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Louisiana - Abusing An Unconstitutional Law To Arrest folks 4 Filing Complaints

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Louisiana Law Enforcement Has Been Abusing An Unconstitutional Law To Arrest People For Trying To File Complaints
http://www.techdirt.com/articles/20180429/17284539743/louisiana-law-enforcement-has-been-abusing-unconstitutional-law-to-arrest-people-trying-to-file-complaints.shtml





'Police officers aren't legal experts. No court expects them to know the intricacies of the laws they're paid to enforce. Close enough is good enough when it comes to pretextual stops, street-level friskings, and other assorted Constitutional skirtings.

But no one but a cop would know the ins and outs of stupid laws left on the books by careless legislators or how to wield them like weapons against those who dare to start hassling The Man. Got a criminal defamation law still laying around? Why not use it to arrest and charge critics gathering a few too many eyeballs to their personal blogs. Any number of charges, from disorderly conduct to "assaulting an officer" can be made to cover "contempt of cop" arrests. And every stupid "Blue Lives Matter" law has been abused at least once, with the oversensitive cops of New Orleans leading the way. Spam_A Spam_B Given that two-thirds of the links above direct you to Louisiana law enforcement officers and officials, it should come as no surprise Louisiana officers are using another bad law to bring criminal charges against people who aren't absolutely enthralled with their law enforcement experience. (via The Watch)

Quote
On April 30, 2015, William Aubin Jr. was at home with his wife in Livingston Parish, Louisiana when a patrol car from the sheriff’s office pulled onto his street. The deputy, William Durkin, was there to investigate a reckless driving complaint. Aubin wasn’t involved in the incident but he knew about it and went outside of his home to speak with Durkin. During a vulgar and combative conversation, according to Aubin, Durkin repeatedly called Aubin a “pussy.”

“I’m calling your supervisor,” Aubin said. “I’m gonna get you fired.” Aubin took out his cell phone, called the sheriff’s department, and started walking back towards his house. But before he made it inside, Durkin arrested him. The charge: intimidation of a public official — a felony that in Louisiana carries a maximum penalty of five years’ imprisonment.


This isn't the first time the law's been used to charge someone for attempting to file a complaint. Michael Stein of In Justice Today points out the same charge was leveled against Travis Seals, an arrestee seeking to file a complaint after he was pepper sprayed despite already being handcuffed. Seals got another charge added to his docket: public intimidation.



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