imported post
Bird Dog's entire position is based on how 'unclear' the law is, thus initiating qualified immunity because a supposedly reasonable officer cannot be certain.
I offer that just because one has to read several sections of law, and even some case law, maybe, does not equate to 'unclear.' Convoluted, maybe. But once followed to it's end, the rabbit hole does have an answer in it, and it is not confusing or unclear. So, Bird Dog's position fails. The answer is clear, it just takes a while to find it.
Whether a Court in East Bumblephuck AL would agree, who knows... Judges do whatever they want these days, especially in that region...
I also offer that deliberately writing a convoluted law in the hopes that it can be abused by Officers to reach farther than it's advertised intent, is Treason on the part of Lawmakers. But that's just the MEM in me...
Lastly, the rest of the State has it figured out, why doesn't Bird Dog or his cohorts? The rest of the State hasn't adopted this perspective because they thought it would be fun that day... I'm quite sure all localities and agencies who have acknowledged it have done so very grudgingly; the gov NEVER likes to give up power over it's slaves...