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View Diary: Breaking: MSNBC - No incident report for shooting at all (Ferguson PD) (409 comments)

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  •  Just to be clear, where above I say: (17+ / 0-)
    You assert your Fifth Amendment rights when the government is prosecuting you and you are required to provide information against yourself.
    I am talking about police officers and their requirement to write police reports, versus testify in prosecutions against them.

    No citizen can be compelled to give any information to the police at any time, other than honestly identifying themselves, their home address and other identifying information (name, address, perhaps phone number).  The courts have repeatedly ruled that you are not required to "produce ID" but that you must honestly give your name and address at a minimum.

    Generally, giving a bit more information eases the "transaction" and everyone parts in peace (fingers-crossed). But if you want to wait it out, you are only required to give your name and address. Enjoy.

    The police are in a different category. As agents of the government, responsible for their actions, their actions are self-reportable to the government -- and thus ourselves -- as the citizens are theoretically "the bosses" of the police.

    Citizens are theoretically in charge in a democracy. If there were no police reports, we wouldn't know what our employees were up to, would we? Would it be acceptable that the police arrest people and not disclose who they arrested and why?  Would that be remotely democratic in nature?  No, it would be a freaking police state, pretty much by definition: unaccountable police.

    The very concept that any police officer could simply begin declining to produce police reports on Fifth Amendment grounds would be: 1) grounds for immediate dismissal and 2) an ironic confession that police activity is illegal and, thus, subject to prosecution.  Hmmmmm.....

    "The law is meant to be my servant and not my master, still less my torturer and my murderer." -- James Baldwin. July 11, 1966.

    by YucatanMan on Thu Aug 21, 2014 at 11:41:05 PM PDT

    [ Parent ]

    •  Don't try and convince me (1+ / 0-)
      Recommended by:
      slipper

      It's your own legal system that's made this decision, not me. If you have a problem, take it up with your courts.

      •  Odd response. Since our legal system does (3+ / 0-)
        Recommended by:
        GoGoGoEverton, aitchdee, bakeneko

        say that the police have to complete their police reports and taxpayers have to complete their tax forms.

        Carry on!

        "The law is meant to be my servant and not my master, still less my torturer and my murderer." -- James Baldwin. July 11, 1966.

        by YucatanMan on Fri Aug 22, 2014 at 08:40:59 AM PDT

        [ Parent ]

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