City Government
PEACE OFFICER Trumps LAW ENFORCEMENT
February 7, 2012 
(Disclaimder: GUARDIAN is in Thailand working on erratic WIFI, so this may be old news)
When the legislature proposed a draconian law to clear the old courthouse lawn of Occupy Boise protesters, they included a clause that would classify their property as “litter” and destroy it.
Both Boise’s Top Copper, Mike Masterson and Super Trooper colonel G. Jerry Russell sent a letter to the Occupy folks thanking them for their civility during the protest.
Masterson told the GUARDIAN it was a tip from an Occupy protester that led to the arrest of the North End Tire Slasher, indicating the members are not “bad citizens.”
Here is the BPD stance if the legislation is passed:
If law enforcement is truly at the front line of safeguarding peoples liberties and rights then we (BPD) have an obligation to speak out and not wait for the courts to tell us they got the law wrong and thus our
subsequent actions were wrong as well. For this reason, I have advised the state we will not be participating in any activity associated with the removal of property should it come to that.
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Comments & Discussion
Comments are closed for this post.
Feb 7, 2012, 9:55 pm
BPD got this one right…. Thank you Chief M a very fine example of Officer discretion.
Feb 7, 2012, 10:11 pm
Maybe our legislature should stop worrying about new laws and maybe our existing laws could be enforced. The below examples may pertain to the Occupy situation.
I am not a lawyer, but there are existing laws on the books in regards to the certain issues the Occupy Boise has created.
Riot, Unlawful Assembly, etc…..
http://legislature.idaho.gov/idstat/Title18/T18CH64SECT18-6401.htm
Public Nuisance
http://legislature.idaho.gov/idstat/Title18/T18CH59SECT18-5901.htm
Placing Debris on Public Property
http://legislature.idaho.gov/idstat/Title18/T18CH70SECT18-7031.htm
Placing Signs on Public Property
http://legislature.idaho.gov/idstat/Title18/T18CH70SECT18-7029.htm
They maybe also be in violation of other Rules or Regulations (Health Dept, American with Disabbilities Act, Local Code Enforcement, etc..) I have done some research, but the items above may be the ‘best’ existing rules on the books.
Feb 7, 2012, 11:03 pm
I really like public officials(Materson), who have some common sense.
Feb 7, 2012, 11:46 pm
I personally liked the Occupiers being visible and on State land.
Our government is to be participated in, not just “followed”.
Legislators are hiding in the State house from us, being untouchable with the new security rules.
The Occupiers were there in plain sight, for all to see.
Masterson and Russell used common sense. They saw the entire picture.
I respect them for their statement and only wish there were more like them. Maybe they can teach others that the Constitution is for everyone.
Feb 10, 2012, 7:14 am
This is a rare moment, the BPD actually doing something that “Helps” the community. I never imagined myself saying this, but good job to the BPD.
Feb 12, 2012, 10:38 pm
Good for Chief Masterson, I would like to know what harm these folks have inflicted on the old courthouse lawn. If they have done harm it has not been reported by the media. They seem well behaved to me.
The cops in Oakland and elsewhere are out of line as far as I can tell. Right of peaceful assembly is a Constitutional right.
Feb 15, 2012, 12:19 am
Even though they are not hurting anyone, they are being nice to us homeless by providing meals, so I hope they can stay for a while. BPD have been pretty fair to me now and then, they even put me back in my wheelchair.
Feb 16, 2012, 10:11 pm
Yo, Sal! Where you been man! Glad to hear that wheelchair is working out. By the way…..you owe me a 40!
Feb 19, 2012, 4:09 am
I AM PROUD TO BE A PART OF THE MOVEMENT. INTERNET, MEALS AND A PLACE WHERE I CAN HANG WITH MY FRIENDS AND DRINK MY BEER LEGALY WITHOUT GETTING HARRASSED. I GOT KICKED OUT OF THE SANCTUARY BUT NOW I’M SNUG AS A BUG IN A RUG.
Feb 19, 2012, 1:24 pm
Great comments. I hunt moonbats at the co-op. http://thecivillibertarian.blogspot.com/2012/02/hunting-moonbats.html