Will Grigg?s Liberty Minute

June 7, 2012

If the car you?re driving is penned in by two police vehicles, and the officers approach you with guns drawn, you?re under arrest ? correct? Not according toLouisiana?s Fifth Circuit Court of Appeal.

After Robert Carter parked outside a convenience store, two undercover police detectives hemmed in his car and approached him with guns drawn. Attempting to escape, Carter threw his car into reverse, severely damaging the unmarked car behind him.

The detectives were responding to a tip from an informant who claimed that Carter would visit the parking lot in order to conduct a drug deal. Carter claims that the arrival of two armed strangers ? one of whom admitted in court that they didn?t clearly identify themselves as police ? caused him to panic.  After being convicted of felony malicious property damage, Carter ? a second offender ? was sentenced to 20 years in prison. On appeal, Carter insisted that the arrest was unlawful.

Incredibly, the appeals court ruled that what it called an ?investigative detention? is NOT an arrest ? while insisting that Carter had no right to leave what the trial judge called ?the arrested place [where] he?s supposed to remain.?

While Carter?s criminal history makes him an unsympathetic figure, this ruling has ominous implications for nearly anyone who operates a motor vehicle.

Let us take back the liberty wherewith Christ has made us free.