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The Honolulu Advertiser

Posted on: Monday, October 13, 2003

ISLAND VOICES
Beware dangers of too much authority

By Lance Batemen

I am concerned by the push to alter the Hawai'i Constitution to allow implementation of "Walk and Talk" and "Knock and Talk" efforts by the police or other authorities — policies that have been declared unconstitutional by the state Supreme Court.

To quickly review: "Walk and Talk" refers to police approaching an individual without any evidence of wrongdoing and asking if they can question or search the individual. In the past, if the individual refused, the police often took this refusal as evidence of wrongdoing and proceeded. This action was illegal, and it was obviously an act of intimidation.

"Knock and Talk" refers to a similar program, but one where the police would call on your home, again, without the requirement of any evidence of wrongdoing.

Many are stating that the perceived threat of ice justifies such a change in our Constitution. Others fall back on the justification that "if you haven't done anything wrong, you have nothing to fear." That is a total reversal of our system of justice in which we are presumed innocent until proven guilty.

Acceptance of invasive approaches, such as many of the provisions of the Patriot Act, or programs of "Walk and Talk" or "Knock and Talk," assumes all officers will have benign intent and follow all guidelines closely. That's a dangerous assumption.

In September, we were going through the Tulsa, Okla., airport. This is a small airport, and there was only one security line accessing the concourse. I was amazed at how many security people there were and counted them — 17. I asked one if I was counting correctly, and he referred me to his manager, sitting at a desk behind us — making the count 18. The manager rose and asked in a tone of authority, "Do I need to talk to you?" I chickened out and answered no.

So yes, I worry that we are being changed into a country where questioning authority can put an individual at risk. And I've personally seen the results of passing laws that we would have expected from the U.S.S.R., not the U.S.A. I hope the true patriotism of protecting what made America great — our liberties and our freedoms — once again becomes respected and popular.

Lance Bateman, of Honolulu, is an operations manager at a statewide insurance agency and a local theater actor.