My Open Letter to Law Enforcement

For 25 years I carried a badge and swore to uphold the law.  The actions that I am seeing today by local and state law enforcement officers are causing me to question many things.

I had the honor and privilege of taking the Oath of Office three times.  First when I joined the Army, second time with the Bureau of Prisons, and lastly on March 11, 2002 at 8:46 A.M. when I was sworn in as a Federal Air Marshal.  At 8:46, the same time the AA Flight 11 struck the North Tower of the World Trade Center.  Talk about compelling and powerful; this was probably the most emotional moment in my law enforcement career.

I was always proud to raise my right hand and repeat those words:

“I, Hector Fernandez, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will, well and faithfully, discharge the duties of the office on which I am about to enter. So help me God.”

Perhaps the one sentence that has always been important to me is “I will support and defend the Constitution of the United States against all enemies, foreign and domestic”.

During this national crisis, this line has never been so clear and at the same time so blurry.  I have observed how state and local police departments are forced to execute the draconian edicts enacted by politicians.  Things like “Stay at Home” orders under the threat of fines or imprisonment.  As I have written before, to me these actions are unconstitutional and in violation of several articles of the United States Constitution.

While legislatures sign away the rights of law abiding citizens, it is up to the state, city, or county law enforcement officers, to enforce them.  The more I think about it, the more I am conflicted.  The government is turning law abiding citizens into criminals, but why? 

All these people want to do is have some sense of normalcy in their life, a life that has been suddenly interrupted by a virus and the government response to it. 

How is it arresting a father for playing T Ball with his child, away from everyone and following the “guidelines”, accomplish anything?  Meanwhile state governors are releasing hardened inmates to our neighborhoods using the Coronavirus as a pretext.  It doesn’t make any sense to me.

As a retired law enforcement officer I understand the position in which these officers are in, but at the same time I am faced with a moral dilemma.   I am sure most of these people know these police officers and vice versa, especially in small town Sheriffs and Police Departments. 

These people are not common criminals, they are your bankers, car salesman, restaurant operators, waiters and waitresses, teachers, in most cases everyday law abiding citizens.  These people love their communities and their country, and to be put in a form of “involuntary” house arrest without a trial, out of work, and without any type of due process, it is a crime against the principles this country was founded upon.

Human beings are not built to be naturally separated from each other or to live in isolation.  People want to be able to be free to walk, catch some fresh air, spend time with their families, earn a living, and feel like a worthy human being.  American citizens have been put in this position, not by their own actions, but by those of government.

Americans are smart and resilient people, they understand what needs to be done, but government insists on treating them as little kids.  Eventually people will reach a breaking point, and you see it already by the many anti “Lockdown” rallies across America. 

People are going out to streets to defy these government and their unconstitutional edicts.  What are you seeing in places like California, New York, and Michigan, are things you expect to see in the streets of Caracas, not in Los Angeles or Detroit.  Government overreach and disregard for people’s rights were among the main reasons for the American Revolution. 

Most Americans are well aware of their constitutional rights, and yes, they’ll play along with the government, but when you make a human being feel worthless, even the most law abiding citizen is going to rebel and strike back.  

These citizens have protested those edicts respectfully and without violence towards law enforcement.  They have exercised their God given rights and those afforded to them by the Constitution.

This brings me back to the function of law enforcement during this constitutional crisis.  Like I said before, I get it, I understand why these officers have to do what they are doing, but are they morally right?  I guess that’s a debate to be held between themselves and their conscious.

As a law enforcement officer you are to defend the Constitution from all enemies, foreign and domestic.  Is arresting someone for exercising their freedom of speech, their freedom to assemble, or their freedom of religion, defending the Constitution?  I say is not.

These are the same citizens who serve you food, prepare your taxes, repair your vehicle, clean your town streets, and drive your taxis.  Next time you decide to arrest that single mother in the park, who’s following the guidelines and just wants to spend time with her child, remember that may be the same mother who’s going to render you assistance when you may need it the most.

Think about all these things the next time you want to issue a citation to a person who lost their job to not fault of their own or a parent who wants to be just that, a parent.

So, I want to ask my fellow law enforcement officers to exercise common sense during these trying times.  Remember citizens are already emotionally stretched, be of help, not another burden.  The people in your state, city, and towns will thank you for it.