Note To LEOs: “We’re Conducting an Investigation” Doesn’t Mean You Have a Right to Suspend the Constitution
BY Herschel Smith
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.