---

The Henry Louis Gates "Teaching Moment"
...After Oakland police officer Johannes Mehserle shot and killed subway passenger Oscar Grant at point blank range last New Year's Day, police attempted to confiscate cell phone photos and videos of the shooting. Fortunately, not everyone complied. Mehserle will now be tried for murder.

In the last few years we've seen numerous other incidents where cell phone videos and photographs, surveillance video, or handheld video cameras have both exposed police misconduct and shown officers to have falsified police reports. In most of these cases, the police at various points attempted to confiscate, alter, or destroy the photographic evidence.

Still, sentiment like Tucker's is common. Commenting on Gates' arrest, National Review's Jonah Goldberg wrote that he counts himself among those who are "deferential to police," and willing to "give cops the benefit of the doubt for a host of reasons." That's a common position among conservatives. At a Federalist Society luncheon a few years ago, Bush Solicitor General Ted Olson praised the Supreme Court for "putting more trust in our police officers" in recent rulings. Los Angeles Police Department officer Jack Dunphy (a pseudonym) oddly concluded at National Review Online that the lesson from the Gates/Crowley affair is that anyone who asserts his constitutional rights when confronted by a police officer risks getting shot.

This deference to police at the expense of the policed is misplaced. Put a government worker behind a desk and give him the power to regulate, and conservatives will wax at length about public choice theory, bureaucratic pettiness, and the trappings of power. And rightly so. But put a government worker behind a badge, strap a gun to his waist, and give him the power to detain, use force, and kill, and those lessons somehow no longer apply. ..