I post this excerpt from The Hitch less because I care to discuss this topic, and more because I am so in love with the acid wit, the elegance of phrasing, and the sort of gentlemanly disarray that you can feel emanating off any page blessed with his scrawlings:
More recently, I was walking at night in the wooded California suburb where I spend the summer, trying to think about an essay I was writing. Suddenly, a police cruiser was growling quietly next to me and shining a light. “What are you doing?” I don’t know quite what it was—I’d been bored and delayed that week at airport security—but I abruptly decided that I was in no mood, so I responded, “Who wants to know?” and continued walking. “Where do you live?” said the voice. “None of your business,” said I. “What’s under your jacket?” “What’s your probable cause for asking?” I was now almost intoxicated by my mere possession of constitutional rights. There was a pause, and then the cop asked almost pleadingly how he was to know if I was an intruder or burglar, or not. “You can’t know that,” I said. “It’s for me to know and for you to find out. I hope you can come up with probable cause.” The car gurgled alongside me for a bit and then pulled away. No doubt the driver then ran some sort of check, but he didn’t come back.
In the first instance, I found again what everyone knows, which is that there are a lot of warped misfits and inadequates who are somehow allowed to join the police force. In the second instance, I found that a good cop even at dead of night can and will use his judgment, even if the “suspect” is being a slight pain in the ass. But seriously, do you think I could have pulled the second act, or would even have tried it, or been given the chance to try it, if I had been black? The “Skip” Gates question is determined just as much by what can’t and what doesn’t happen as it is by what regularly does. (Colbert I. King of the Washington Post once wrote a very telling column about how his parents instilled in him the need for punctuality. The underlining of their everyday lesson was that if you were late, you might have to run, and a young black man racing through the streets could well be detained before he reached his lawful destination.)
Via kottke.