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DetlefK

(16,423 posts)
Fri May 6, 2016, 07:21 AM May 2016

Rookie-cops arrest attorney for exercising "right to remain silent".

http://www.rawstory.com/2016/05/new-jersey-woman-exercises-right-to-remain-silent-and-state-troopers-arrest-her-anyway/

The dashboard camera footage shows Stazzone approached the vehicle on the passenger side and asked Musarra for her license, registration and insurance.

"While you're looking for that, do you know why you're being pulled over tonight?" the trooper asked her, according to the tape. She claims she provided the documents but didn't respond.

After asking her several more times, Stazzone walked to the other side of her car, rapping on the window with his flashlight and again demanding a response.

"You're going to be placed under arrest if you don't answer my questions," he told her. Musarra claims the force of the flashlight chipped her window.

...

"Are you detaining me because I refused to speak?"

"Yeah," Stazzone replied, according to the video. "Yeah, obstruction," Gosa added.

The troopers placed her in the back of the car and Stazzone read Musarra her Miranda rights -- including "you have a right to remain silent" -- before taking her to the nearby State Police barracks in Washington.

...

She claims a supervisor, Trooper James Butler, later entered the cell to ask her what had happened.

"I said, 'Well, the trooper arrested me for not answering his questions,'" Musarra told NJ Advance Media. "And the supervisor indicated (to me) that was obstruction."

New Jersey's obstruction statute defines the criminal act as impeding law enforcement through "flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act."

Musarra said Butler then left to review the dashboard camera footage. After about 30 minutes, she claims, he returned and told her "a mistake was made, and to chalk it up to training, and that (Stazzone) was just a rookie."

Both Stazzone and Gosa joined the division in 2014, public payroll records show. Reached by phone, Stazzone declined to comment. Gosa and Butler could not be reached.

Musarra claims Butler then offered to get her car, which had been towed from the scene, out of impoundment for free as "a favor" and apologized for the incident.

She was never charged with obstruction or issued a summons as a result of the stop, records show. The whole ordeal lasted about two hours.




----------------

Still, 2 years on the job and you don't know that "obstruction of justice" and "you have a right to remain silent" ACTUALLY HAVE MEANINGS???
21 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Rookie-cops arrest attorney for exercising "right to remain silent". (Original Post) DetlefK May 2016 OP
The trooper "declned to comment". rug May 2016 #1
I saw that too Android3.14 May 2016 #2
Most cops do this shit just because tgey are pissed off about people..... Logical May 2016 #3
But it wasn't just the "rookies." The station supervisor also agreed the obstruction charge was Hoppy May 2016 #4
There are 2 explanations for this GummyBearz May 2016 #11
How do you think that plays out if she was a black man instead? Moostache May 2016 #5
Stazzone was later scene in the squarroom nykym May 2016 #6
Salinas v. Texas - Supreme Court rules you DON'T have the right to remain silent underpants May 2016 #7
That's exactly why we need to take back the Supreme Court. Fla Dem May 2016 #8
That ruling deserves more scrutiny and publicity. Thanks for posting. . . nt Bernardo de La Paz May 2016 #9
Oddly I learned about it in Facebook underpants May 2016 #10
Not the same situation Major Nikon May 2016 #19
Thanks underpants May 2016 #20
This is just total incompetence in the training at every level including society as ---------------- turbinetree May 2016 #12
"...Stazzone declined to comment." Ilsa May 2016 #13
No 1 Felony: disrespecting a cop. blackspade May 2016 #14
I am just going to guess she was white nadinbrzezinski May 2016 #15
I've witnessed this shit first hand. Jokerman May 2016 #16
So, the cop in question chooses to remain silent. MrScorpio May 2016 #17
Some times their intimidating bullshit works. lpbk2713 May 2016 #18
Got to weed out those stupid cops that cost the state money. nt Rex May 2016 #21
 

Logical

(22,457 posts)
3. Most cops do this shit just because tgey are pissed off about people.....
Fri May 6, 2016, 08:21 AM
May 2016

Not being intimated by them.

 

Hoppy

(3,595 posts)
4. But it wasn't just the "rookies." The station supervisor also agreed the obstruction charge was
Fri May 6, 2016, 08:22 AM
May 2016

warranted until he saw the video.

The supervisor was also "generous" to arrange for her not to be charged for having her car towed. Damn. Now there's a real servant of the people. A real gentleman.

 

GummyBearz

(2,931 posts)
11. There are 2 explanations for this
Fri May 6, 2016, 09:54 AM
May 2016

1. it is known that cops are allowed to lie about the law to get people intimidated into confessing, which could be the case here.
2. cops don't know the laws at all. they just have a vague idea of what the laws are and interpret the laws as they please.

Neither explanation makes cops look like the good guys they are supposed to be

Moostache

(9,897 posts)
5. How do you think that plays out if she was a black man instead?
Fri May 6, 2016, 09:31 AM
May 2016

I am betting that particular officer would "felt threatened" and "feared for his life" resulting in a "justified use of force" and another shooting.

There are too many ex-military police with itchy trigger fingers and feelings of inferiority that demand hyper-servitude from the populace. These types - or ANYONE like them or displaying similar behavior - have no business carrying a badge and a gun. They do not make me feel safer, just the opposite.

There are a lot of very important national issues at stake this year, but the control of local police departments is equally as big an issue in my eyes, and one that we can't afford to see put on the back burner.

nykym

(3,063 posts)
6. Stazzone was later scene in the squarroom
Fri May 6, 2016, 09:37 AM
May 2016

Writing New Jersey's obstruction statute defines the criminal act as impeding law enforcement through "flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act."
one thousand times on the blackboard.

underpants

(182,843 posts)
7. Salinas v. Texas - Supreme Court rules you DON'T have the right to remain silent
Fri May 6, 2016, 09:41 AM
May 2016

Not meant as a defense of the cop, this frighteningly bad ruling 3 years ago has received very little attention. Pure Scalia.

JUNE 19 2013 6:05 PM
You Don’t Have the Right to Remain Silent
The Supreme Court’s terrible—and dangerous—ruling this week on the Fifth Amendment.

On Monday, in a case called Salinas v. Texas that hasn’t gotten the attention it deserves, the Supreme Court held that you remain silent at your peril. The court said that this is true even before you’re arrested, when the police are just informally asking questions. The court’s move to cut off the right to remain silent is wrong and also dangerous—because it encourages the kind of high-pressure questioning that can elicit false confessions.

http://www.slate.com/articles/news_and_politics/jurisprudence/2013/06/salinas_v_texas_right_to_remain_silent_supreme_court_right_to_remain_silent.html

underpants

(182,843 posts)
10. Oddly I learned about it in Facebook
Fri May 6, 2016, 09:52 AM
May 2016

Someone share one of those click bait links. I read it and thought BS. Then I starting researching it. I was shocked. It never got any attention other than a few articles like I posted above.

Major Nikon

(36,827 posts)
19. Not the same situation
Fri May 6, 2016, 06:42 PM
May 2016

Salinas v. Texas refers to a case about someone who voluntarily cooperated and then withdrew that cooperation. I'm sure this attorney was well aware of that case which is why she never volunteered anything at any point and never indicated she was going to cooperate beyond what was legally required of her. That was the smart play. If you are or think you will be accused of anything, never cooperate at any point. It will only work against you.

turbinetree

(24,703 posts)
12. This is just total incompetence in the training at every level including society as ----------------
Fri May 6, 2016, 09:55 AM
May 2016

a whole, the police force at almost every level has been indoctrinated to act like a military fashion , shoot first ask questions later, intimidate the person in the car, there is just no training in using common sense-------first time and last contact in any given scenario,or situation.
Your already presumed guilty, you are stop, then tried, convicted, right on the spot, like its a kangaroo court and then when you go down into the police station, its just a bigger kangaroo court, with the same mentality has on the street, when you get stopped.

No wonder there is a social break down in justice in this country--------------------amazing, no common sense






Jokerman

(3,518 posts)
16. I've witnessed this shit first hand.
Fri May 6, 2016, 10:39 AM
May 2016

Having spent many of my early years "walking on the wild side" I've had more than my share of dealing with police officers.

I've never been arrested and nearly every encounter I've had with police has been amicable save for the one time a cop "ordered" me to do something that exceeded his authority. My simple reply was to him was "I'm sorry sir but you can't make me do that" to which he responded with "Don't try to tell me what I can or can't do you little shit."

In a matter of moments this officer and I were standing nose to nose screaming obscenities at each other. The only thing that kept this asshole from arresting me was when other officers arrived and diffused the situation by basically agreeing that the first officer had crossed the line.

I have no doubt in my mind that had I been a minority the outcome of this confrontation could have been much different.

lpbk2713

(42,760 posts)
18. Some times their intimidating bullshit works.
Fri May 6, 2016, 06:41 PM
May 2016



This time they tried it on the wrong person and ended up with egg on their face.

BWAHAHA

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