- Wed Aug 05, 2015 10:54 pm
#61472
We do know them, and I sincerely hope that they will fight the charges. Florida law clearly states that a charge of disturbing the peace MUST be accompanied by a complaint from someone not in law enforcement. In this case, that seems to be entirely lacking.
Of course 'Dudley Do-Right' Duncan knows that as well, but he's in this for the harassment and intimidation value, and to feed his own megalomania. People like this are what's so very wrong with law enforcement today. No officer's personal values, opinions, and interests should ever be allowed to supersede applicable laws.
Were it me, I would not hesitate to bring false arrest charges against him. With good representation, I believe the claim would be uphead. It would never come to a trail, however, as there is absolutely no way the Escambia County District Attorney would take that gamble. The potential repercussions could be serious, and expensive as well.
For the record, this is not offered as legal advice. And yes, I do have a law degree.
Popeye, the couple we know are weekend regulars at JB and, from what we've seen, have been pretty careful in the past. Perhaps they had an momentary lapse in judgement, or just didn't see Duncan. He can be a sneaky sob, as some of us have observed.
Frankly, it doesn't matter. In legal terms, the arrests were made without cause or merit, and that in itself is illegal.