Given our previous disagreement on Medicare plans, I'm going to jump in here to say that I agree with
@alarmguy on this one!
While there is nothing wrong with being respectful of law enforcement (I was very respectful in the few interactions I've had with them), respect is
not a requirement when interacting with them.
The
only requirement is to follow the law. The constitution is clear that you have a first amendment right to be as disrespectful as you want, as long as you are following the law.
The
Mimms ruling does give police a great amount of discretion in ordering a driver (and the passengers, per the
Wilson ruling) to get out of their car, but it has to be in the context of a lawful Terry stop.
While there are large areas of gray in all these types of situations, not showing what the officer deems to be an appropriate level of "respect" plays no role in what level of LEO escalation is allowed by law.
When "respect" is the main factor in LEO decisions to escalate a situation, it is them that are breaking the law by violating fundamental rights.
Law enforcement isn't an easy job, but as Americans, we have to always hold police to account anytime they take action on the basis of "contempt of cop." Just because it isn't an easy job is not a reason to let improper LEO behavior slide.
Note that I don't fully blame LEO for this problem. Unfortunately, the root cause of this problem is that LEO have generally been very poorly trained in constitutional law/rights and routinely violate them often without knowing that they are doing it-- resulting in their jurisdictions paying billions in settlement payments.
It's always hard to do the right thing in complicated situations when your training is suboptimal-- that's just setting LEO up to fail, which is very unfair to them.
Thus, I applaud the recent growth of the constitutional auditor movement over the past five years or so. Because of their work, LEO seem to be getting the message and there appears to be a noticeable improvement in their interactions with the citizens they serve.
Unfortunately, the Hill case seems to be a step backwards in that progress, but I generally think these cases will become rarer as LEO become more aware of their duty to respect constitutional rights.
Striking the proper balance between citizens' rights and LEO duty is difficult for any society. As usual, America leads the way in working through this complicated journey.
And as it marches forward in solving this important problem, it confirms once again that America is without question the greatest country on the face of the earth.