Badge = Deference & Submission
posted by Frank Pasquale
We know that, in theory, citizens have some rights vis-a-vis police. But in practice, does it make sense to simply submit to any person waving a badge? Reason magazine features a story where that seems to be the lesson:
A group of state Alcoholic Beverage Control agents clad in plainclothes approached [Daly], suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot. “They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform,” she recalled Thursday in a written account of the April 11 incident. . . . That led to Daly spending a night and an afternoon in the Albemarle-Charlottesville Regional Jail.
This story also suggests a wider range of opportunities for abuse of the discretion granted to officers.