In the case of State of Arizona versus Shelton, the prosecutor added multiple charges (4) after the arrest, hoping something would stick (and changed the original charge too, since there was no such offense as that with which Shelton was originally charged). The creative interpretation of the laws by both prosecutor and judge does not bode well for any of us.
I especially like the criminal nuisance charge. The prosecution took the position that, since the officer’s car was parked in the street (albeit, up against the curb), this created an unsafe condition for passing cars due to the flashing lights and constricted roadway. That the officer’s patrol car was a hazard to traffic was, apparently, Shelton’s fault.
Here’s the law under which Shelton was charged. Necessary elements to have violated this law include: 1) That the officer suspect Shelton had committed, was committing or intended to commit a crime (the officer admitted that he suspected no crime) and 2) that the officer advise Shelton that failure to give his full name is unlawful (the officer never so advised Shelton).
Despite the absence of these necessary elements, the judge let this charge go to trial, using his own interpretation of the law: that once a police officer is dispatched to a scene, that is, in and of itself, enough to constitute reasonable suspicion that a criminal offense is being or has been committed.
So, apparently, by this judge’s interpretation, any time a cop shows up, he can demand that everyone present identify themselves.
Something that should be noted (and of which this case presents an example) is that we already have enough laws on the books. Most every new law covering some criminal act, can already be prosecuted under existing law. The only purpose served by making yet more laws is that it enables prosecutors to pile on heaps of charges in the hope that something sticks. It’s also useful in adding up lots of potential jail time to give the prosecutor a stronger bargaining position when plea bargain time comes. He has more charges to drop in exchange for your acceptance of a plea. You’re more likely to roll over, if the prosecution has charged you with lots of different crimes.
The easy thing for Shelton would have been to roll over and pay a fine or whatever (or just give the officer his name straight-away). It’s always nice to see someone — anyone — stand up for their rights.
I’ve said it before: the authorities don’t like it when we citizens know our rights. And they really hate it when we actually defend our rights, as Shelton did. “The authorities,” and this includes most police officers, would prefer that we all simply did as we are told. “Rights” just get in the way of them doing their jobs.