As if things weren’t difficult enough for police in terms of public support, now we can throw in enforcing unconstitutional orders as well.

Politicians are putting orders in place which are presumably intended to keep citizens safe from the COVID-19 pandemic, which include stay at home orders, shutting down businesses, social distance orders and requiring masks in public.

Law Enforcement Today has been reporting for weeks about these orders and the police officer’s role in them. Sheriffs around the nation have spoken up and told their political leaders that they would not be enforcing said orders if they violated their citizen’s constitutional rights.

So what’s an officer to do if he happens to work for a department who hasn’t made such a declaration?

What would happen if he just said no? If he just decided that he wasn’t going to obey an order from a superior that violated people’s rights?

Well, he’d likely be disciplined in some way. He may even lose his gun and badge for insubordination.

But, that’s exactly what he should do, according to Ray Dietrich, founder of America’s Keepers and Thin Blue Line podcasts.

Dietrich released a video on Twitter and had this to say on the subject:

“I’ll tell you what I’d do. If you’re not willing to do that, that’s fine. But here’s what I would do:

“‘Deputy Dietrich, I want you to arrest this man for illegally protesting on the steps of the Capitol in Sacramento.’

“‘No. I will not. That is unconstitutional. This person has a right to protest per the US Constitution. I feel this is an illegal order and illegal arrest, Sir.’

“Here’s what’s gonna happen: You do that, maybe you have a crazy department that takes your badge and gun, sends you home. Probably you don’t, but if you do, be the patriot. Take that fight to that city, to that county, to that state. You will get your job back. Arbitration will be your friend.

“But, if nothing else, you took a stand. That Constitution means something. This country and freedom mean something. It’s not just when it’s convenient.

“The old ‘I was following orders’ doesn’t f—king fly when you’re trampling on the Constitution. Stand up.”

Additionally, Dietrich pointed out that police often don’t have the voice that other people do, especially online. Police can hardly pick a favorite soda publicly without someone complaining and risking getting in trouble with their department, much less speak out in dissent against orders from a chief, mayor, or governor.

They need their unions to do that for them.

Earlier this week, Law Enforcement Today wrote about the New York Police Benevolent Association speaking out about police officers’ role in social distancing enforcement. The PBA President, Pat Lynch, said, in short:

“The NYPD needs to get cops out of the social distancing enforcement business altogether.”

The NYPD does indeed need to get their officers out of that type of enforcement, but they aren’t the only ones.

All of our law enforcement unions need to speak up for their officers. They need to be the voice that each individual officer doesn’t have.

If they don’t, the price to pay could be detrimental.

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Dietrich went on in his video post to say:

“What I’m seeing out there now is not good for anyone. It’s not good for citizens of this country, it’s not good for law enforcement, and it’s not good for the Constitution.

“I’m in a unique position being a former officer…of being able to speak my mind.

“I’m calling on these unions and independent thinking sheriffs to step in here. It’s time to fight illegal orders, guys. You are risking losing all of the support that a lot of people have really pushed for over the last 10, 20 years.

“But the very people that support us are the ones that are getting caught up in some of these unconstitutional enforcements I’m seeing all over the country. We’re talking about enforcing face masks and social distancing and orders from the governor to do this or that. Or businesses being closed and owners arrested.

“So let’s talk about that. Let’s start with your oath. Who remembers their oath? You swear it to the Constitution, not to your police chief, mayor, governor. They cannot supersede this Constitution. You cannot do certain things, or you start falling under deprivation of rights…which will get you in a lot of trouble.

“Look, unions, you need to get out there and tell your story. I saw something from New York, their PBA came out and started this narrative and started this conversation, because we know that the officers on the line can’t fight back on social and say, ‘Hey, I don’t want to enforce this. This is unconstitutional.’

“Unions, step in there!”

Dietrich went on to outline a protest that occurred in Sacramento where peaceful protesters who were on the Capitol’s grounds started being arrested for violating the newly enacted order that said people couldn’t gather on Capitol (public) grounds.

Dietrich continued:

“Let’s be real: The left hates the cops. If you want the right to hate the cops too, keep doing this. Then we are f—ked. I can’t be more clear.

“Arresting patriots for peacefully assembling is not a good look. Violating the Constitution because your boss wants you to is not a good look. Arresting people…because now there is social distancing and this guideline and that guideline…that’s not law, not put through Congress is unconstitutional.”

He then discussed the high number of inmates being released in the country due to concerns over COVID-19 in our jails and the absurdity of replacing those inmates with business owners who are opening against stay at home orders in place.

He continued:

“We have to think, people. Follow your oath. Your oath is everything. We have to do better. We cannot be writing tickets for not wearing masks and social distancing.

“This is how you lose all support.

“Unions, get the messages out. We are turning on our own people. These governors are making illegal orders. They’re so close to house arrest. They’re destroying America.

“Unions, get that message out! We are going to get creamed and no one is going to support police if this continues.”

I would have to say that I’m in agreement with Dietrich. Officers have the responsibility to refuse to enforce orders that are unconstitutional. We are rapidly losing support from people on all ends of the spectrum by making ridiculous arrests. It’s much harder to earn support back from the community than it is to keep and build on what we already have.

Likewise, unions have the responsibility to speak out for their officers and to be the collective voice to ensure both that their political leaders and their communities know without question that there will be no enforcing of orders that go against the United States Constitution.

New York’s PBA has done a good job laying the foundation, and other unions need to follow suit. But ultimately, each individual officer will have to make the choice to stand up, stand behind what their unions push out, and stand up for the Constitution.

Unions, speak out against the unconstitutional orders. Officers, accept the support of your union and refuse to enforce them.

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