Well, this is a bit of a doozy. This case — via the Institute for Justice — involves a possible First Amendment violation but somehow ends with a judicial blessing of cops who make things up after the fact to justify an arrest that has already taken place.
That’s literally what happened here. Mason Murphy was walking down a Missouri road when he was accosted by Officer Michael Schmitt. From the opening of this very unfortunate decision [PDF]:
Schmitt stopped his car, approached Murphy, and asked Murphy to identify himself. Murphy refused to identify himself, and Schmitt put Murphy in handcuffs after nine minutes of argument. Murphy asked why Schmitt arrested him, and Schmitt refused to answer.
So far, it would appear no criminal act was committed and that the cuffing of Murphy by Schmitt was in retaliation for Murphy’s refusal to identify himself and, First Amendment-wise, his refusal to shut up.
…
Not that it’s directly related to this case, but: Daily reminder that probable cause refers to the reason the police can conduct an arrest or apply for a warrant. It does not mean they can search without a warrant, except in very specific circumstances. There’s a mythology that “probable cause” means they can search, but it doesn’t. They can search your person when arresting you, or your car when they’re towing it, but that’s not because “probable cause.”
Be polite, don’t be a dick. Being anything other than aboveboard and civil to them will make your interaction with them a lot worse for you. But also, if you’re in their crosshairs in any capacity, be clear about saying when you do not consent to a search, and for the love of God shut the fuck up until you talk to a lawyer.
I thought I saw an open container.
I thought I heard someone cry for help.
I felt threatened for my life.
I used to genuinely respect police but I’ve seen so much abuse that it’s impossible to trust them now.