Disturbing the Peace. The most over-used and abused charge.
“Disturbing the Peace. The most over-used and abused charge.”
In Jax FL a big favorite with HS and the JSO is “resisting arrest without violence”. I have personally witnessed it used in three instances, in each instance for refusing to consent to a search where JSO had no warrant.
I live aboard a sailboat, and when JSO thinks a marina has too many liveaboards, they begin hammering on boats and asking if they will consent to voluntary searches and safety inspections. They roust everybody out of their boats early in the AM and go through their boats and belongings, and do it every week until some of the liveaboards leave.
I asked for a search warrant one time, and refused to consent to a voluntary search, and was immediately arrested. They’ve done the same with everyone in marinas in this area.
When I tell this to people in more expensive marinas in JAX whete the luveaboard ratio is similar, but the marinas are palatial and charge twice as much as much as thos part of towm, they shake their heads in disbelief, and say this has never happened in their area once.
The judge was sympathetic, could not elimimate the fine, but converted it to a lien I would not have to pay...he said this practice is standard among the cops here...as he put it “I was guilty of saying ‘no’ to the JSO”.
The attitude and motivation of about a third of the police I have encountered here and elsewhere over the last 10 years ranges from deplorable to maniacal. When I encounter a particularly solid dignified cop, it often seems he’s trying to ride herd on the rest. Such a one dissuaded the arresting officers from taking me to lockup barefoot and shirtless in my swimming trunks, convincing them to only write me a citation.
Since then I have submitted to half a dozen such warrantless inspections/searches, and managed to be absent the other times they visit us.
Homeland security visits us regularly, its my feeling they are the ones who decide when there are too many liveaboards here, because we get the JSO immediately fter one of their “friendly visits”, if at all. Customs, too, occaisonally.
Surrender your constitutional rights and life will be much easier for you..seems to be the message.
PS...some of the liveaboards here have lots of guns...that doesn’t bother them. Two guys at different times were busted with small amounts of weed...the officers wrote them each a ticket and wished them good day. But insist on a search warrant, and you will immediately find yourself in handcuffs, with a night in jail with thieves and murderers if it suits the mood of the arresting officer.
And people wonder why I’m preparing to expatriate.
“Disturbing the Peace. The most over-used and abused charge.”
That, and obstruction of justice (investigation), for declining to produce a drivers’ license. Funny how necessary that little plastic laminated card is, EXCEPT WHEN IT IS TIME TO VOTE/s;)