When Miscommunication Turns Tragic
On August 18, 2016, Daniel Harris, an unarmed 29-year-old deaf man from Charlotte, North Carolina, was shot and killed by a state trooper. He was reportedly caught speeding but did not hear the sirens of the police car requesting he pull over. What should have been a routine traffic stop proved fatal for Harris, who was shot by the officer just a few feet from his home after getting out of his car. The hard-of-hearing man was reportedly scared of police because of several misunderstandings with police officers. Trooper Saunders has been placed on administrative leave and an investigation into the shooting is underway.
In another incident on February 12, 2013, Jonathan Meister was removing some snowboarding equipment that he had stored at a friend’s house when the police showed up because someone had reported a burglary. When the officers began to cuff his hands behind his back, he pulled his hands away in an attempt to communicate in sign language that he couldn’t hear the responding officers. What followed was a brutal series of tasings and Meister being pinned to the ground by four officers, who claimed he was making “aggressive hand signals.”
Tragically, for deaf and hard of hearing people, cases like this are not uncommon. Many people in the deaf community have had violent, sometimes even fatal encounters with police officers — many of which were the result of an inability to understand each other. So what can be done?
How Can One Stay Safe When Interacting with Police?
It is clear that law enforcement officials need more training about how to interact with hard-of-hearing individuals, and it is the responsibility of police departments to make sure this training takes place. But in the meantime, there are some things the deaf community can do to avoid language-related misunderstandings. Things can go wrong very quickly, so it is important to stay calm and follow a series of steps to ensure that you are understood, and that you understand, the situation.
Marlee Matlin, the Oscar-winning deaf actress, has teamed up with ACLU and advocacy group HEARD to make a video about deaf rights in interactions with police and the importance of educating law enforcement about deaf people.
Staying Safe During a Routine Traffic Stop
Matlin recommends keeping a card with information about your specific situation in your car visor, so you can pull it out as soon as the officer arrives at your vehicle, without having to reach for your wallet or glove box. On the card, explain the specific nature of your hearing impairment, such as whether you read lips or need an interpreter.
In the event that you are pulled over, come to a stop as soon as possible in a safe place and put both hands on the wheel. After making eye contact with the officer, use the universal sign of deafness–and if the officer does not understand, gesture that you need a pen and paper. Matlin advises against touching the officer at any time, as it may be perceived as a threat.
Although an interpreter is unlikely to be called during a normal traffic stop, if you should find yourself confused at any point by what is going on, repeatedly request an interpreter or other assistive listening aid, until your request is granted.
If You Are Arrested–Know Your Rights
In the event that you are taken into police custody, it is the responsibility of the police department to provide non-biased interpreters. Your family members shouldn’t be pressed into service, nor should a police officer be allowed to interpret for you. Police officers are also responsible for providing any assistive listening devices you may need.
You have the right to ask if you are being detained, and if not, you are free to go. If you are stopped on the street, make sure you ask the officer if you are free to go before walking away. You have the right to refuse a search of yourself, your car, or your home conducted without a warrant. While police officers may pat you down, or glance at the contents of your car, they may not conduct more extensive searches without your permission, or a judge’s warrant. If you say no, make sure your objections are clearly recorded.
If arrested, immediately contact your attorney and request an interpreter, and do not speak with the police until both have arrived. Do not sign any documents without your attorney present, and make sure that you understand all of what it means. As you interact with the police, keep notes on important facts such as badge numbers and patrol car numbers.
Matlin provides a variety of other steps to ensure safe interactions with police in her video, here. The more you know about your rights, the more empowered and safer you will be in encounters with members of the police force.
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