©01 The Media Desk
The US Supreme Court has ruled that you can be Arrested, Handcuffed, Taken to the Police Station, Processed, Printed, and Detained... For almost anything.
Even a minor traffic offense which is punishable only by a minor fine... say, fifty bucks.
"We simply cannot conclude that the Fourth Amendment, as originally understood, forbade peace officers to arrest without a warrant for misdemeanors not amounting to or involving breach of the peace," Justice David H. Souter in the decision handed down in April.
The case stemmed from the arrest and detention of a Texas woman who was committing the ungodly crime of... not wearing her seatbelt. She was cuffed and hauled downtown by a city cop who evidently felt that the forty-something mother was a serious threat to the community and subjected her to the arrest with her kids in the car. They were, of all things, on their way home from soccer practice when the crime was committed.
The dangerous criminal eventually pled no-contest to the seat belt charge, and paid her fifty-dollar fine. Most likely the city lost money on the incident after they paid for her processing and detention into the bargain.
OK... So what?
While you are in police custody for your heinous act, say, perchance, something nasty goes down.
And all of the sudden you find yourself arrested for Capitol Murder of a Police Officer.
If you think that can't happen, you've never heard of Lisl Auman.
There is a lot more to the story about how she ended up in that police car, but suffice it to say she picked the wrong people to help her move out of her apartment. And in the end, a Denver Police Officer was dead, the man that shot the cop was dead by suicide, and Lisl, cuffed and locked in the back of a police car, was charged with the murder.
Charged and convicted, sentenced to Life Without Parole.
Don't believe it? Go to http://www.lisl.com and check it out. And prepare to get upset. This is a true story, independently verified and confirmed.
Lisl had no police record to that point. Had never been in trouble before period. She simply asked a stranger for a hand moving. The stranger was essentially a career criminal who was wanted for all sort of things, and ended up killing a cop and himself when the deal finally went down.
How does one play into the other?
Suppose you drive like you always do. No seatbelt. Maybe never using a turn signal. Or even driving with your handicapped placard hanging from the rearview mirror (That is illegal. Read the fine print on the card!). And some cop needing a few more points to make his quota for the month sees you. Or even just SUSPECTS you are a vicious multiple felon like that woman in Texas and pulls you over...
While you are cuffed and stuffed in the back of a cop car. You have no control over the situation. Anything you say is deemed a lie because all criminals lie, and if you are handcuffed and locked in a police car, you must be a criminal. And if they decide you were involved in something that is as obviously terrible as the murder of a police officer... What can you do or say to protect yourself?
Words of wisdom from a NINE TIME CONVICTED FELON, G. Gordon Liddy.
- You must cooperate to the point of telling them your name. That is the law. Period. Your name. That's it, nothing else.
- The next thing out of your mouth should be this... "I Want My Lawyer." No More. No Less.
- If the police or any authority asks you anything... Repeat Number Two.
Since the Supreme Court has decided we now live in essentially a Police State where otherwise honest citizens can be locked up and 'Detained for Questioning' or Investigation, or For the Heck of It. The Citizens need to hunker down behind the Constitution and wait it out.
The Court has slid to the Right since Bill Left. There is no doubt of that. Even without any new Justices being appointed.
Well, it needed to. A little.
But just looking at the last few rulings to come out. Perhaps it has slid too far to the right.
Let's hope it swings back toward the middle and catches a bad case of Common Sense.
And let's hope it does before any more Lisl Aumans happen.
The DESK supports the Free Lisl Auman Campaign. http://www.lisl.com
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