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By Darius Spearman (africanelements)
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Morning Walk Leads to Amber Sherman’s Arrest in Memphis
An ordinary morning walk took a sharp turn for Memphis activist Amber Sherman on April 9. She encountered a police operation unfolding in a Black neighborhood (Threads). Witnessing the scene, Sherman did what many citizens now do when faced with police activity: she pulled out her phone and began recording.
That decision, however, appeared to trigger her interaction with law enforcement. Officers involved in the operation arrested Sherman shortly after she started filming (Threads). The simple act of documenting the police presence resulted in her detention. Subsequently, this incident raises questions about the right to observe and record police actions, particularly within communities often experiencing heightened police scrutiny.
17 Hours Detained: Memphis Activist Detained
Following her arrest, Amber Sherman was held in custody for a significant period. She spent 17 hours detained before her release (Atlanta Black Star). During the arrest itself, Sherman alleged that officers threatened her with mace, adding a layer of intimidation to the encounter (Atlanta Black Star). This claim underscores the potential volatility of interactions between citizens and law enforcement, even when the initial action involves filming.
Sherman was eventually released on her own recognizance, which legally means she was allowed to leave custody without having to post bail money. Instead, she gave her word, a personal promise, that she would appear in court for future proceedings related to the charges against her. Therefore, the court trusted her commitment to return based on factors like community ties and the nature of the alleged offenses.
Amber Sherman’s Detention Period
Disorderly Conduct & Obstruction: Amber Sherman Charges
Following her 17-hour detention, formal charges were filed against Amber Sherman. She faces accusations of disorderly conduct and obstructing a highway, both allegedly occurring during the police operation she filmed (Hoodline). These official charges contrast slightly with information from a social media post, which suggested she was initially arrested for “making a scene” (The TN Holler). This discrepancy prompted Sherman herself to question the legal grounds for her arrest upon release.
Understanding “Disorderly Conduct”
Disorderly Conduct: This charge often covers actions seen as disrupting public order or safety. Its definition varies, but common elements include:
- Using abusive, vulgar, or offensive language or gestures in public (Cornell Law School, Texas Penal Code).
- Making unreasonable noise (Cornell Law School).
- Creating hazardous or physically offensive conditions (Cornell Law School).
- Engaging in fighting or threatening behavior (eCFR, Wikipedia).
- Actions intended to cause public alarm, nuisance, or jeopardy (eCFR).
It’s sometimes viewed as a “catch-all” charge for disruptive behavior, and its application can be flexible (Cornell Law School, Wikipedia). The phrase “making a scene,” mentioned on social media regarding Sherman’s arrest (The TN Holler), could potentially align with elements like creating disturbances or using certain language, depending on specific local laws and officer interpretation.
Understanding the specific charges requires examining their legal definitions, which can vary. Disorderly conduct is often a broad charge covering actions that disturb public peace. Similarly, obstructing a highway typically involves blocking passage but can include disobeying police orders in certain contexts. These charges provide the official justification for the arrest, although Sherman contests their validity (The TN Holler).
Understanding “Obstructing a Highway” (Texas Example)
Obstructing a Highway: While laws vary by state, the Texas Penal Code provides an example of what this charge can entail. It generally involves preventing or interfering with public passage (Texas Penal Code). Key actions include:
- Physically blocking a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, or any other public passage, regardless of how the obstruction is created (Texas Penal Code).
- Disobeying a reasonable request or order from a peace officer to move (Texas Penal Code). This applies if the order is given to prevent obstruction of a highway or public passage, or to maintain public safety by dispersing dangerous crowds.
This definition extends beyond simply placing a barrier; it includes non-compliance with lawful orders related to clearing public ways (Texas Penal Code). The specific actions leading to this charge against Sherman in Memphis would depend on Tennessee law and the officers’ account of the incident.
Activist Challenges Arrest for Filming Police Memphis
Upon her release, Amber Sherman did not remain silent. She took to social media and publicly challenged the validity of the charges brought against her (The TN Holler). Sherman specifically questioned the legal justification, highlighting what she perceived as the arbitrary nature of the disorderly conduct and obstruction allegations (The TN Holler).
Her challenge brings the core issue back into focus: the arrest seemingly stemmed from her decision to film police activity in a Black neighborhood (Threads). By questioning the charges, Sherman implicitly questions the legitimacy of being arrested for observing and documenting law enforcement. Furthermore, her outspokenness turns her personal experience into a public point of discussion about police accountability and citizen rights during police encounters.
The incident involving Amber Sherman touches upon sensitive and recurring themes within the Black community regarding interactions with law enforcement. Filming police has become a common tool for accountability, yet incidents like this suggest the act itself can lead to confrontation and arrest. Ultimately, Sherman’s experience adds another voice to the ongoing conversation about policing, transparency, and the rights of individuals, especially Black individuals, when encountering police operations in their neighborhoods.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
