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2nd Circuit to cop: someone observing all the laws is not "probable cause" for a search

2nd Circuit To Cop: Someone Observing All The Laws Is Not ‘Probable Cause’ For A Search

https://www.techdirt.com/2024/08/19/2nd-circuit-to-cop-someone-observing-all-the-laws-is-not-probable-cause-for-a-search/

It’s about the stupidest thing anyone could claim in defense of an unlawful detention and search, but Waterbury, CT police office Nicholas Andrzejewski did it anyway. He actually told a court…

9 comments

Fuzzy_Red_Panda

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I hope this guy's settlement includes a six-figure payout, as well as firing and banning the cop and sergeant from any future career in law enforcement.

Hey, let me dream.

conciselyverbose

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We need a federal law that blatantly illegal actions over some threshold of good faith by a law enforcement officer is an automatic federal crime. Unsubstantiated search against someone doing nothing anyone could consider suspicious? A year in federal prison.

It can't be just any unlawful search. For example, when they there's an actual crime in progress and they think there's exigency but the court rules otherwise, they shouldn't get in trouble for that. If the court rules there wasn't probable cause, but it's understandable where the cop is coming from, maybe that's a learning experience.

But aggressively approaching someone for doing literally nothing, then doing an obviously illegal search? Federal crime.

Delphia

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I used to say this on Reddit, make "Abuse of the public trust" a federal felony and make providing any form of law enforcement require a federally issued licence that you cannot hold if you have ever been convicted of a felony and should have to have being charged with one investigated. Dont even attatch a huge jail term to that charge, but guilty means you cant just move towns, cities, states or agencies and get another LEO job.

Now its awfly unpopular on here but I am a moderate when it comes to the cops. I think their biggest problem is the lack of trust from the community. Officers who make an honest mistake should be subject to a (stricter than it is) disciplinary procedure. But officers who willingly and knowingly abuse their power, plant evidence, take bribes etc should immediately be charged with a federal felony.

Now Inb4 defund the police, acab and all that shit... I just want the government to force the cops to live up to the badge. Embody the protect and serve motto. Be the people who deserve the respect they think they are owed. It should be a well paying job, it is dangerous and it isnt easy. But you shouldnt be protected if you are willfully abusing your power or deliberately breaking laws.

conciselyverbose

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The reality is you have to have law enforcement. There are perverse incentives from traffic enforcement all the way through civil asset forfeiture and fucking prison headcount quotas, but the structure of laws and enforcement are how we have a society.

With that power comes responsibility, which is why abuses of power need to be treated extremely harshly.

And spend those big bucks on training instead of equipment. Good people make bad decisions when they're not prepared properly for a situation. Prepare them instead of arming them to the teeth.

aniki

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The reality is you have to have law enforcement.

Citation needed.

Cops are not law enforcement outside traffic stops. The supreme court said the opposite, police have no responsibility to protect victims from crimes, full stop.

Cornelius_Wangenheim

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That's pretty much what Deprivation of Rights under Color of Law is. It's a very broad law that has a punishment up to and including the death penalty. As with most things today, the problem is not the law, it's a lack of will to enforce it.

shininghero

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Nah. Aim higher. Take the officer's pension plan.
You don't get to retire comfortably on taxpayer dollars if you pull this shit.

agamemnonymous

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Require malpractice insurance like doctors. More claims against you raises your premiums, too many and you're uninsurable and can't work anymore.

queermunist

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The Supreme Court didn't like that.