imported post
This commentary is directed at the officers involved in this incident.
Every officer involved in this arrest should do several things:
1. Really take some time to learn about the laws you are expected to enforce. Pay
special attention to the case law (U.S. Supreme Court, etc.) related to the 4th and
5th amendments of the U.S. Constitutions and California's stop & identify laws (or
lack thereof).
You are woefully under-educated and under-trained. This lack of proper
understanding of the laws you are sworn to uphold and enforce is putting you at
serious risk of having your lifestyle substantially diminished. I really can't
understand why someone would expose themselves to such legal risks.
Someone is not looking out for your best interests.
Please try to find the Local/California/Federal law(or case law) where it says it is
illegal for a citizen, on foot, to refuse to provide I.D. or refuse to answer a single
question of yours. "Obstruction" isn't going to fly. The 5th Amendment is not a
crime. Refusal to answer your questions is not a crime and arrest is not a
legitimate option for you for such refusal. It seems that you participated in an
unlawful arrest and may have been the only ones on the scene actually
committing crimes.
It may be too late for you to learn the proper actions in a situation such as this,
but for yours and your family's sake, if you plan to stay in Law Enforcement,
please take the time to learn about the laws you will be enforcing. Anything less
is completely inexcusable. If your Department has trained you to act in the
manner you displayed in this incident, they have done you a great disservice (not
to mention their gross disregard for citizens' rights).
2. Seriously consider resignation from your job. The level of incompetence you have
shown in this situation is staggering. You have grown too comfortable with your
power. You clearly have not kept up with case law (for decades) and other legal
restrictions on what you are allowed to do with regard to questioning, detentions,
searches, seizures and arrests. In short, you are truly CLUELESS! That is simply
unacceptable in your position. You have forgotten your oaths and whom you
really are supposed to serve.
The only things you were allowed (arguable on the Constitutionality of the
e-check) to do in this situation was: a.) Politely ask questions (you are not
entitled to any answers, but you can ask), b.) Observe if there was any evidence
of a crime about to be or having been committed, and c.) do an "e" check(check
for loaded) that would take about a minute or two, return the firearm and be on
your way.
LV Metro just went through OC training a couple of months ago due to similar incidents.