JSO Officer: “You must be doing something wrong if you invoke your rights"

Started by FSBA, August 31, 2014, 06:19:08 PM


spuwho

"You must be doing something wrong if you invoke your rights"

Is a common refrain from enforcement officers who don't understand how to reply to anyone who doesn't respond on automatic pilot to their questions.

It's the "you must be guilty before I can determine your innocence".

However, taking videos in front of a jail entrance can be construed as provocative, even if your constitutional motives were solid.

You Tube is rife with videos with responses such as this and it isn't just in Jacksonville where it occurs.

One guy got arrested at a random police barricade on the Nevada/California border because he refused to identify himself or where he was going. (Which you are not obligated to provide). He was polite, never was snarky to the officer, who pulled in his commander, who was rude and took personal offense at what he had deemed to be uncooperative behavior.

He went to court, beat the rap (4 tickets), found that the police did not set up the barricades per state law and the judge admonished the commander for not paying attention to the gentleman for invoking his rights.

The next time he went through another random barricade, they still didn't have it set up properly under the law. He was pulled aside once again for refusing to state his name and where he was going. But this time the commander in charge was well versed in the man's rights and on video tells him he is free to go with no issues.

In many of those cases, the enforcement officer is professional and polite, even when they take a hard line to someone not identifying themselves or invoking their rights. If the officer is worth his/her salt, they won't take it personally, they will look up the statutes in question and work the situation within the boundaries of their service.

A friend of mine got pulled over for illegal tinting on his car in Illinois. When my friend notified the officer that his quotation of the law was incorrect, the cop got belligerent with him and threatened him with resisting an officer. My friend didn't lose his cool, he asked the officer to have the statue read to him over his radio to confirm the translation.

Basically the cop thought the law meant any 1984 car or later was subject to the new tinting law. Turns out the law didn't say that, it said "any car made after January 1st, 1984". My friend opened his car door and the sticker showed his car was indeed a 1984 model, but the sticker showed it was made in Japan on November 14th, 1983. Once the law was read to the cop, and he saw the sticker, no apologies, just a "have a nice evening, you are free to go".

No cop is perfect, and they have to deal with such a wide range of enforcement issues. I can understand their dilemma.  However, I don't understand the lack of professionalism that has grown and the siege mentality against anyone who is not afraid to discuss or mention their rights.

I was an enforcement officer, (albeit briefly) and I understand all to well the animosity and behavior people have when police are involved. But never, never, should that be allowed to impact your judgment when dealing with the masses and their ability to abide by our laws.

ChriswUfGator

Oh give me a break there's no administrative order that says you can't film outside the courthouse.


TheCat

from facebook:

"If this is what a secured area looks like we should just hand over the keys to the city now."


mtraininjax

Poke the bear too many times and they put you in a hole in Cuba........
And, that $115 will save Jacksonville from financial ruin. - Mayor John Peyton

"This is a game-changer. This is what I mean when I say taking Jacksonville to the next level."
-Mayor Alvin Brown on new video boards at Everbank Field