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Thursday, January 27th, 2011 at 11:00am

Bills to Watch: HB 59 – Arrest and Requirements – With or Without Warrants, S. Handy

Posted by Curtis Haring

One of the issues I am continually worried about is the usage of undue police force. Although many cops are fine and upstanding, only having the best interest of the public in mind, the thought of giving them too much power is a very concerning one, if only because of the position of power they are in.

That is why HB 59 – Arrest and Requirements – With or Without Warrants is quite concerning to me.

Representative Stephen Handy (R – Layton, District 16) is giving police the ability to arrest anyone they suspect has committed any sort of misdemeanor.

But, you may ask yourself, isn’t this already the case? As a matter of fact it is not, only those suspected of committing a class A misdemeanor (things such as theft, for example) can actually be “arrested” without having some sort of evidence to warrant an arrest. Right now, you can not be arrested if an officer simply suspects you have committed a crime that is class B (say shoplifting) or class C (an invalid drivers license, for example).

So now, if an officer “reasonably suspects” that those things in the back of your car are stolen, they could haul you away without so much as a second thought. Hey, that badge on your shirt says you are an “official breast inspector,” I, as a cop reasonably suspect that you intend to defraud people with that – off to a holding cell for you bub.

The potential for abuse is simply too high. Although it is important to ensure that the cops are able to detain someone when greater evidence comes in, the reason this law restricts arrests to class A misdemeanors is due to the fact that crimes of these natures are much higher – near felonies – that the risk of letting the bad go free is simply too high.

This bill would, in theory, allow police officers to arrest protesters because they “reasonably thought” that someone matched a description of a shoplifter or were drunk in public – sure it would be hell to pay after, but at the time free speech would suffer.

This bill is a step in the wrong direction for civil liberties and is not necessary to public safety.

Urgency Score:

Click here to contact Representative Handy


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One Response to “Bills to Watch: HB 59 – Arrest and Requirements – With or Without Warrants, S. Handy”

  1. [...] leaning toward the ‘blue’ side discusses the unacceptable risk for abuse of this law here. A friend of mine on Facebook commented on the issue, [...]

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