Disorderly Conduct and Probable Cause.

Posted: 25th July 2009 by Christopher Saikes in Current Affairs, Politics
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Pen Truth

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A Harvard professor, Henry Gates was arrested at his home for disorderly conduct in public.  At His Home!  Forget the racial aspect of this case for the moment, when does being irate on one’s own property allow the police to arrest one for disorderly conduct in public?

Similarly, if a person is stopped for suspicion of driving under the influence, admits to having consumed an alcoholic beverage, passes the DUI tests, that person will be cited for reckless driving.  If a person is pulled over for anything at all, the likely hood is that person will be cited for something, even if it is not what one was originally pulled over for.

I never drink and drive; however, I do see where the police will cite a person as punishment for not being submissive or as a vengeful act.  People do need to respect the law; likewise the law should respect the people.  Also, the public should not be seen as potential criminals by law enforcement.  In San Diego County the police have publicly stated that all deaths are investigated as potential murders until proven otherwise.

This is a very authoritarian stance.  It is also expensive because most deaths are natural or accidental.  Sadly, if anyone speaks out against the application of probable cause they are accused of not supporting law enforcement, just as speaking out against war gets one labeled as not supporting the troops.  We have, as a society become very submissive and therefore we have seen the erosion of our civil rights.  Being a civil society does not mean that we should be complacent.

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