05-20-2015, 01:07 PM
(05-20-2015, 12:36 PM)Belsnickel Wrote: It shouldn't land them in court, though. I agree that when we demand a trial when they followed protocol it will inhibit their job. At the same time, this isn't something that says we should not question policies or protocols. Just that if an officer is following the guidelines they are supposed to be following we should not be bringing criminal charges. If the public feels that the policy needs to change then push for that change, but we can't blame officers for doing their jobs within the rules provided to them.
The biggest reason for this apprehension, which btw is a much better description than fear, is, from what I've heard and understand, the charges brought against the officers for false imprisonment related to a wrongful arrest. LEO's do not, and cannot, know every law on the books. This is especially true as laws are constantly changing/morphing. This is not confined to LEO's btw, I've seen ADAs make similar mistakes as it is virtually impossible to know the entirety of the penal code. If you arrest someone for an illegal knife that turns out to actually be legal you are protected by a lack of criminal intent during the normal commission of your jobs duties. If it was a butter knife then the "reasonable person" would not believe the knife to be illegal. The line between what makes a folding knife illegal or legal can be a matter of an 1/8" or a small double edge near the tip of the blade. To charge an LEO with illegal arrest and false imprisonment over such an issue essentially paralyzes their ability to efficiently do their job and is, quite simply the most egregious example of Mosley's pandering to a riotous mob.
When you, as an LEO, know that you can be completely sold out by a state's attorney for reasons other than legal you are going to approach your job with a sizable, and understandable, amount of apprehension.
