There's No Such Thing

As a casual chat with on-duty police officers who get out of police cruisers to 'just wanna see what you're doing today.'

This has been trending news this week as a federal law suit was just filed: a retired restaurant owner and grandmother was arrested in March for feeding the homeless in a park in Bullhead City, Arizona.

She had been going to the park for years, serving well-rounded meals, cleaning up before leaving, then coming back the next day and doing it all over again - usually five days a week. She was unaware that the city passed an ordinance in February banning serving fresh-cooked food in the somewhat ironically named Community Park.

The city claims they have good reasons though the way the ordinance is written puts it, I think, on shaky constitutional grounds.

But that's not what I'm writing about today. This is about how she was arrested in the first place and the lesson that we should all take from it.

It went like this: she had just finished cleaning everything up and was returning to her car when two police cruisers slowly pulled up. Two cops came over and 'just started chatting. Casual banter, "Hey, how you doing? Nice day. What brings you out to the park?"

The three of them chatted away for about twenty minutes, during which time she filled the cops in on her charitable endeavors. The cops said something along the lines of, "Hey, I bet you don't know there's a city ordinance against this, do you?".

She thought they were kidding. Until she was arrested. They didn't cuff her, but they did put her in the back of a cruiser, take her to the station, and process her. She was facing a court date, a fine, and up to 40 days jail time until a city prosecutor dropped the case with a stern warning she'd be 'prosecuted to the full extent ...' if she did it again.

Social media erupted and many an internet lawyer wrote in CAPITAL LETTERS that she had to be freed because she was never read her Miranda Rights. Which is half-true, she wasn't read her Miranda rights . . . but the cops didn't have to.

Here's the deal, she was never put in custody. They - the police - in Arizona and Washington, at least, do not have to Mirandize anyone until they are in custody. What constitutes custody? Great question. It's usually something along the lines of 'there’s been a formal arrest or a restraint on the suspect’s freedom to move."

If two cops are standing with you 'shooting the breeze' would you feel like you really couldn't walk away? The answer is very different for different people but the courts interpret it very narrowly. This is usually the kind of 'state of mind' question that works its way up the court system over years. Which does the 'suspect' little good.

Look, seriously, say 'hi', 'how about those Mariners?', 'can't believe Brady carved up the Seahawks in Germany,' 'did you manage to get tickets to Taylor,' and comment on the weather. Then go about your business. Don't' talk.

If you try to move off and you're stopped, than absolutely, one-hundred percent shut up. Then call me.