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Yes, Even Snot-nosed Punks Have Constitutional Rights

We are seeing more and more of these police interaction videos these days. Increasingly, these interactions are planned by those wishing to assert their rights.

Here is one making the rounds today.



I have seen many comments on these videos that amount to "the snot-nosed punk had it coming. If he just did what the police wanted, he would have had no problems."

While that maybe true, the bottom line is that even snot-nosed punks have constitutional rights. He doesn't lose his rights to object to unreasonable search just because he has attitude. Yes, he is a punk. But he is right.

In a world in which the obscure and unreasonable ways we all might be breaking the law expand exponentially every day, it is that much more important to uphold the fourth amendment. The police should not be able to use such stops as a pretext for such searches and to skirt the law with trained dogs. Period.

*subhead*Jerk or Just? Both?.*subhead*

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17 comments:

busto said...

Garden variety 4th amendment stomp. Nothing to see here sheeple.

For the moment, these "papers, please" checkpoints are illegal in MI (I believe video was taken in TN).

Something I do see regularly here in MI, are these stormtroopers stomping on the rights of protestors outside of abortuaries.


Harry Seldon said...

Pat Archbold said:

"Yes, he is a punk. But he is right."

What a strange thing to say. What makes him a punk? Sounded polite and reasonable to me.
--
Anyone supporting the cop in this scenario deserves what is (quickly) coming for them.

Fr. Andrew said...

I also thought the young man was concise and simple in his conversation. He was non-cooperative but that doesn't mean punk.

Furthermore, it takes guts to standup to officers who are armed, older, and larger.

Anneg said...

Shouldn't the officers have asked for license and registration? And, it is a DUI stop shouldn't they have at. Least done a breathalyzer? I think they acted badly.

Jeffrey Stuart said...

I don't think the kid was a "punk."

Fr. Denis Lemieux said...

You say 'punk', I say 'citizen.'

Fr. Denis Lemieux said...

Actually, Mr. Archbold, I'm kind of shocked that you would call him a punk. Wherefore punk? His age? Very odd language on your part.

Subvet said...

Yep, he had a chip on his shoulder trying for a scenario such as this. The cops played right into it too. Shame on them.

Subvet said...

Yep, he had a chip on his shoulder trying for a scenario such as this. The cops played right into it too. Shame on them.

fxr2 said...

I agree with Sub-vet, The kid has a chip on his shoulder.

That being said, I do not know what state this is, but the Police Officer is a stupid "jerk".

If this was New Jersey asking pertinent questions about the driver's age and asking him to roll the window down certainly are not violations of his rights. Driving is not a right. Age, specifically 21, effects numerous laws. Failure to comply with a Police Officer's instructions when asking for a Driver's License, Registration and Insurance card or to "pull over there" is reason to detain you.

The Officer is ill-tempered, and apparently not very bright, but, I would not rely on a video such as this to get out of any trouble.

Yo, Arch. you on the wrong side here!


fxr2

fxr2 said...

I agree with Sub-vet, The kid has a chip on his shoulder.

That being said, I do not know what state this is, but the Police Officer is a stupid "jerk".

If this was New Jersey asking pertinent questions about the driver's age and asking him to roll the window down certainly are not violations of his rights. Driving is not a right. Age, specifically 21, effects numerous laws. Failure to comply with a Police Officer's instructions when asking for a Driver's License, Registration and Insurance card or to "pull over there" is reason to detain you.

The Officer is ill-tempered, and apparently not very bright, but, I would not rely on a video such as this to get out of any trouble.

Yo, Arch. you on the wrong side here!


fxr2

Nick D said...

Incredible. The police are no longer protectors of the peace, or crime-stoppers, for that matter. Their job has gone from stopping crimes in progress to reporting crimes once they're completed.

Oh, and committing crimes by trampling on the constitutional rights of lawful American citizens. More and more they're becoming bullies, abusing their power. I've hear it called "trickle-down tyranny." They see Obama and Co. violating all sorts of rights and forcing their own wills on Americans, so they just follow their superiors' examples. Disgusting. And it will most likely only get worse.

Mary Kay said...

This 'punk' probably had adults in his life that taught him his rights and obligations. His behavior didn't seem rude.
I was stopped a couple of years ago in my small town. I was on the way to my son's home to get help with my car. My license plate, although not in its official spot, was in the rear window. I explained that because of arthritis in my fingers, I could not a fix the plate correctly. I was made to get out of my car while they did a blue-glove search. My car was impounded. It cost me over $500 that day just to get back on the road.
I'm an RN and was teaching for a local college at the time. I did not look in any way threatening.
I was ultimately given a verbal apology at my court hearing---no return of towing charges and fees. There is definitely something wrong with these situations but I doubt there is anything we can do about it now. The problem has gotten way out of hand. I admire the young man for standing up for his protected rights, despite intimidation.

William Meyer said...

Instead of dismissing this because "the kid has a chip on his shoulder" (so many here seem omniscient -- remarkable) we might consider that a) he may have been pulled over before, so had some awareness of the police attitudes, or b) that one or more friends of his may have had similar experiences.

A clue is that he had set up a camera for the occasion, something one would not do unless one had reason to believe that something was amiss.

It is also telling that the police, on observing the camera, first shone a flashlight on it, then relocated it so it would not record their subsequent actions.

If any of you find comfort in what the police did, I shall pray for you.

David C said...

I don't see this kid as a punk at all. He was respectful and calm. Sure didn't take the cop long to blow a stack once he felt his "authority" threatened though did it?

TerentiaJ said...

Here is a youtube video from 5 yrs ago of a law professor and former criminal defense attorney speaking about 5th amendment rights and why you should never speak to police under any circumstances without a lawyer present. http://www.youtube.com/watch?v=6wXkI4t7nuc
An attorney friend has a script on the back of his business cards which starts as this kid did by asking, "Am I being detained?" If they say no then ask, "Can I leave." If they say yes you are being detained, or as in the case of this video refuse to answer, you say, "I want my attorney." According to my friend and the lawyer on the video, this is all you say. Just keep repeating it. For anyone tempted to think, "Hey if I'm not doing anything wrong, why not just answer their questions?", watch the video. The lawyer will tell you why.

Unknown said...

I've known a lot of snot nose punks in my lifetime. I do not see this young man as one.

I've thought about getting a dashboard or action camera before just to cover myself.

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