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The Donut Factory
Scoping out the donut aisle at the 7-11 is always a
rewarding experience. The glazed, the powdered, the
jelly-stuffed—they sometimes put me in a mind to write about
cops.
For instance: Things were looking up. all the incredible,
magnificent ups and downs of northern New Mexico and southern
Colorado. Gorgeous stunning spellfuckingbinding rays blooming from the
sunset side of La Veda pass. I finally found not one but three AM
stations among the muck of static. I rolled a couple smokes, ran over
a family of skunks, shot out a few road signs, surfed between a couple
of ball games and a Tex-Mex station. Then the cherries were rolling
and the heavy duty mega-halogen hit the rear view and smashed into my
eye-balls like particles in a supercollider. Fuck.
The cop is overpolite, a little twitch with a cannon on his
hip. I give him my license; he begins the routine. Tail light out, so
sorry. The insurance and registration take a little longer; I have to
hunt around a minute. I’m remembering what the last Colorado cop told
me: “Driving without insurance is a jailable offense in Colorado,
sir.”
Officer Twitch is saying something: “Sir, are you in
possession of, or carrying in your vehicle, any loaded weapons or
ammunition, illegal drugs or drug paraphernalia, alcohol or other
contraband?”
“No.”
“Blow in my face, please.” By my mild oath, he actually
said this.
I blow.
“Could you please blow more directly, sir? Like this,
please.” Twitch demonstrates, puckering up and blowing a thin stream
into the dark night. Again, I blow. “How long have you been on the
road, sir?”
“About four hours.”
“And where are you coming from tonight, sir?”
“Taos.”
“And what brings you to La Junta today, sir?”
“A wedding.”
“And how much sleep did you get last night, sir?”
“Excuse me?”
“How much sleep did you get last night, sir?”
“I don’t know. Seven hours.”
Twitchy heads back to his car. I’m smoking and the butt burns down to
my fingers. I’m thinking, if I pitch this thing out the window, he’ll
deal me a thousand dollar fine for littering. My ashtray was ripped
off a few month back. I crush it out on the side of the car door.
Twitch returns with my documentation. “Here’s all your paperwork, sir.
I’m going to give you an oral warning tonight, sir. Your driver’s side
tail-light…” He drones for a moment and then:
“With your permission, sir, I would like to have a look at the inside
of your vehicle.”
First thought: I’m clean.
“You mean with my permission.”
“Yes, sir. I have a form you can sign giving me permission to search
your vehicle.” Which, as I’m stepping out of the car, he produces.
“Well,” I tell Officer Twitch, “if the choice really is mine, then I
decline. I want to get where I’m going, and for you to search my car
is a waste of time for both of us.”
He considers this a moment. “Well. In that case, sir, I will have to
radio in to my supervisor and explore other options. If you’ll wait in
the car please.”
I can’t believe my ears. “Wait a minute,” I say. “You’re telling me
that if I don’t waive my fourth amendment right, you’re going to look
for a way to circumvent it?” I jerk my pen from my shirt pocket,
forgetting for a moment about Twitchy’s sidearm. “Then I might as
well sign.”
I don’t even read it. All I see is a phrase near the bottom, in bold
print, the words WITHOUT COERCION. Bullshit. I throw my trunk open
for inspection; the light works fine.
“There. That white powder is laundry detergent. There’s more on the
floor in the back seat.”
“What’s this?” Twitchy asks.
“It’s a paper puncher. It’s for binding books.” I inventory
everything he looks at. He lifts up the carpet and peers underneath.
Then he rips up the foam liner that’s been undisturbed since this car
came off the line twenty years ago.
“Step back from the vehicle, please, between the two cars.”
He opened each door and rummaged through the things in the back
seat—books, clothes, recycling—eliminating what little
rhyme or reason there had been. He’s digging around ion the holes in
the seats, flashing his light under the dashboard, pawing around in
the glovebox, wreaking a sort of dispassionate havoc on my
belongings.
After a half hour of this, I found my keys (which I’d left
on the driver’s side floor) under a pile of miscellaneous refuse on
the passenger seat. I took off, and because I was steamed, I may have
left a few issues unresolved, so maybe I can attempt to clarify those
here.
Twitch, you did not identify or attempt to identify
yourself to me by name or number at any time, but you were driving a
patrol car with plate number CSP-731. I believe you took one look at
my hair and beard and decided that I fit some sort of profile that you
had been trained to identify at some point during the academy. You
assumed on sight that I would be in possession of something
contraband, that I posed some sort of threat to you and your way of
life. Because that’s the line they sold you in the donut factory. They
convinced you and a lot of other people that the way you look has
everything to do with who you are, and that one look is enough to
determine a man’s value. And because you believe this, you fear those
who are different from you. And because you fear, you are willing to
put aside their, my, our rights as guaranteed in the Constitution.
The reason you didn’t find anything in my car is that what
you were looking for wasn’t there. But I was smuggling
something past you that night: an awareness of my own freedom. Until
the day you can pull me over and confiscate my soul, you won’t be able
to deprive me of that.
And one more thing: whatever you were looking for could be
in any given car at any given time, day or night, or in my pocket, or
in the mail. It could be anywhere. There are thousands of cars on each
stretch of road, and thousands of stretches on thousand of roads. Are
you willing to search them all? I believe you’re at least willing to
try, and when you do, you will have lost. Because you believe that
burning a flag or smoking a little pot is worse than subverting the
intent of the Constitution. You might even say that this is the lesser
of two evils. But it’s not. You commit treason every time you
disregard the rights of another American. It’s a betrayal of the
foundations of your country.
I’m not talking totalitarianism here. Totalitarianism
happens when the power-pigs overcome the will of the people once and
for all. I don’t see that happening here yet. We know damn well that
we have a lot of freedoms and we think we know what they are. And
believe me, Twitch, anybody who attempts to deprive me of mine will be
in for a very long and ugly fight.
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