27 July 2009

On the other (gub) hand

Rico says Shreveport, Louisiana is not a place you'd think of right off as terribly anti-gub but, as usual, you'd be wrong:
Any time a motorist is stopped by a police officer, insists Shreveport, Louisiana Mayor Cedric Glover, “Your rights… have been suspended.” This includes not only the freedom of movement, but also, in the event the officer inquires as to whether the driver is carrying a weapon, “Your right to be able to hold on to your weapon and say whether you have a weapon or not”— as well as the right to retain possession of that weapon, should the officer decide to confiscate it from you. Should you choose not to answer the question, or answer it in the negative, the officer could still choose, “in the interest of officer safety, to secure you in a safe position”— this most likely means outside the car with your hands cuffed behind your back— “and then do an appropriate inspection of your vehicle". The phrase “appropriate inspection” is more honestly rendered “unconstitutional warrantless search”.
Should the police officer then turn up a firearm or other weapon in the car, the driver “would be guilty or potentially guilty of even a more severe offense” than whatever he had allegedly done to precipitate the traffic stop, according to Mayor Glover. Police officers, according to Glover, are invested with “a power that the President of the United States does not have… and that is the ability to be able to suspend your rights.”
This is “one of the things that I say to each and every one of the police officers who graduates from the Shreveport Police Academy since I’ve been mayor.” Fortunately for the public, one supposes, Mr. Glover remembers the lesson that Peter Parker learned from his kindly and sagacious uncle Ben— that is, with great power comes great responsibility.”You have to understand there is a great deal of power that is vested within… the law enforcement personnel of this country,” Glover insists. “It’s why there is a great deal of responsibility that has to go along with it.”
Glover offered those remarkable observations, and many others like them, in a recorded phone call with Shreveport resident Robert Baillio Mr. Baillio had called to complain about a recent traffic stop in which an SPD officer, who– before dealing with any other matter of business— asked if Baillio had a firearm, then temporarily seized it from him.
Louisiana law recognizes the right of the state’s residents to carry loaded weapons in their vehicles, and Baillio has a state-issued concealed carry permit— that is, a piece of paper in which the state generously recognizes one facet of Baillio’s innate right to bear arms.
According to Baillio’s account, he was cordial and polite when he was stopped after supposedly neglecting to use a turn signal. That this was almost certainly a pretext stop is illustrated by the fact that Baillio never received a ticket. Supplemental evidence is offered by the fact that the conversation between the officer and Baillio focused entirely on the issue of gun ownership, including a question about Baillio’s membership in the National Rifle Association.
Rico says it's scary, this 'local power' theory; it'd take a lot of money and time fighting this all the way up through the courts...

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