1srelluc
Diamond Member
Three federal judges sided with a mechanic suing Huntsville officers for false arrest, writing in an opinion this week that Alabamians do not have to show identification when asked by the police.
Roland Edger sued the city and two Huntsville officers, alleging they wrongly arrested him outside a church four years ago as he attempted to repair a customer’s car. Body camera video shows the officers arresting Edger as he, at first, declined to show them his driver’s license.
“So to summarize, it has been clearly established for decades prior to Mr. Edger’s arrest that the police are free to ask questions, and the public is free to ignore them,” a three-judge panel for the 11th Circuit Court of Appeals said in a unanimous opinion issued this week.
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Judge Charles R. Wilson, writing for the panel, said that Edger had not committed any crime, therefore police had no basis for arresting him. The judges also noted that Edger was not driving at the time and therefore was not required to show his license.
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“Further, neither the parties nor our own research can identify any Alabama law that generally requires the public to carry physical identification — much less an Alabama law requiring them to produce it upon demand of a police officer,” Judge Wilson wrote. “There simply is no state law foundation for Officer McCabe’s demand that Mr. Edger produce physical identification.”
Edger’s lawsuit can go forward against Huntsville Officers Krista McCabe and Cameron Perillat, the judges ruled. The judges found that the officers are not entitled to qualified immunity — a legal doctrine that shields public officials from lawsuits when they are performing official duties — because they went beyond the bounds of the law when arresting Edger.
www.al.com
I've noticed that the new hotness in police interactions is for them to charge people with "obstruction" when they don't want to answer their questions or don't tell the truth. Never mind that the whole point of obstruction laws was for physically obstructing/impeding an officer.
Freedom is scary.
Roland Edger sued the city and two Huntsville officers, alleging they wrongly arrested him outside a church four years ago as he attempted to repair a customer’s car. Body camera video shows the officers arresting Edger as he, at first, declined to show them his driver’s license.
“So to summarize, it has been clearly established for decades prior to Mr. Edger’s arrest that the police are free to ask questions, and the public is free to ignore them,” a three-judge panel for the 11th Circuit Court of Appeals said in a unanimous opinion issued this week.
..
Judge Charles R. Wilson, writing for the panel, said that Edger had not committed any crime, therefore police had no basis for arresting him. The judges also noted that Edger was not driving at the time and therefore was not required to show his license.
..
“Further, neither the parties nor our own research can identify any Alabama law that generally requires the public to carry physical identification — much less an Alabama law requiring them to produce it upon demand of a police officer,” Judge Wilson wrote. “There simply is no state law foundation for Officer McCabe’s demand that Mr. Edger produce physical identification.”
Edger’s lawsuit can go forward against Huntsville Officers Krista McCabe and Cameron Perillat, the judges ruled. The judges found that the officers are not entitled to qualified immunity — a legal doctrine that shields public officials from lawsuits when they are performing official duties — because they went beyond the bounds of the law when arresting Edger.
Federal judges side with mechanic suing Huntsville: ‘The public is free to ignore’ police questions
Bodycam video shows Huntsville police arrest man for initially declining to show his ID.
www.al.com
I've noticed that the new hotness in police interactions is for them to charge people with "obstruction" when they don't want to answer their questions or don't tell the truth. Never mind that the whole point of obstruction laws was for physically obstructing/impeding an officer.
Freedom is scary.
