Louisiana Law Enforcement Has Been Abusing An Unconstitutional Law To Arrest People For Trying To File Complaints
from the very-convenient-knowledge-of-the-law dept
Police officers aren't legal experts. No court expects them to know the intricacies of the laws they're paid to enforce. Close enough is good enough when it comes to pretextual stops, street-level friskings, and other assorted Constitutional skirtings.
But no one but a cop would know the ins and outs of stupid laws left on the books by careless legislators or how to wield them like weapons against those who dare to start hassling The Man. Got a criminal defamation law still laying around? Why not use it to arrest and charge critics gathering a few too many eyeballs to their personal blogs. Any number of charges, from disorderly conduct to "assaulting an officer" can be made to cover "contempt of cop" arrests. And every stupid "Blue Lives Matter" law has been abused at least once, with the oversensitive cops of New Orleans leading the way.
Given that two-thirds of the links above direct you to Louisiana law enforcement officers and officials, it should come as no surprise Louisiana officers are using another bad law to bring criminal charges against people who aren't absolutely enthralled with their law enforcement experience. (via The Watch)
On April 30, 2015, William Aubin Jr. was at home with his wife in Livingston Parish, Louisiana when a patrol car from the sheriff’s office pulled onto his street. The deputy, William Durkin, was there to investigate a reckless driving complaint. Aubin wasn’t involved in the incident but he knew about it and went outside of his home to speak with Durkin. During a vulgar and combative conversation, according to Aubin, Durkin repeatedly called Aubin a “pussy.”
“I’m calling your supervisor,” Aubin said. “I’m gonna get you fired.” Aubin took out his cell phone, called the sheriff’s department, and started walking back towards his house. But before he made it inside, Durkin arrested him. The charge: intimidation of a public official — a felony that in Louisiana carries a maximum penalty of five years’ imprisonment.
This isn't the first time the law's been used to charge someone for attempting to file a complaint. Michael Stein of In Justice Today points out the same charge was leveled against Travis Seals, an arrestee seeking to file a complaint after he was pepper sprayed despite already being handcuffed. Seals got another charge added to his docket: public intimidation.
In both cases, the state DA showed up in court to defend the use of the law to charge citizens looking to file complaints.This law should have been tossed in the legislative trash last year when a federal judge had this to say about it:
In a September 2017 ruling, Chief Judge Brian A. Jackson of the United States District Court for the Middle District of Louisiana pilloried the application of the statute in the Aubin case. “The right to criticize the police without risk of arrest distinguishes a democracy from a police state,” he wrote.
The same thing happened in the Seals case. Another federal judge took a look at the law and found it egregiously unconstitutional, considering it could be deployed to arrest people complaining about cops, filing lawsuits against government officials, or voting for the "wrong" public officials.
Anything a public employee could possibly takes offense to can be construed as "intimidation." ANYTHING.
In August 2017, the ACLU condemned the statute after it was used in the case of a Northern Louisiana man who raised his middle finger to a state trooper.
Despite the law's clear lack of constitutionality, the state District Attorney continues to fight for the law's continued existence. So do law enforcement officials. Sheriff Ard -- a defendant in the Aubin lawsuit -- claimed the law was necessary to prevent "threats" from "influencing the behavior of police officers." Seems like better training and better officers would take care of this problem -- especially when the "threat" consists of curse words, extended fingers, and filing complaints.
Despite the legal challenges, the law lingers. It will continue to be abused until it's rewritten or stricken. State prosecutors have already shown their willingness to treat these as criminal violations, rather than law enforcement abusing the law and their position to shut down criticism of police officers.
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Filed Under: arrests, complaints, intimidation, intimidation of a public official, louisiana, police
Reader Comments
The First Word
“Liability Insurance
Surgeons have liability insurance, so if they mess up they can compensate their patients. If they mess up too much, they are no longer surgeons, since their premiums will skyrocket.It's time for all law enforcement officers to get the same. Instead of government entities paying out settlements, the insurance for the officers will pay out. When their behavior is too egregious, they will no longer be able to afford insurance and they'll no longer be a police officer. And if they're shunted off to a different department a few counties over, their premiums will follow.
Good police officers will keep their low premiums and keep their jobs.
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What do people have to do?
Tar feathers and even the stocks seem too good.
Candle Jack says we are going to need a whole lot more rope.
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claimed the law was necessary to prevent "threats" from "influencing the behavior of police officers"
What influence? It's already been known for a while that officers don't need to actually be intimidated or threatened; they just need to "think" their life "might" be in (a little) "danger". You could be injured, unarmed, innocent, a child, the family pet, holding a cellphone or a Wiimote, and that's enough to give the cop free reign over your civilian ass.
If having to interact with mean people makes these cops piss their pants, what business do they have being figures of authority?
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Re:
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Re: Threats
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Bad laws equal bad communities
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Re: Bad laws equal bad communities
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It's not just Louisiana
http://www.cbc.ca/news/canada/toronto/ontario-woman-arrested-jailed-in-u-s-for-driving-with-a- canadian-licence-1.4648561
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Enabling/Prosecutorial Discretion
That being said, I blame the prosecutors as much as the cops. They seem to want it both ways. They will justify their showing up in court and arguing for these laws because "they have to use the laws that are on the books". Then, when they don't want to throw the book at someone (and the book keeps getting bigger and heavier), or if it becomes a pr scandal, suddenly they can claim "prosecutorial discretion".
I like to call it "enabling", and not taking a stand for what they should. People talk about jury nullification as a way to stand up against bad laws - prosecutors can just choose not to pursue those charges.
There are some nasty realities out there now:
1. The desire for winning means throwing as many charges as they can to see what will stick (see Aaron Schwartz, among many others). If they were caught, they are guilty, and their job is to argue that side. The person's defense attorney is the only one that's supposed to advocate for their client. It's all about getting as many wins as they can, with no moral regard.
2. The cozy relationship police have with too many trades has become an issue. Reporters don't want to lose sources, so they don't report bad things, or spin things (note: this is also true in politics and sports reporting - all too many journalists now are part of the machine they report on). And prosecutors are too indoctrinated into the us vs them philosophy. See Ken's post over at reason: http://reason.com/archives/2016/06/23/confessions-of-an-ex-prosecutor
But I blame the prosecutors for not having a chat with the cop in a back room somewhere saying this isn't ok. They are supposed to be a parent here in a way, as a safeguard. They are failing.
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Liability Insurance
It's time for all law enforcement officers to get the same. Instead of government entities paying out settlements, the insurance for the officers will pay out. When their behavior is too egregious, they will no longer be able to afford insurance and they'll no longer be a police officer. And if they're shunted off to a different department a few counties over, their premiums will follow.
Good police officers will keep their low premiums and keep their jobs.
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Re: Liability Insurance
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Don't worry, the government has heard the cries of the people telling them to raise taxes so that they can pay for more stuff.
What if I told you that government can save you from everything? Would you vote to give it that power?
What if I told you that when you do, they will only use it against you? Would you even care?
Government is the greatest proof of Stockholm Syndrome. People are constantly assaulted by government and yet they ask for more!
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A rich and greedy asshole might not have been the one that set up your government but a rich and greedy asshole will soon be along to take it from you... usually with your undying affection and permission too.
We all know how to take candy from babies... and rich people know how to take all of your liberties away under the guise of protecting you.
You are still free to, not understand how or why, the entire time it happens to you though...
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Re: Re: Re: Re: Re: Re: Liability Insurance
Even on articles where Techdirt complains about the government you complain about it. It's obvious that short of every person on the planet giving you a blowjob, nothing will satisfy you.
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Obviously, this is incorrect.
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Obviously, this is incorrect.
If its treated as if its unlimited - then whats the difference?
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Re: Re: Liability Insurance
The taxpayers only get involved in the payout when the insurance company is able to show that the cops behavior was so far outside the norm that it isn't covered under the liability policy. Or alternatively, the insurance premiums go up if there are enough claimable cases in proportion to the premiums.
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Re: Re: Re: Liability Insurance
If premiums were paid by an individual, and that individual had to keep up that coverage, there would be incentive for reasonable behavior.
It works for doctors and contractors...
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Re: Liability Insurance
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Re: Liability Insurance
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Re: Liability Insurance
The same should go for prosecutors. All immunity should be stripped away. When they know they can be left without so much as a pot to piss in for abusing their authority they'll be much more careful to ensure they have the right person and are relying on what is legitimately best evidence.
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Ignorance of the law is no excuse, unless you wear a badge and have been trained on the law.
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Confused cop
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Re: Confused cop
Is it illegal to not report a violation of the law?
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Re: Re: Confused cop
Ah, see that's where you're confused. You see much like when a president does it it's not a crime, when a cop does it it's also not a crime, no matter what 'it' happens to be. As such it's flat out impossible to report a cop violating the law because their actions are, by definition, always within the law.
... I wish this was entirely sarcastic rather than all too true in far too many courts.
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Re: Re: Confused cop
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I mention this in hope that one thing will lead to another, and a Louisiana politician has Ancestry.com charged with "intimidation of a public official."
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Re:
The system is rigged.
It's a structural problem. The judges are not really bad people for perpetuating a rigged system. But while they're powerless to change it, judges lack the moral courage to resign in protest.
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Some of them are, that one juvenile court guy hopefully is still in jail.
Moral courage as opposed to financial courage?
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Ciavarella ?
If that's who you're talking about, Wikipedia points to a story from earlier this year, “Judge rules in Ciavarella’s favor in kids-for-cash appeal” (Jan 9, 2018).
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Judge Mark W. Bennett “assumed senior status on June 4, 2015.” It doesn't look to me, though, like he's staying on just for the full salary.
In his recent article, “Addicted to Incarceration: A Federal Judge Reveals Shocking Truths About Federal Sentencing and Fleeting Hopes for Reform”, Judge Bennett wrote:
And that article left me with one over-arching question. If the system —or a large part of it— — the federal sentencing system— if the system so shocked Judge Bennett's conscience, then why? why did he do it? why didn't he just quit?
I don't really think the salary is the motivation.
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probably useless advice
Anyone who threatens to file a complaint against a cop or sue the police department, while still under arrest or detention ... is either very naïve, recklessly brave, or just a complete idiot. Best option is to put your ego aside and get down on your knees whenever up against a cop, record the whole thing, then quietly file your complaint (or hire a lawyer and sue) later when you're far enough away to safely do so.
Likewise, never threaten to murder ....
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Hardly "filing a complaint"
Also, the guy probably should have asked himself if it was a good idea to engage with the deputy at all, considering his temperment. Someone who's willing to call a deputy a pussy and chew them out probably has a pretty short temper to begin with. Maybe a little self-control was in order?
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Re: Hardly "filing a complaint"
...It was the DEPUTY calling the RESIDENT a pussy.
But, yes, self-control was definitely in order.
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Neither am I, and that says a lot about the image that US cops are creating for themselves.
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Re: Hardly "filing a complaint"
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This same scenario plays out in prisons. Whenever a guard metaphorically drops his or her drawers and craps all over you and you tell that officer you're going to file a grievance against him or her, you get written up for "intimidating".
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"We must protect our delicate feelings."
So do law enforcement officials. Sheriff Ard -- a defendant in the Aubin lawsuit -- claimed the law was necessary to prevent "threats" from "influencing the behavior of police officers."
This of course does not work both ways, threats by the police against the public are very much protected and will be defended by their buddies in blue and the courts.
If 'you've been abusive and therefor I'm going to report you to your supervisors' counts as a 'threat', then pulling a gun, placing a hand on a gun, even implying that non-compliance might results in unpleasant circumstances for the non-cop should damn well count as well, yet I suspect you wouldn't see a prosecutor taking that case.
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Civil Rights Violators
and hurt those pussy's in the purse. They are walking all over you folks...and refuse to talk to any Pussy with a badge that should make it a lot tougher to fuck citizens around.Take the 5th don't give them any ammo.
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Dirty cops
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