Some good news for us for a change
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  1. #1
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    Some good news for us for a change

    The 1st District Court of Appeals has ruled the the Constitutional Amendment known as Marsy's Law covers Law Enforcement. This is huge for us, it grants privacy rights to crime victims. We can now keep our names out of the media on cases where we are victims of crime. This includes use of force cases and shooting cases. In any case where you are a victim, even by virtue of the position you hold, you can now invoke Marsy's Law. It is not automatic, and you must ask/make them do it.

    I'm just wondering where the legal update or training bulletin is on this one????

  2. #2
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    Was there some reason you thought we couldn’t before?

  3. #3

  4. #4
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    Quote Originally Posted by Unregistered View Post
    Was there some reason you thought we couldn’t before?
    My understanding of the law.

  5. #5
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    My understanding of the law is that it had been challenged and you know that unless the courts make most admins abide by the law, they will drag their feet. With today's environment, most agencies would find it easier to just release the name to appease the mob. Now, it's been codified and they cannot. It still may go to the Supreme Court, however as it's a constitutional amendment, it's a pretty high bar to change. In every case where we are victims, we need to invoke this right.

  6. #6
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    Quote Originally Posted by Unregistered View Post
    My understanding of the law is that it had been challenged and you know that unless the courts make most admins abide by the law, they will drag their feet. With today's environment, most agencies would find it easier to just release the name to appease the mob. Now, it's been codified and they cannot. It still may go to the Supreme Court, however as it's a constitutional amendment, it's a pretty high bar to change. In every case where we are victims, we need to invoke this right.
    Can you name one time at SCSO that a deputy claimed or attempted to claim the right and was denied?

  7. #7
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    Quote Originally Posted by Unregistered View Post
    Can you name one time at SCSO that a deputy claimed or attempted to claim the right and was denied?
    Kinda hard to give an example when this is so new. I don't believe we have had an instance where it was requested, however now that we know we can, I believe you will see it and you should. We should invoke this every chance we get. This is protection for us and we need to use it. I am still waiting on a legal bulletin for this. This should be celebrated and embraced and our agency should be telling us all that we can and should use this constitutional right.

  8. #8
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    Quote Originally Posted by Unregistered View Post
    Can you name one time at SCSO that a deputy claimed or attempted to claim the right and was denied?
    Read the article linked above.... Not SCSO, but Florida.

    A Florida appellate court issued a ruling in favor of the Florida Police Benevolent Association, a decision which ordered that the names of Tallahassee police officers involved in shootings must be kept private under something called Marsy’s Law, WTXL is reporting.

    Previously, the trial court had determined that the “protections afforded crime victims under Article I, Section 16 were unavailable to law enforcement officers even when a crime suspect threatened an officer with deadly force.”

    The appellate court order reverses that court’s decision. The ruling also reverses the trial court’s decision that Marsy’s Law cannot apply to officers when acting in their official capacities

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