Two police officers who accused a motorist of trying to grab one of their guns were convicted Thursday of misconduct in part because a dashcam video showed the motorist holding his hands up. [More]"Misconduct" sounds a lot more harmless than all the charges it sounds like could be applied.
[Via Florida Guy]
1 comment:
Harmless? I disagree.
The common law crime of 'misconduct in office' can be quite serious. In some states, the penalty can be life in prison. But this is NJ. Yet, see here:
http://law.justia.com/cases/new-jersey/appellate-division-published/1984/203-n-j-super-59-0.html
***SNIP***
The court takes judicial notice of the duty of defendant [cop] to obey and enforce the law. The significant law which he was required to obey and enforce is set forth in the search and seizure provision of our constitutions, both state and federal. N.J.S.A.2C:30-2 makes an unlawful search and seizure, knowingly and purposefully made by a police officer for his benefit, a crime, namely, ***misconduct in office***. The indictment clearly sets forth actions which constitute an unlawful search and seizure undertaken for the implied benefit of defendant the satisfaction of his prurient interests. It, therefore, charges him with the crime of misconduct in office and provides him with adequate information upon which to base his defense.
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