I love the US constitition. It is indeed one of the best documents that could ever have been written by the hand of man.
However, the Supreme court does recognize that the rights contained therein are not absolute. You cannot shout, ‘Fire’ in a movie theatre under the guise of free speech, and as one judge noted, the constitution is not so absolute a document that it functions as a suicide document.
If this ever went to court, you will probably find that it was within a cop’s ability to ask her to back up so he can affect an arrestm even if she was filming on her property.
. Nor is the right of the officer to make unlawful demands of a citizen absolute, as shown by the fact that the charges were dropped.
If this ever went to court, you will probably find that it was within a cops ability to ask her to back up so he can affect an arrestm even if she was filming on her property.
If this goes to court, it will be before a jury of citizens who will probably more inclined to put themselves in the place of the property owner. I doubt that many will sympathize with a police officer who, in the company of several other officers, felt so threatened by a woman on her own property who clearly was not a danger to him that he felt justified in ordering her into her home. Folks are starting to see the police as tools of Big Government, and they feel pushed around by Big Government. I wouldn't be so sure about the outcome.