RangerDave wrote:
I agree that ultimately it's up to the courts, but cops do have a large amount of discretion, both as a matter of law and just plain practical reality. I think that when faced with a situation like this, the cops should ask themselves, "Am I busting this guy (a) because whatever he did is both against the law and serious enough to warrant messing with his day and expending court resources on it, or (b) because whatever he did is against the law and, even though it's not that serious an infraction, he pissed me off so I want to mess with him?" If the answer is (b), I think it's inappropriate for the cops to take action, but even good, professional officers will do it from time to time because they're imperfect humans, just like anyone else.
We can argue the cop had discretion (which he did) but in that case the argument basically comes down to "I don't think he should have done that, because if I were him I wouldn't have."
I can buy that argument, but that fundamentally changes the nature of the debate.
In that case, each person will subjectively answer those questions because there is no precise answer to either of them. You may believe the answer to them is B; in point of fact I probably would not have arrested the guy either. However we are not that cop, do not have to deal with the shithole that is NYC, and just because we would answer differently does not make his answer wrong. "Inappropriate" in your "B" answer above, no longer means "abuse of authority", it means "less than optimal solution".
In point of fact, even your "B" answer is weak because A) "not that serious an infraction" is a very vague standard; shoplifting is "not that serious" compared to murder or arson and B) you assume the cop wants to "mess with him". In any case "messing with" someone who
broke the law is an exceedingly weak position to take. It smacks of the same argument as "dog whistle politics"; you can argue anyone who gets arrested for any reason was being "messed with".
In that case it is merely a matter of you and I having different opinions. However, if you go down that road you can no longer cricticize the cop for making the choice he did in legal/professional terms because
you have admitted he was within the law to do so. You can only criticize him on the basis that you would do differently. That is still valid but ultimately bumps up against the most formidable obstacle: you were not the man on the scene.