Probable cause from a Baltimore police officer has always been a tenuous thing. It’s a tenuous thing anywhere, but in Baltimore, in these high crime, heavily policed areas, it was even worse. When I came on, there were jokes about, “You know what probable cause is on Edmondson Avenue? You roll by in your radio car and the guy looks at you for two seconds too long.” Probable cause was whatever you thought you could safely lie about when you got into district court.Then at some point when cocaine hit and the city lost control of a lot of corners and the violence was ratcheted up, there was a real panic on the part of the government. And they basically decided that even that loose idea of what the Fourth Amendment was supposed to mean on a street level, even that was too much. Now all bets were off. Now you didn't even need probable cause. The city council actually passed an ordinance that declared a certain amount of real estate to be drug-free zones. They literally declared maybe a quarter to a third of inner city Baltimore off-limits to its residents, and said that if you were loitering in those areas you were subject to arrest and search. Think about that for a moment: It was a permission for the police to become truly random and arbitrary and to clear streets any way they damn well wanted.
What the drug war did, though, was make this all a function of social control. This was simply about keeping the poor down, and that war footing has been an excuse for everybody to operate outside the realm of procedure and law. And the city willingly and legally gave itself over to that, beginning with the drug-free zones and with the misuse of what are known on the street in the previous generation as ‘humbles.’ A humble is a cheap, inconsequential arrest that nonetheless gives the guy a night or two in jail before he sees a court commissioner. You can arrest people on “failure to obey,” it’s a humble. Loitering is a humble. These things were used by police officers going back to the ‘60s in Baltimore. It’s the ultimate recourse for a cop who doesn't like somebody who's looking at him the wrong way.
LAND OF THE FREE
