Common Police Misconceptions

The difference between the 3 modes of interaction:

  1. Consensual – public is not required to tell the truth or provide ID
  2. Detained – requires Reasonable Articulable Suspicion (RAS) of crime
  3. Arrest – requires probable cause

Most bad police interactions are related to police not obtaining Reasonable Articulable Suspicion of a crime.

Suspicion alone is not a misdemeanor or a felony.  It is not a crime and not sufficient to justify detention.

“We got a call” is usually not sufficient to justify detention.

In states like Pennsylvania that are not “stop and ID states”, the public does not have to provide identification unless they are legally arrested.

This is a serious limitation on officer’s ID Addiction.

Officers are lazy about doing an investigation – they prioritize gettting ID

 

Officers must restrain their desire to play the ID lottery and understand that policy does not trump the 4th amendment.

  • The 4th amendment requires extensive training.

People may walk. along the side of the road if there is an easement, regardless of whether a sidewalk exists.

Many police do not understand that taxpayer owned buildings and land is public property unless it is marked as a restricted area.

 

Freedom of speech or of the press does not require that one is employed by a media outlook, just as freedom of religion does not require employment by a church, synagogue or mosque.

Plain view doctrine – I can photography or video anything I can see from where I am standing if my location isi public.

 

Trespass:

  • you can’t be trespassed from public property just because a government official doesn’t like you — you first have to have broken some other law
  • The difference between a trespass warning and criminal trespass:
    • Trespass warning –
      • you must be allowed to leave without detention
      • you can’t be required to provide ID unless you committed some other crime for which you are lawfully detained or arrested
      • if you return, the way you can be identified is by a sworn witness
    • Criminal witness –
      • You may be arrested and identified if you return or fail to leave

The difference between a primary and a secondary charge:

  • You can not be guilty of resisting arrest unless there is some primary charge for which to arrest you.
  • failure to ID is a secondary charge that applies if you are requied to ID

 

Policy vs Law

  • The public does not have to comply with police policies:
  • Police should be wary that their adherence to policy does not infringe on the public’s rights (identification)

 

Disorderly conduct is often misused as a contempt of cop charge

 

Interfering/hindering is a physical action.  One can not obstruct by taking pictures or speaking.

 

here say – you can’t count second-hand information as grounds for RAS or PC.

 

The public do not have a responsibility for following HIPPA.  The providers are the one’s responsible.

 

What is a lawful order?  It’s not just whatever an officer says.(2)

 

Passengers in a car don’t have to provide ID unless there is RAS of a crime.

 

Misconstrue “no photography” in the courtroom to cover areas outsiide the courtroom.

 

Excessive force:

  • You can not taser, etc without a sufficient threat
  • Threatening to taser, etc to get compliance, especially with an unlawful order is a civil rights violation

 

Obstruction

The 5th amendment can no be obstruction

 

Different types of warrants:

 

State law does not trump federal law:

Panhandling: only aggressive panhandling where you accost someone and get in their face can be outlawed.  Holding a sign and speaking is protected speech

 

refuse to admit they were wrong.  Instead say: “I don’t want to argue“

 

PA vs Mimms:

Abuser: blame victim for causing the problem

Malignant loyalty: they cover for other officers’ bad behavior