How to tell if a cop is doing something wrong

A simple litmus test any of us could apply

If we privatize the police force and remove immunity, we could see much friendlier police officers… like this fella, who is definitely not hiding something suspiciously in his right hand.

While thinking about the proper role of law enforcement in a free society (and yes, there is a proper role, but it’s extremely narrow), I thought of a simple litmus test we can all apply when judging a cop’s behavior.

“As a regular person without a badge and uniform, can I do the same thing they just did and not go to prison for it?”

If the answer is no, then what the cop is doing is immoral, should be illegal, and has no place in a free society.

For example:

1. Stopping cars to check a driver’s ID or because they thought the car was “suspicious” somehow. If you or I did that, it would be considered harassment or even assault.

2. Searching through someone’s car or house to find drugs. If you or I did that, it would be considered breaking & entering, and, if you took that drug or whatever you were looking for, it would be considered theft.

3. “Arresting” somebody for “possession” of some “illegal” thing. Whether that’s a particular gun, drug, alcohol, you name it. If you did that and brought them back to some facility and put them in a cage, it would be considered kidnapping and you’d probably have a SWAT team bearing down on you shortly. Also, there is no such thing as an “illegal” object. Any laws prohibiting the possession of things are wrong.

What is the (very) limited role law enforcement could have in a free society? Well, you still need tough men to deal with murderers, rapists, thieves, and deal with the dregs of society. Most people would rather not do that, so it makes sense for it to be a paid profession.

But the number of laws that a police officer would be able to enforce in a free society would likely not exceed about 10 (e.g. murder, rape, theft). Once you get rid of all the immoral laws forbidding possession of things, plus all the random tax and regulatory laws floating around, and then simplify the remaining laws, there’s not that much left. Indeed, I suspect most lawyers would soon be out of a job. They thrive on confusion and complexity, and free people have no need of that.

Finally, a police officer operating within a free market environment without a government would not have “immunity” from prosecution. They would have to think before they go and break into someone’s house or kidnap someone: “Would a judge reasonably deem this to be acceptable behavior if a private citizen did it?” Yes, if they’re breaking into a house because someone is being murdered and they need to stop the murderer. Not so much if it’s because they think the occupant has marijuana.