CHAPTER 53 ABUSE OF OFFICE

[r111]

Just ran across this PA law.

CHAPTER 53 ABUSE OF OFFICE Sec. 5301. Official oppression. 5302. Speculating or wagering on official action or information. 5303. Liability for reimbursement of costs for outside counsel. Enactment. Chapter 53 was added December 6, 1972, P.L.1482, No.334, effective in six months. Cross References. Chapter 53 is referred to in section 5508.3 of Title 53 (Municipalities Generally); section 6017 of Title 64 (Public Authorities and Quasi-Public Corporations). § 5301. Official oppression. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he: (1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or (2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

[lee]

Official Oppression is nice, but the key to it is that it only applies if they oppress you knowing that their act is illegal. They can of course claim they didn't know OC was legal. The bigger problem we have with police encounters is that even if the officer commands you to do things that he's not legally allowed to do (ie produce identifiction), we must comply. We're also not allowed to resist unlawful arrests.

Even with official opression, good luck finding a DA that will prosecute it. So many instances of police abusing their power in ways that a "normal" person would be locked up for and they get nothing more than a paid vacation for it. No way in hell a DA is going to bring up official oppression charges.

I had an officer admit that he had his 2009 MPOETC training update, that he recalls the section on OC, and that he knew OC was legal prior to that training update, yet he continued to harass me. Clear cut case of official oppression, but when my best witness was a state representative who didn't want to get involved, what can you do? Even if I had a DA who would prosecute, it'd be my word against his (I now have an audio recorder).

Point is this is yet another law that has a good intention, but will likely never be enforced.

[Statkowski]

Witnesses are nice, but voice recorders are nicer. And yes, you can legally record a police officer in public.

Borough Council in Albion, Pa. (Erie County) invoked a ordinance or policy prohibiting firearms in borough buildings. They were advised it was illegal. They did nothing. Local citizen filed a private criminal complaint with the local magistrate against all the borough council members, the mayor and the borough's solicitor. Made the newspapers. Magistrate judge handed it off to the D.A. Don't know what's happened on that.

It's rare, but it can be done. It requires the actor to know that his conduct is illegal. If the police officers received their MPOETC training last year, then they know. They can't claim ignorance.

[Statkowski]

(03-09-2010 08:39 PM)lee Wrote:  Official Oppression is nice, but the key to it is that it only applies if they oppress you knowing that their act is illegal. .... The bigger problem we have with police encounters is that even if the officer commands you to do things that he's not legally allowed to do (e.g., produce identification), we must comply. ....

No, we do not. Since Pennsylvania does not have any law requiring us to carry identification, we're not required to produce any. If we are legally detained or arrested, then we must identify ourselves (verbal only is more than sufficient), but only then. For a consensual stop, we're not required to do anything.

Quote:Even with official oppression, good luck finding a DA that will prosecute it.

You fill out the form and give it to the magistrate judge. He passes it on to the DA. The DA is required to do something, even if it's only denying to prosecute, which is still something. And, if the DA denies it, it can be appealed.

Quote:I had an officer admit that he had his 2009 MPOETC training update, that he recalls the section on OC, and that he knew OC was legal prior to that training update, yet he continued to harass me. Clear cut case of official oppression, but when my best witness was a state representative who didn't want to get involved, what can you do?

You file the complaint and take it from there, listing the state representative as a witness. Push comes to shove, the court serves him with a subpoena and he has to testify, under oath.

Quote:Point is this is yet another law that has a good intention, but will likely never be enforced.

You don't know if you don't try. One thing you do when filing the criminal complaint is drop a copy of the complaint off at the local newspaper.

[jahwarrior72]

(03-09-2010 08:39 PM)lee Wrote:  Official Oppression is nice, but the key to it is that it only applies if they oppress you knowing that their act is illegal. They can of course claim they didn't know OC was legal. The bigger problem we have with police encounters is that even if the officer commands you to do things that he's not legally allowed to do (ie produce identifiction), we must comply. We're also not allowed to resist unlawful arrests.

not true. i have had LEOs demand my ID, unlawfully, and have refused to comply with their demands. i have also refused to comply with other unlawful demands, and so far, the only penalty i faced was wasting 15 minutes of my time each time.