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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRookie-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.
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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???
rug
(82,333 posts)Asshole.
Android3.14
(5,402 posts)Puckered asshole.
Logical
(22,457 posts)Not being intimated by them.
Hoppy
(3,595 posts)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)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)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)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)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 Dont Have the Right to Remain Silent
The Supreme Courts terribleand dangerousruling this week on the Fifth Amendment.
On Monday, in a case called Salinas v. Texas that hasnt 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 youre arrested, when the police are just informally asking questions. The courts move to cut off the right to remain silent is wrong and also dangerousbecause 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
Fla Dem
(23,698 posts)End the tyranny of these RW judges.
Bernardo de La Paz
(49,013 posts)underpants
(182,843 posts)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)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.
underpants
(182,843 posts)turbinetree
(24,703 posts)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
Ilsa
(61,695 posts)So why wasn't he arrested?
blackspade
(10,056 posts)nadinbrzezinski
(154,021 posts)Jokerman
(3,518 posts)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.
MrScorpio
(73,631 posts)How interesting.
lpbk2713
(42,760 posts)This time they tried it on the wrong person and ended up with egg on their face.
BWAHAHA
Rex
(65,616 posts)nt