Comment on What is a stupid question?
thermal_shock@lemmy.world 3 months agoI don’t think this is stupid. cops overstep their authority a lot, saw a video yesterday where a cop arrested a woman for not allowing him to test her tint. in the USA, you are not required to provide assistance to the police in an investigation against yourself, it’s the 5th amendment. they arrested her for “obstruction”, which directly violated her 5th amendment right to not incriminate herself.
you’ll see many where cops overextend their power and try to bully citizens into following non lawful commands just because the cop feels like bossing people around.
youtu.be/Yj6YXF5qh7w?si=SNZVn9Jkgp_MoNZ4
so I don’t feel it’s a stupid question whatsoever, if your freedom is being jeopardized with the threat of being placed in a cage, that arresting officer better damn sure know wtf he’s talking about and not basing all this off feelings. cops like to do what they want, even when proven wrong, and they get away with it without consequences, so why would they care about actual law when they can make shit up and later go “oops”. while leaving people in their wake with lots jobs, children taken from them, property damaged, etc.
some_guy@lemmy.sdf.org 3 months ago
You can’t interfere with an investigation. Refusing to let them test your tint is not valid under the fourth (NAL). It applies to not providing them information.
Example (NAL): You don’t have to tell them your name. They can charge you for obstruction, but if you have the means to fight it, I think that would be a beatable charge.
My example is people who scream why five hundred times in the backseat after failing a field sobriety test or deliberately trying to run (or other cases when there’s obvious reason for the arrest). This is very different from contesting, such as the college student athlete who is suing a department because an officer power-tripped and arrested him when he was obviously fine / not impaired.[0]
[0] reason.com/…/iowa-cops-arrested-a-sober-college-s…
thermal_shock@lemmy.world 3 months ago
I said fifth. you don’t have to f so their investigation for them or aid in any way.
some_guy@lemmy.sdf.org 3 months ago
Whoops, I mixed them up. My mistake. Fifth for remaining silent, fourth for unreasonable searches.
thermal_shock@lemmy.world 3 months ago
4th should apply too, but yeah, you can’t make someone incriminate themselves lol.