Recent video footage released by Oklahoma police shows an elderly black woman being pepper-sprayed by an officer after law enforcement entered her house to look for her son.
Did police really need to pepper spray this elderly woman?
The footage was captured in early August on a Muskogee Police Department body camera, and it shows officers kicking open Geneva Smith's front door as they pursued her son, Arthur Blackmon, 56. He entered the house after allegedly refusing to pull over during a traffic stop.
One officer fired a Taser at Blackmon, The Washington Post reports. It looks as if he was holding up his hands after ignoring officers' commands to approach police.
The officers can be heard shouting commands, some with weapons drawn as they shoved their way into the house. I'm sure to a small, 84-year-old feisty woman like Geneva they must have appeared frightening.
Even so, she apparently stood right up to them.
Some edited videos have surfaced on TV news outlets and on the social media. The videos show police approaching Blackmon's mother after he'd been Tasered and pepper-spraying her as she stumbles backward.
Police have released a full, uncut video that shows a sequence that's a bit more complicated. That video shows a white police officer discharging her pepper spray into the elderly woman's face. Smith turns her head, raises her arms and falls down.
On the uncut video, she is seen cussing at officers and seemingly ignoring their commands to turn around.
"Get out of my god— face!" she hollers at officers while she faces them by her front door. "I'm 84 years old, f—, don't f— with me! I ain't turning around for s— !"
A female officer is heard shouting:
"Turn around and face that way or I'll spray you."
Then several officers push past Smith to sweep her home and the elderly woman takes steps backwards with her hands down before she gets pepper sprayed. About 40 seconds elapsed between the time that Smith first spoke and she was pepper-sprayed.
Does a frail 84-year-old woman look that dangerous?
"My mother's 84-years-old, mother—," Blackmon yells.
"Oh, Lord, help me, Jesus," Smith says after falling down.
"My eyes!" screams the frightened woman.
In an interview with a local Fox affiliate, Smith said she'd just woken up and walked into her living room when she was confronted by police.
"I just come out and asked them what was going on, and they just pepper-sprayed me," she said.
According to The Root, Smith's family members said the elderly woman had to go to the hospital. They want an apology from the Muskogee Police Department.
The Guardian reports that officers were chasing Blackmon after he allegedly ran a stop sign and drove to his mother's house, according to police footage. He ran into the house and refused to come out.
Didn't it occur to anyone that this elderly woman may have been confused?
Smith was initially cited for resisting an officer, but the citation was dropped. Her son was charged with alleged drunk-driving, obstructing an officer, driving with a suspended license and illegally carrying a weapon.
Rex Eskridge, chief of the Muskogee Police Department told the Fox affiliate that the department released the footage for the sake of transparency.
"Videos can't give you the full sense of what happened but at the same time they do either validate or expose any warts that you might have," he said.
The department is conducting an internal investigation into the incident to determine whether officers complied with policy. In a statement, police said they used "non-lethal force" because Smith and her son failed "to comply with lawful commands."
And a spokesman said officers didn't enter the house until after they tried repeatedly to make contact and after hearing yelling and someone cry "call 911!" inside the house. That, the spokesman said, prompted concern for the safety of those inside, especially since the truck they chased wasn't registered at that address.
Wouldn't it seem that if police are going to barge right into someone's home and pepper spray them, that they should at the very least have a warrant to do so? Isn't this a violation of The Fourth Amendment? The very amendment that is supposed to protect us against unlawful search and seizures?
Related: The Supreme Court Just Destroyed The Fourth Amendment — The Police State Is Official Now
Unfortunately, this amendment is under attack all the time, and in one of the most recent cases, Fernandez v. California, the Supreme Court ruled, according to Oyez, that "although a warrant is generally required for a search of a home, the ultimate touchstone of the Fourth Amendment is whether the search was reasonable. Although warrantless searches are unreasonable when two co-tenants are present and one objects to the search, the Court has held that the same search is reasonable when the objecting tenant leaves."
I don't know if that applies here, but Smith was clearly not on board with police doing a sweep of her home. Were her rights violated in this case?
One certainly has to wonder.
"We can't ignore the fact that there was wrong on both sides," said Derrick Reed, a former local NAACP president and current city councilman in the ward where the incident occurred.
He praised the police for their efforts to be transparent in releasing the footage and for being responsive to community leaders, who are also awaiting the results of the investigation."
Other city council members — Marlon Coleman and Cedric Johnson, a longtime NAACP member, were also critical of the use of force that police used on Smith. They characterized it as an overreaction.
"This lady is 84 years old and frail…bottom line is Geneva should not have been pepper-sprayed," Johnson said.
"The officers had no reason to enter the dwelling on a minor thing as a traffic stop."
He suggested the truck should have been impounded and a citation issued later.
"You have a suspect who was not a murderer, he didn't rob a bank," Reed said. "He ran a stop sign, so their reaction was really excessive."
Smith's interaction with police that led to the pepper spraying shows that she was confused, Reed said.
Which is why Coleman is critical of police.
"I think had they followed some better policy, better procedure, better training in place, then this might not have happened," he said.
Officer Michelle Casady is allegedly the officer who pepper-sprayed Smith during the search of her home. Seven officers were involved, three of whom were allegedly in training.
This is the body-camera video released by Muskogee Police. Some of the images are disturbing.
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