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Cop Video on Facebook is Misleading

Posted by Jenna M. Fliszar, Esq. | Aug 04, 2015 | 0 Comments

A video which was posted several years ago is again making its rounds on Facebook. With over 15,000,000 views on YouTube and close to a quarter million shares and thousands of comments on Facebook, the video has some people hailing it as something everybody must watch so they understand their Constitutional rights. I watched the video, and honestly, I laughed. If you are using this person's incoherent and misinformed rant as your Constitutional Law lesson, you are not going to learn anything. Here are some of my favorite gems from the 6-minute video.

"Ignorance of the law is no excuse." This is true, but it means that ignorance is not a defense if you are charged with a crime. I may have missed it, but I don't think the officers had arrested themselves.

"Where's your delegation of authority from Congress?" "Where's your Affidavit of Fact?" I'm not sure why he thinks the police need to show him a certification of delegation of authority from Congress. Police departments were created to enforce the laws of the government; in general, Congress stays out of the enforcement of most laws. This is because of a little thing in the Constitution called separation of powers. All delegation of authority means is that someone (or something) has given responsibility for something to another person. Obviously, the police have been given authority to enforce laws. They are not required to have a certificate reflecting this on file. Also, unless someone is charged with a crime, there is no requirement for an Affidavit from the police.

"It's piracy, human trafficking, treason." Piracy is either the act of hijacking a ship at sea, or the unauthorized reproduction or use of another person's work. Human trafficking is the illegal movement of people, usually for the purpose of forced labor or sexual exploitation. Treason is the crime of betraying one's country. Apparently, this man believes that having his son in the back of a police car fits these definitions. I respectfully disagree.

"It's how you enforce color of law." This man repeatedly refers to race when ranting about the officers enforcing color of law. Unfortunately for him, color of law has nothing to do with race. Instead, it is simply the legal power to act. For example, the police act with color of law when they lawfully arrest somebody.

"I am not a 14th Amendment corporate person." He may want to reread the Constitution. The 14th Amendment address equal protection, due process, requirements to be a representative in Congress, and national debt.

These were just some of my favorite lines from this video. The majority of his rant is either incorrect or just plain jibberish. What's frightening is the number of people who are on his side and have commented that he knows what he's talking about and we can all learn a lesson from him. Throwing around a bunch of big words does not mean that a person is educated or "knows his rights."

At the beginning of the video, you hear the man say "it's a beautiful thing to know the law." I agree. However, this man simply does not know the law.

If you find yourself with a Criminal, Family, or Animal Law issue, do not trust the advice of a random Facebook video. Contact Fliszar Law Office, LLC for a free consultation.

About the Author

Jenna M. Fliszar, Esq.

Bar Admissions Pennsylvania United States District Court for the Middle District of Pennsylvania Additional Training Practitioner, Standardized Field Sobriety Testing Instructor, Standardized Field Sobriety Testing Drug Recognition Expert Training Forensic Chromatography Training Ad...

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