Then perhaps you can tell us why the arresting officer never showed up in court and the case was thrown out? Furthermore, what is the foundation for the Miranda
So who do you think is going to win in the lawsuit that has been brought against the sheriff's dept?
North Carolina has no “stop and identify” statute. This means that, as a general rule, a person who is stopped by police in North Carolina is NOT required to provide his or her name or produce identification, especially if on the porch of your own house.
Correction, West Virginia, not NC. However, there is a McDowell County in NC
Then perhaps you can tell us why the arresting officer never showed up in court and the case was thrown out? Furthermore, what is the foundation for the Miranda
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Let me put this into context. Police officers have a very difficult job. They are not constitutional law experts. And many times their job is akin to making Big Macs: We all love Big Macs, but nobody is particularly itching to watch the cows be butchered. It is not clear from the EDITED video why the police showed up at this house. And it is not uncommon for people to illegally grow marijuana and do it just off of their property (just ask about 10 of my former clients). I watched the video and these idiots were completely uncooperative and verbally obstinate with the police.
As to why the cop didn’t show up in court....As a former prosecutor, I can tell you that we routinely dropped cases based on the concept of “abated by arrest.” In other words, we knew that the cops on occasion made questionable arrests and that the arrest itself was enough punishment for the defendant whether a crime had or had not been committed. 90% of these abated by arrest cases were just like this case where the knuckleheads were obstinate. BTW, I laughed for two minutes when I heard the woman say that “she was scared of the police.” BS.
We should be encouraging citizens to show respect for the authority of the police, not sit back, be Monday morning QBs, and nit-pick every decision they make. Unfortunately, the nit-pickers and the anti-police rhetoric have caused the number of these incidents to substantially rise over the last several years.