Kentucky lawmaker wants to give police the power to detain people who don't answer their questions...
[reason.com]
6
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5 comments
Feel free to reply to any comment by clicking the "Reply" button.I think police already have that power. If a police officer stops you consider yourself detained. If the officer asks to see your ID you have to show your ID. If you do not cooperate with the police they can and will arrest you. Then you can try to find yourself a lawyer to help you come to your senses and get you out of jail.
iThink
Level 9
Jan 21, 2020
1
rway:
Yeah, I think they can already detain you for up to 24-hrs for no reason whatsoever.
Maybe Kentucky's different... but I think that's already the case most everywhere in the U.S.
In many scenarios the cops' job is to figure out what happened, establish order, and remove the instigator if necessary. Often, they can't do that without cooperation.
They're trying to restore order in your community, on your behalf. You can either help them out, or sit in the back of the cruiser as an "unknown" variable while they figure it out on their own.
You get "detained" for the sake of order in the community every time a traffic light turns red.
You have a natural right to hit the gas pedal any time you feel like it, but you waived that right when you opted into the traffic laws by driving on a public street.
The same is true when you're being questioned by a cop. You have a right to go about your business. But, if restoring order in the community requires your participation (especially if you are the source of disorder) then you are expected to take a minute or two and provide it. That expectation has been encoded into laws like this one for people who just can't be bothered, or for those who want to reserve the "right" to quickly slip away before it becomes clear that they were the problem in the first place.
It's not "tyranny", it's just law enforcement. Law enforcement exists to protect somebody's rights, that is its only legitimate function. Now... I'm sure you have every expectation that your rights will be protected if the need arises. This is the cost of that protection; the obligation to step up when somebody else needs the same help.
I support police and want them to have the tools to do their job, but I have to agree that this would open the door to abuse.
Daveclark5
Level 8
Jan 21, 2020
1
Legalizing tyranny. I bet this guy in Kentucky is real good friends with the Governor Blackface of Virginia.
KCSantiago
Level 8
Jan 21, 2020
1
If you’re being detained and cannot walk away you are under arrest, pure and simple. Two hours or two minutes, doesn’t matter. Calling it something different does not make it so. Perhaps someone should detain Rep. Meredith and force him to read the Constitution, pausing briefly to savor the 4th and 5th Amendments. Based on his actions I believe we have probable cause.
GaryWitt
Level 8
Jan 21, 2020
4
rway:
big difference between "can't walk away at the moment", and "you're not going home until the Judge says so."
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