(July 30, 2004) If Attorney General Henry McMaster were to be arrested and charged with effectively policing the police in South Carolina, would there be enough evidence to convict him? It would seem unlikely to most observers that McMaster would be found guilty of such a charge. When it comes to allegations of police misconduct in South Carolina, even a preponderance of evidence against the police is often discarded as inadmissible, circumstantial, or hearsay. If the same standards were applied to evidence presented in criminal cases across the Palmetto State, nobody would ever be convicted of a crime. It’s as if when looking at most allegations of police misconduct, McMaster requires seeing the bullet leaving the gun before he might be compelled to take legal action.

From the insanity of the Stratford High drug raids in which McMaster saw no criminal behavior (Police pointing loaded guns at people without real probable cause isn’t criminal?), to allegations against the North Charleston police department regarding the peculiar beating and shooting death of Asberry Wylder...whether true or not, it certainly appears like the people of South Carolina do not have much of an advocate in Columbia when it comes to issues of police misconduct.

It’s always difficult to go after police officers that abuse their authority. There is nothing easy about police work, and most people know it. The stress can be enormous. As far as most law-abiding citizens are concerned, it’s often best to just give the police the benefit of doubt when discussing whether an officer or officers might have crossed over the abuse of power line. Yet it is detrimental to the public, as well as the police, to lean too far, too often in the police’s favor. There needs to be a delicate balance between the power of the police and the rights of the people. It has always been this balance of powers that has made the United States great!

The challenge for McMaster, as well as every other elected official in South Carolina, it to strike the right balance. The question that begs to be asked is whether South Carolina wants the truth regarding its police departments, or does it want to ignore the evidence that suggests that there might be a culture within our state law enforcement community that encourages certain police officers to believe that they are sometimes above the law?

If the truth is what South Carolina wants, then the truth can be revealed. Here’s how. Hire a neutral, third party to administer lie detector tests to every police officer assigned to the any given police department. All tests would be administered in accordance with standard operating procedures associated with conducting polygraph tests. The following questions would be asked of the officers...

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY CAUSED OR ALLOWED EXAGERATED STATEMENTS OF FACT TO BE INSERTED INTO A WRITTEN INCIDENT REPORT OR SWORN AFFIDAVIT?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY MADE EXAGERATED, EMBELLISHED OR FALSE STATEMENTS IN A WRITTEN INCIDENT REPORT OR SWORN AFFIDAVIT FOR THE PURPOSE OF PROCURING OR ASSISTING IN THE CRIMINAL PROSECUTION OF A FELLOW CITIZEN?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY MADE EXAGERATED STATEMENTS OF FACT WHILE TESTIFYING UNDER OATH IN COURT FOR THE PURPOSE OF PROCURING OR ASSISTING IN THE CRIMINAL PROSECUTION OF A FELLOW CITIZEN?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY STOPPED AND DETAINED A FELLOW CITIZEN UNDER FALSE PRETENSES AND WITHOUT REASONABLE SUSPICION?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY ARRESTED A FELLOW CITIZEN WITHOUT JUST AND REASONABLE CAUSE?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY COMMITTED BATTERY UPON A FELLOW CITIZEN WHEN THE USE OF PHYSICAL FORCE WAS NOT NECESSARY UNDER THE CIRCUMSTANCES?

HAVE YOU EVER COMMITTED BATTERY UPON A FELLOW CITIZEN AFTER HE OR SHE CEASED ANY RESISTANCE AND FULLY COMPLIED WITH YOUR ORDERS?

HAVE YOU EVER COMMITTED BATTERY UPON A FELLOW CITIZEN SIMPLY BECAUSE YOU WERE ANGRY?

HAVE YOU EVER KILLED A FELLOW CITIZEN UNDER CIRCUMSTANCES THAT DID NOT REASONABLY JUSTIFY THE USE OF DEADLY FORCE?

HAVE YOU EVER ARRESTED A FELLOW CITIZEN IN ORDER TO HELP SATISFY OR FULFILL A DAILY OR WEEKLY "ARREST QUOTA"?

HAVE YOU EVER STOPPED AND DETAINED A FELLOW CITIZEN SIMPLY BECAUSE YOU THOUGHT THAT HE OR SHE WAS ATTRACTIVE?

HAVE YOU EVER SOLICITED OR ACCEPTED SEXUAL FAVORS FROM A CITIZEN THAT YOU HAVE ARRESTED OR THREATENED TO ARREST?

HAVE YOU EVER DRIVEN YOUR MOTOR VEHICLE AT SPEEDS FAR IN EXCESS OF THE LEGAL SPEED LIMIT EVEN THOUGH THERE WAS NO LEGAL REASON FOR DOING SO?

HAVE YOU EVER KNOWINGLY AND INTENTIONALLY PLACED OR "PLANTED" FALSE INCRIMINATING EVIDENCE ON A FELLOW CITIZEN AT A CRIME SCENE?

HAVE YOU EVER KEPT FOR YOUR OWN PERSONAL GAIN, PROPERTY OR CONTRABAND THAT WAS CONFISCATED DURING A TRAFFIC STOP OR INCIDENT TO A SEARCH AND/OR ARREST OF A FELLOW CITIZEN?

HAVE YOU EVER CONDONED OR APPROVED OF ANY OTHER LAW ENFORCEMENT OFFICER COMMITTING ANY OF THE ACTIONS ENUMERATED IN THE PROCEEDING QUESTIONS?

The results of such a test might surprise a few government employees and elected officials, but it is doubtful that the general public would be surprised at all. The question is whether the government types who have been entrusted to police the police really want to know the truth. I seriously doubt it. But I have little doubt that many South Carolina residents do!

A closing point to consider...when a person resists a police officer’s request to search their car, it is almost universally assumed by law enforcement that the uncooperative driver must have something to hide. The logic goes something like this...if you have nothing to hide, then you’ll grant permission to have your effects searched. That being said, is it then fair to expect that the same logic could be used in an attempt to get police departments to submit to the aforementioned questions while tethered to a polygraph machine?

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