Eric Garner 2014: Scanner Access and Police Accountability
On July 17, 2014, Eric Garner died during an arrest by NYPD officers on Staten Island—an incident that galvanized national debate on police accountability. What's often overlooked is that this pivotal case occurred when NYPD radio was still open to the public. Today, under encryption, the same level of independent awareness would not exist.
The Pre-Encryption Era
In 2014, NYPD operated on open radio frequencies that anyone could monitor. This wasn't unusual—it had been the norm for generations. New York City journalists, community monitors, and ordinary citizens had long listened to police scanners to understand what was happening in their neighborhoods and city.
This open access created an ecosystem of awareness:
- News assignment desks monitored scanners to dispatch photographers and reporters to breaking events
- Community organizations tracked police activity in their neighborhoods
- Copwatch groups mobilized to document police interactions
- Independent journalists could follow police activity without official access
- Civil rights attorneys monitored for potential misconduct cases
This ecosystem meant that when significant police incidents occurred, there was rapid, independent awareness outside of official channels.
What Open Scanner Access Provided
- Real-time alerts: Journalists and monitors learned about the incident as it was happening, not hours later through official channels
- Independent documentation: Multiple parties could respond to verify and document events
- Timeline verification: Scanner traffic provided independent records of response times and police narratives
- Pattern tracking: Long-term monitoring revealed patterns in police activity across neighborhoods
- Public awareness: Communities understood police presence and activity in their area
The Accountability Difference
The Eric Garner case became one of the most significant police accountability moments in recent American history. The phrase "I can't breathe"—Garner's words during the incident—became a rallying cry for police reform movements nationwide.
The extensive coverage and public discourse that followed was enabled, in part, by the open information environment that existed in 2014:
2014: Open Scanner Access
- Journalists alerted by scanner traffic
- Rapid media response to scene
- Independent monitoring of police statements
- Community awareness in real-time
- Multiple information sources for verification
- Historical record of communications
Today: NYPD Encrypted (2024)
- No scanner alerts to journalists
- Media dependent on official statements
- No independent verification capability
- Communities unaware until told
- Single source of information: police
- No independent communication records
The Counterfactual Question
It's impossible to know exactly how events would have unfolded differently under encryption. But we can identify what would not have existed if NYPD had been encrypted in 2014:
- Journalists would not have been alerted by scanner traffic about the incident
- Community monitors would not have had real-time awareness
- The initial news cycle would have started with NYPD's official narrative
- Independent timeline verification would have been impossible
- Pattern data about police activity in the area would not have existed
The bystander video—which proved essential to public understanding—existed independently of scanner access. But scanner access contributed to the broader ecosystem of monitoring, documentation, and accountability that surrounded the case.
The Decade Since
In the ten years between Eric Garner's death and NYPD's encryption in 2024, the department had many opportunities to point to cases where scanner access endangered officers or operations. They found none that justified encryption.
When NYPD finally encrypted in 2024, they did so without producing evidence that open radio had caused specific harms. Meanwhile, the benefits of open access—demonstrated in cases like Eric Garner—were well documented.
Eric Garner incident occurs with NYPD radio open
Ten years of open radio access continues without documented harm
NYPD implements full encryption, ending public monitoring
Broader Implications
The Eric Garner case illustrates a pattern that has played out across the country: the very moments that spark public demand for police accountability are also the moments that demonstrate why scanner access matters.
- Ferguson, 2014: Scanner access helped journalists cover police response to protests
- Baltimore, 2015: Open radio provided context during Freddie Gray protests
- Minneapolis, 2020: Scanner monitoring continued during George Floyd protests
In each case, open scanner access provided independent information that contributed to public understanding of police activity. As more departments encrypt, this independent information source disappears.
The Accountability We're Losing
What encryption eliminates from public discourse
Police departments that encrypt their communications often frame the choice as a technical or security decision. But the Eric Garner case demonstrates that it's fundamentally an accountability decision.
When police radios are encrypted:
- The public's ability to independently understand police activity is eliminated
- Journalists must rely on official statements rather than real-time information
- Community monitoring becomes impossible
- Historical records of communications are controlled solely by police
- Accountability coverage is delayed and diminished
These are not abstract concerns. They are the concrete mechanisms that enabled comprehensive coverage of incidents like Eric Garner's death. Without open scanner access, future cases will unfold in an information environment controlled entirely by police.
Honoring the Legacy
Eric Garner's death sparked a movement and changed how millions of Americans think about policing. Part of what made that possible was the open information environment that allowed journalists, community members, and civil rights advocates to document, verify, and discuss what happened.
As we remember Eric Garner and work toward the accountability reforms his case inspired, we should also protect the tools that enable that accountability—including public access to police radio communications.
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Sources & Further Reading
- Department of Justice investigation into NYPD practices
- New York Civil Liberties Union reports on police oversight
- Radio Television Digital News Association (RTDNA) scanner access documentation
- Academic studies on media coverage of police accountability cases
- Historical records of NYC scanner-based journalism