Georgia Firearm Forums - Georgia Packing banner
1 - 14 of 14 Posts

·
:) :) :)
Joined
·
12,566 Posts
Discussion Starter · #1 ·
Source: http://www.nj.com/politics/index.ss...ilent_d.html#incart_2box_nj-homepage-featured

The dashboard camera footage shows Stazzone approached the vehicle on the passenger side and asked Musarra for her license, registration and insurance.

"While you're looking for that, do you know why you're being pulled over tonight?" the trooper asked her, according to the tape. She claims she provided the documents but didn't respond.

After asking her several more times, Stazzone walked to the other side of her car, rapping on the window with his flashlight and again demanding a response.

"You're going to be placed under arrest if you don't answer my questions," he told her. Musarra claims the force of the flashlight chipped her window.

The footage shows she eventually told the trooper she was an attorney and that she did not have to answer questions. Stazzone then ordered her out of the vehicle.

As the two troopers cuffed her and walked her toward a troop car, Musarra asked them, "Are you detaining me because I refused to speak?"

"Yeah," Stazzone replied, according to the video. "Yeah, obstruction," Gosa added.

The troopers placed her in the back of the car and Stazzone read Musarra her Miranda rights -- including "you have a right to remain silent" -- before taking her to the nearby State Police barracks in Washington.

She claims a supervisor, Trooper James Butler, later entered the cell to ask her what had happened.

"I said, 'Well, the trooper arrested me for not answering his questions,'" Musarra told NJ Advance Media. "And the supervisor indicated (to me) that was obstruction."

New Jersey's obstruction statute defines the criminal act as impeding law enforcement through "flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act."

Musarra said Butler then left to review the dashboard camera footage. After about 30 minutes, she claims, he returned and told her "a mistake was made, and to chalk it up to training, and that (Stazzone) was just a rookie."
Provided everything in the story is accurate what a bunch of dumbnuts... :|

In other good news I hope to finish my college courses by mid-2018 and start in the academy that fall/winter. :drink:

Unless someone is shooting at you, trying to stab you, or even fist fight you in uniform don't take the stuff personal. Especially not the "Respect my authority!" junk.
 

·
American
Joined
·
3,289 Posts
Unfortunately, its not that rare. Frankly if true those officers are Class A morons.

I find a lot more patience and professionalism among the Sheriff Deputies around these parts than I do the County/City owned police.
 

·
Man of Myth and Legend
Joined
·
15,144 Posts
Surely this is not just making its appearance here? Note the date under the vid-- May 05, 2016. Or is this a one year remembrance of cop lunacy.

Side note-- the date in the video is 10-16-15.

Nemo
 

·
I watch the watchers
Joined
·
12,885 Posts
Serious question here...

How hard is it to get on the mobile data terminal, or the in-car laptop, or the smartphone, or just the handy dandy paperback and actually y'know look up the law you're suspecting someone of having violated?

Let me try... Googling now...

Obstructing the Administration of Law - 2C:29-1
New Jersey 2C Criminal Code
2C:29-1. Obstructing the Administration of Law

2C:29-1. Obstructing Administration of Law or Other Governmental Function. a. A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b.An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

L.1978, c.95; amended 1986, c.34, 2000, c.18, s.1.
I had to use two fingers to type "new jersey code obstruction" and voilà it was the very first :censored: result. So maybe... 3 seconds?
Remaining silent or refusing to answer questions doesn't even come close.

ETA: probably making an appearance as there seems to have been some action by the court lately. Unfortunately, I can't get to it behind the pay-wall.
 

·
Junior Butt Warmer
Joined
·
46,427 Posts
Fallschirmjäger said:
How hard is it to get on the mobile data terminal, or the in-car laptop, or the smartphone, or just the handy dandy paperback and actually y'know look up the law you're suspecting someone of having violated?
Don't you understand about "magic phrases" even after you were Pirkled?
 

·
codegeek reincarnate
Joined
·
901 Posts
They know good and well that it wasn't "obstruction". They just wanted to inconvenience the woman at no cost to themselves. This kind of harassment by law enforcement is a major cause of the friction between themselves and those they are supposed to serve and protect.
 

·
Registered
Joined
·
3,593 Posts
You would be surprised at how many cops really believe that this is alright. The fact that it usually works and doesn't bring any repercussions doesn't help. On the other hand one expensive case can trigger a department wide training program.
 

·
Cross-drawer
Joined
·
7,326 Posts
Here is the Georgia code.

2015 Georgia Code
Title 16 - CRIMES AND OFFENSES
Chapter 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION
Article 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES
§ 16-10-24 - Obstructing or hindering law enforcement officers


Universal Citation: GA Code § 16-10-24 (2015)
(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, community supervision officer, county or Department of Juvenile Justice juvenile probation officer, probation officer serving pursuant to Article 6 of Chapter 8 of Title 42, or conservation ranger in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
 

·
American
Joined
·
3,289 Posts
Take a look at photographer harassment if you want to see this one abused. Lots of photographers on public land get harassed regularly by local yokels and federal police when theyre fully and completely within the law to take photos. The most common "charge" is obstructing because they wont answer 100+ questions by Barney Fife. There are good officers out there for sure but its amazing how often some peace officer will U turn to question you if your taking photos by yourself on a public street.
 

·
Registered
Joined
·
3,033 Posts
I would think that this would have been a hot topic for ANY LEO training that has occurred in the last 5 years. LEO's *know* (or should know) that there are a significant number of folks out there that do understand how the Constitution works and *actually* will use the rights that are afforded to them. Not only that, how many of these idiots are on LE specific forums that have thread after thread after thread of types of encounters?

I think it would take no more than 20 minutes and a couple of YouTube videos to explain (very clearly and succinctly for the extra-stupid ones) during training that a motorist doesn't have to say a DAMN thing to you.
 

·
Registered
Joined
·
9,360 Posts
ITT: naive people that believe this was a case of ignorance, or if it was, that it's relevant

what would happen to any of you if you pulled over someone and kidnapped them under threat of force?
 

·
Registered
Joined
·
1,560 Posts
Take a look at photographer harassment if you want to see this one abused. Lots of photographers on public land get harassed regularly by local yokels and federal police when theyre fully and completely within the law to take photos.
Ain't that the truth. Take a look at this video if you want to get your blood boiling. WARNING: There is some strong language towards the end of the video.

 
1 - 14 of 14 Posts
Top