Sunday, December 12, 2010

Arrested for Failure to Waive 4th Amendment Rights

One of the most influential books I've ever read is David Brin's The Transparent Society. It was written in the late 1990's and foresaw situations like the one captured in the video above of Benton County deputy Dana Winn and homeowner John Lewis. As a result of that video, deputy Winn is under investigation. Lewis recorded his own unlawful arrest with a hidden camera:
Lewis, who doesn't trust cops, has various cameras hidden around his home, including a small camera inside his sunglasses.

Lewis told Winn the man he was looking for didn't live there anymore. Lewis kept his answers short and abrupt, which infuriated Winn.
And Lewis has a strong case because his arrest appears to have been for not co-operating:
Winn asked to search the home but was denied because he didn't have a search warrant. Lewis was arrested a short time later for obstructing government operations.
In effect, deputy Winn arrested Lewis for failure to waiving his Fourth Amendment rights when asked to do so.

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