It shouldn't have though.
Ending qualified immunity means cops are not going to be allowed to make any mistakes. It can also mean that even if they don't make mistakes they can still be sued. "Reasonable and necessary" will be things of the past.
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Guys, I know this forum has a history of strong support for LEO, I get it, but we are literally talking about gun control laws around the corner. Who do you think is going to enforce them? Do you really think LEO are your friend? With everything you see on the horizon, do you really believe they are?
I think in that specific example the ROE were completely illegal and as a result lots of rights got violated.
I believe in the bigger picture, this legislation is an attack on law enforcement in general but in some instances qualified immunity is abused and a really bad idea.
I mostly agree.
Bit of a catch 22. If this legislation makes most of the good cops walk off the job and do something else, that leaves us with the storm troopers who will enforce any order. Right now we have good cops and bad cops, good laws and bad laws.
What do you think will happen when those “good cops” are faced with a choice of enforcing unconstitutional gun laws (following orders) of losing their paycheck and pension? Will they chose you and their oath of their kids/wives/husbands?
I know there are many good cops, many who say they won’t enforce it, but they are saying it while they don’t have to. I’m sure there are “good cops” in places like NY and NJ, but what will happen if that “good” NJSP trooper pulls you over and you have your CCW pistol in your pants?
Immunity/exemptions from law for police, judges, prosecutors, legislators, and executives should have never happened.
I know many who would choose to not walk into a firing squad which they know something like gun confiscation would be and would just take their talents and experience to the private sector.
Some will, some won't and again very zip code dependent. In NJ I assume most would be "sorry gotta follow orders" but in parts of Kentucky it would be "well...looks like I'll be delivering pizzas for a living." That assuming that local PDs in Ky don't simply issue "stand down" orders regarding any across the board gun grab. They've all seen knob creek, they know what some people have.
You know local LE doesnt enforce federal law right?
Plus if you think that not taking enforcement actions results in you losing your job you dont understand how modern policing works. I havent written a speeding ticket in over 12 years. Havent heard a peep about it. I have more important things to worry about.
If you do something that violates agency policy or is illegal, you don’t get qualified immunity. The media makes it sound like you are just granted immunity to do cart blanche(sp?).
In reality when sued and/or prosecuted, you have to raise the qualified immunity defense and explain actions/procedures/etc. to judge and prove you weren’t violating policy/laws and they make the determination as to whether or not you get qualified immunity.
Here is an actual example.
https://www.techdirt.com/articles/20...-instead.shtml