it shows the clear disagreement between republican governor Chris Christie and republican chairman of the House Homeland Security Committee Peter King. However in politics there is always a strategy and agenda behind the positions taken on certain issues. Chris Christie is a very popular republican politician right now with prospects of moving up the political latter in the future. Therefore, Christie may want to secure the support of the New Jersey citizens by attacking Ray Kelly’s efforts to surveillance Muslims beyond his turf. In the article Peter King is said to have accused Christie of being driven by ego and was overreacting. In another Huffington Post article, NYPD Monitored Muslim Students All Over Northeast shows us how vigorous and thoroughly Muslim groups are being watched. As a student who attends one of the schools that was monitored and knows of people who attend other schools that were in the article outside of New York City, it is daunting to say the least, but reassuring in a sense that the NYPD are going way beyond their job description to implement safety. “The mission of responsible law enforcement officials in combating domestic terrorism is to take what they know to be true about the ethnic identity of the September 11th assailants, and combine it with other factors developed through investigation and analysis to focus investigative efforts and avoid casting a net too wide.” (Siggins 1-7) I can’t really say the NYPD has or hasn’t done that intentionally or unconsciously.
-CP
Bibliography
Caruso, David. “Rep Peter King Condemn Chris Christie’s NYPD Criticism, Bloomberg Defends Surveillance.” Huffington Post . (2012): 1-7. Web. 31 Mar. 2012. http://www.huffingtonpost.com/2012/03/03/rep-peter-king-condemns-c_n_1318278
Tutt, Daniel. “4 Myths That Led to the NYPD Attack on Muslim Civil Liberties.” Huffington Post . (2012): 1-7. Web. 31 Mar. 2012. http://www.huffingtonpost.com/daniel-tutt/myths-about-islam-and-nypd-civil-liberties-violations_b_1289259.html?view=print&comm_ref=false
“NYPD Cheif Defends Monitoring of Muslims Students.” Wall Street Journal. (2012): 1-2. Web. 31 Mar. 2012. http://online.wsj.com/article/APfe4ec2c60f47455c96ccc6bfd15eeb4e.html
Moore, Tina, and Jonathan Lemire. “Ray Kelly Defends Spying on Students, Calling it an Essential Safety Strategy for City .” Daily News.com Crime. (2012): 1-3. Web. 31 Mar. 2012. http://www.nydailynews.com/news/crime/raymond-kelly-defends-spying-calling-essential-safety-strategy-city-article-1.1032607
Siggins, Peter. “Racial Profiling in an Age of Terrorism.” Markkula Center for Applied Ethics. Santa Clara. Keynote.
Hawley, Chris. “NYPD Monitored Students All Over Northeast.” Associated Press. (2012): 1-9. Web. 31 Mar. 2012. http://www.huffingtonpost.com/2012/02/18/nypd-monitored-muslim-stu_0_1286647.html?view=print&comm_ref=false