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85 UMKC L. Rev. 625 (2016-2017)
Resisting Arrest and Racism - The Crime of Disrespect

handle is hein.journals/umkc85 and id is 651 raw text is: RESISTING ARREST AND RACISM - THE CRIME OF DISRESPECT Professor Scott Holmes* Maybe all she had left when her words ran out was this smack of action. Maybe her heart is a charred city, charmed city Her son, her last ember. We take her footage into our eyes and mouths, add our own soundtrack and lean political.' I. INTRODUCTION - JOHN HILL John Hill is a poor black man, his body covered in burn scars. He was riding his bicycle down Alston Avenue in Durham, North Carolina to his job at a convenience store. As he neared the intersection at North Carolina Central University Law School where I teach, he saw the light was red. Having cycled through the intersection many times on his way to work, John timed his pedaling perfectly so that the light turned green as he entered the intersection. A Durham City Police Officer, Officer Daniels, saw John and initiated a traffic stop for entering the intersection while the red light was still red. Officer Daniels was a member of Durham's High Enforcement Abatement Team (HEAT)' charged with drug enforcement and investigations. He was not a regular traffic control or patrol officer. Officer Daniels' job was handle crime 'hot spots,' and not issue traffic tickets.' Officer Daniels exited his vehicle and violated protocol when he did not have the audio microphone running on the recording equipment. But, the video dash cam in his patrol vehicle captured the incident.' As Officer Daniels approached John, John tried to explain that he did not run the red light. He told * Scott Holmes is a Clinical Assistant Professor of Law at North Carolina Central University, where he supervises the Civil Litigation Clinic and teaches classes. He graduated from the University of North Carolina at Chapel Hill for both Law School and undergraduate studies. He worked as a public defender for a few years before entering private practice, where he handled court appointed criminal cases in state and federal court, at trial and on appeal. He is grateful to his Criminal Procedure class of 2016 for collecting data, his colleague professor Elizabeth McLaughlin Haddix at the UNC Center for Civil Rights for invaluable guidance, critique, and editing for this article. He is also grateful to all of the clients who permitted him to assist them in Court and tell their stories here. I DERRICK WESTON BROWN, Mother to Son. 2015. Baltimore, in RESISTING ARREST: POEMS TO STRETCH THE SKY (Tony Medina ed., 2016). 2 District 1, DURHAM NORTH CAROLINA, https://durhamnc.gov/200/District-1 3 Id. 4 To watch the video of John Hill's arrest, see Southern Coalition for Social Justice, Excessive Force by Durham PD, YouTube (Jun. 12, 2014), https://www.youtube.com/watch?v-QunwfEE- MmE

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