Note To LEOs: “We’re Conducting an Investigation” Doesn’t Mean You Have a Right to Suspend the Constitution
BY Herschel Smith
1 year, 4 months ago
Apparently, it’s commonplace across America to teach police officers that conducting an investigation means they can do whatever they want.
Note in this first case that, in order, (a) she stopped the wrong individual, (b) apologized to him, (c) told him pointedly that he had broken no laws, (d) demanded his identification, (e) then told him failure to provide identification was obstructing a police investigation.
Note the logical problem they create for themselves (and the individual they’re stopped). A person has not violated any law, the officer demands ID, the individual is under no legal obligation to provide ID if there isn’t articulable suspicion of a crime, and then the whopper at the end, failure to provide ID is obstructing a police investigation.
Under that schema, there is never a time when an individual can refuse to provide ID because the cop can claim that they are “conducting an investigation” (a fabricated crime that even if it did occur, occurred after the erroneous stop because there was no articulable suspicion of a crime). This is a “Morton’s Fork.” The individual hasn’t committed a crime and thus no ID can be demanded, but an ID can be demanded because the demand itself cannot be refused or else the individual has obstructed an investigation.
This is the game idiots play, and it twists the ruling of the SCOTUS in “Terry Stops.”
Here is the lawsuit. The girl is a wrong and gullible but perhaps teachable, at least until she has her conscience seared by her co-workers. The supervising officer is just plain stupid, reactionary, volatile, bossy, and clearly not a thinking man. He’s perfect to be a cop according to modern hiring practices for LEOs.
The next case is like unto it. The cops demand to come within the property lines because, guess what, “they are conducting an investigation.” There’s that phrase again.
Here’s a quick note to cops everywhere. Conducting an investigation doesn’t give you the right to violate civil rights, regardless of what the wicked instructors have taught you in the police academy. You should know better.
These guys are just as bad as the ones above and obviously couldn’t care less about the constitution or their oaths. They are also obviously bullies.
On July 12, 2023 at 10:50 pm, PGF said:
The worst I’ve seen is someone arrested for resisting arrest. That was it, the sole charge. This means he got arrested for nothing, questioned that, and was charged with resisting. Logic is not the systems strong suit, but demoralization is.
On July 13, 2023 at 1:36 am, Got Donuts said:
Warrant or GTFO.
Say nothing beyond name, rank, serial number.
Low level state approved gang minions of Leviathan are not your friends, ever.
If detained exercise Miranda rights by staying silent and fifth amendment rights if it proceeds to court and never write down anything on paper if offered.
On July 13, 2023 at 1:53 am, Aesop said:
They won’t learn until it costs them their jobs, and/or their lives.
NTTAWWT
On July 13, 2023 at 6:28 am, Joe Blow said:
Man, one of the rare instances I will agree with M. Aesop and not call him a total tool.
Sue the ever living fuck out of any civic organization that violates your rights. Yes, I know you are costing yourself and other peoples tax money – your other recourse is killing them. Take the money, maybe they’ll get the hint? Judge should make the award come from the LEOs retirement fund. They’ll adjust parameters right quick, you can bet!
I never understood the hood mentality before. You know the drill, shooting on Friday night, 28 witnesses, nobody saw nuthin! I used to think they were avoiding pointing fingers, lest they be next. At this point (all the innocent dog shootings did it), I am under no desire to aid or assist law enforcement on anything, either. FUUUUUCK THEM!!!!
YOU DID THIS TO YOURSELF!
On July 13, 2023 at 8:31 am, Grumpy57 said:
Until individual officers can be sued, nothing will change….. unless Pb is added
On July 13, 2023 at 2:15 pm, Longbow said:
Hershel said, “You should know better.”
They DO know better.
They don’t care.
Like typical THUGS, they care only about what they can get away with.
You see, when you’re a member of The Gang, there is no “right and wrong”. There is only “What I want and what I don’t want.” There is nothing “Lawful or unlawful”. There is only “What I can get away with and what I cam’t get away with”.
Right now there is a cop saying to himself, “Jeepers, That’d never happen in my department… Oh, that WAS my department. But that’d never happen in MY squad… Oh, he/she/it was in my squad. Yeah, but me and my partner would never… oh wait… All you Civilians need to shut up and comply!”
On July 13, 2023 at 3:12 pm, Don't mind me. said:
No. More. Qualified. Immunity. Period.
On July 13, 2023 at 9:28 pm, snuffy said:
There’s probably at least 100k videos of this same type of interaction on YT. Maybe more. Yeah, it might just be good for something. I used to feel a little bad when a cop got killed. Between this kinda crap, and shooting family pets for no reason, that ship done sailed, and sank. The thing is, if you asked any of these cops in any video, they’d tell you they’re one of the good ones. Yet they don’t know the very basic rules of ID requirements.
On July 13, 2023 at 10:25 pm, george 1 said:
It has been said: “Police are a gang.”
In the second video this is a good example of gang behavior. The cops all knew full well they were in the wrong however the need to save face and show dominance overcame their oaths. Again very typical gang behavior.
It should be noted that in California, as well as some other places, it is quite possible that the cops you deal with may be actual members of a real criminal gang. Some have the tattoos to prove it.