Thursday, October 25, 2018

so, when i told the cop "i'm building a discrimination case.", he should have taken that as a block, and gone back to the woman and said "this person has the right to continue to apply for your properties. you might want to stop replying, for your benefit, as you are just demonstrating their point.".

see, but here's the actual key point.

maybe the cop didn't know that. or, maybe the cop thought the situation required more detailed intervention. i think the cop was acting out a bias, but he may have just legitimately been ignorant. as a cop is not a legal scholar, and their job is not to interpret the law but enforce it, what the cop should have done in that scenario is recognize that a conflict with a citizen over an interpretation of the law exists and go before a judge and seek a warrant.

he didn't do that - he acted without authority, broke the law in the process and committed a number of procedural errors that will eventually result in the charges being dropped, and a civil action against the department.

there's a reason that cops are supposed to ask a judge for a legal interpretation before acting, and this situation is a good demonstration of it.