Wednesday, June 27, 2007

Quinton Andrews' Natural Rights

Quenton Andrews is a man getting a lot of unwanted attention these days. The West Virginia University starting free safety was arrested this week. News of arrests of college football players sparks a knee jerk reaction generally. Why can't these kids just respect the law? What is wrong with these thugs? Etc., etc.

This situation seems a little different though. According to all accounts, Monongalia County deputies arrested Andrews for merely refusing to show officers his identification, citing him for obstructing an officer. The officer was in the process of arresting a former football player that actually had committed the crime of underage drinking. Andrews himself did nothing criminal. He even tried to go back inside his residence.

When did it become illegal to not show your identification to police when requested? The US Supreme Court in 2004 ruled that citizens have the obligation to present ID at the request of officers at any time for any reason. It sounds too much like the KGB or the Gestapo officer demanding "Papers please!" Don't get me wrong, I am not equating our hard working and courageous law enforcement with those notorious institutions of oppression. The vast majority of police do their jobs honestly.

However this gives police too much power to harass citizens into what is now defined as criminal behavior. Sure one can argue to just give the guy the ID and save yourself some grief; if you are not doing anything wrong, why worry? That argument can easily extend to searching your car, home, mail, hard drive, or anything else. Citizens have natural rights so long as they are not harming others. Quinton Andrews did not harm anyone, nor did he obstruct an officer doing his job. He simply dared to peacefully exercise his own rights.

Now let's be honest about Andrews too. He was not standing up for some heroic principle when he left his house that night. Like a lot of other guys in their late teens, he shot off his mouth in a situation where prudence demanded he keep quiet. However he had the good sense to leave the scene and go to his home when the officer responded. Was it dumb? Absolutely. That still does not mean that Andrews gave up his rights.

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