There's No Constitution In This Missouri Cop's Version Of America
Carlos Miller explains at Photography Is Not A Crime:
A man [Chris Hogan} taking a stroll through his neighborhood was tackled and arrested by a Missouri police officer when he refused to identify himself, even though the cop did not have a reasonable suspicion that he was involved in a crime.
Hogan's statement:
I left for a walk at 12:17am on Sept. 4, 2014 and didn't come home. I headed out on my own as I often do.My path crossed Officer Mathew Tyler Badge #272 of the Breckenridge Hills, Mo Police Department 20 minutes later.
I was never told that I was suspected of any crime or given any reason as to why I was being detained.
I asked many times if I was free to go and the end result was Officer Tyler #272 and Officer Allemann Badge #247 tackling me to the ground.
I was then taken to jail and questioned. I never answered any questions and never gave them my ID through the entire 10 1/2hours I was held. I was searched and brought to the police station and questioned without being read my Miranda rights.
I told them I was invoking my 5th amendment right too not answer any questions with legal representation and was still questioned. They ultimately charged me with "Police Interference."
It costs me a $500 bond to get out the next morning at 11am. I contacted my lawyer immediately and showed them the video. We requested a jury trial from Breckenridge Hills, Mo for the Police Interference charge and they dropped my charges.
My attorneys and I met with the Chief of Breckenridge Hills, Mo on Feb. 5, 2015 in person and filed an Internal Affairs Complaint. We have been waiting for Breckenridge Hills to complete their internal investigation.
Kudos to Chris Hogan for not giving in to abusive policing.
There is a "stop and identify" law in Missouri -- but only in Kansas City. Even so,from flexyourrights.com:
As of 2013, 24 states had stop-and-identify laws. Regardless of your state's law, keep in mind that police can never compel you to identify yourself without reasonable suspicion to believe you're involved in illegal activity.But how can you tell if an officer asking you to identify yourself has reasonable suspicion? Remember, police need reasonable suspicion to detain you. So one way to tell if they have reasonable suspicion is to determine if you're free to go. You can do this by saying "Excuse me officer. Are you detaining me, or am I free to go?" If the officer says you're free to go, leave immediately and don't answer any more questions.
My own little recent episode with the cops is here, with cops coming on like the SWAT team seeking an escaped felon -- after I was the victim of a careless driver hitting my parked card (which I was not in at the time -- a minor property damage crime cops don't usually even show up for).
Being a cop shouldn't amount to being a thug with a badge -- but it too often does.








I've got better things to do and to spend my money on. It's easier to show my Id and hope for the best. If that does not work then I'll just settle in for the ride, keep my shut, and call a lawyer.
He wasted a lot of time and effort for nothing as in I seriously doubt the police's SOP will change.
Bob in Texas at April 27, 2015 6:41 AM
"It's easier to show my Id and hope for the best. "
If you cooperate, you can still be detained. And if they decide to confiscate your ID, you're screwed.
Cousin Dave at April 27, 2015 7:14 AM
Remember: bureaucrats consider the Constitution a road bump interfering with their work load.
Cops are bureaucrats. Armed bureaucrats. Always make them live according to the rules they set out for themselves. Always make them dot their i's and cross their t's.
They didn't Mirandize the guy. That's sloppy work.
I R A Darth Aggie at April 27, 2015 7:54 AM
"They didn't Mirandize the guy."
They usually don't - it just means they don't need your words as evidence for whatever they are arresting you for.
matt at April 27, 2015 7:58 AM
"He wasted a lot of time and effort for nothing as in I seriously doubt the police's SOP will change. "
Exactly! It's like 9/11. The best thing for everyone on Flight 93 to do would have been to sit down and do as they were told by people who attempted to assert undue authority over their lives.
Gog_Magog_Carpet_Reclaimers at April 27, 2015 8:52 AM
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