Police May Have Lied About Justin Bieber’s Arrest, Miami Beach PD has “credibility issues” Austin Petersen January 24, 2014 Abuse of Authority 2742 Share3K +122 Tweet967 Pin1 Share Share Reddit1 Stumble EmailShares 4K Are Cops And Anti-Bieber Forces Trying To Make An Example Out Of Him? TMZ is reporting that Miami Beach police officers may have exaggerated how much alcohol the pop singer Justin Bieber had in his system at the time of his arrest. Bieber’s blood alcohol level was reportedly .014, which is almost nothing. Law enforcement reported that his BAC was .04, an enormous difference. Follow TLR on Google+ According to the police report, a Miami Beach police officer claimed that when he leaned into the car he was overpowered by the smell of alcohol. “I immediately smelled an odor of alcohol eminating [sic] from the driver’s breath.” Another officer reported “… the odor of an alc bev on his breath.” Bieber has claimed that he was not drunk when he was arrested the other day for drag racing and driving under the influence. Police claimed that he failed his field sobriety test. Sources from TMZ close to the case say that the Miami Beach Police Department has had credibility issues in the past. Bieber has been in the spotlight recently due to his run ins with the police. His house outside Los Angeles was raided by police who were looking for clues related to an incident where Bieber allegedly egged his neighbor’s house, causing $20,000 in damages. Cops searching the home found drugs that were reportedly not connected to the singer, but to his friend L’il Za, who was arrested during the police siege while staying in the house at the time. The LAPD has demanded that Bieber turn over his cell phone password, but Bieber has refused, demanding that they get another warrant if they want to unlock his personal cell phone. The case is important and relevant in regards to privacy issues because of the question of whether a warrant for a home can include the right for police to obtain data from a person’s private cell phone. Civil libertarians should watch this case closely because often police officers have an incentive to crack down on celebrities because they want their names in the papers. Bieber may not be a saint, but he deserves the equal constitutional protections and rights that we all enjoy. Share3K +122 Tweet967 Pin1 Share Share Reddit1 Stumble EmailShares 4K Amash asks GOP Figure To Step Down After Hate Speech Against Muslims and GaysWho Profits From Prison Inc.?About The AuthorAustin PetersenFounder Austin Petersen is the founder of The Libertarian Republic, as well as the CEO of Stonegait LLC. Formerly an Associate Producer for Judge Andrew Napolitano's show "Freedom Watch", on the Fox Business Network. Austin was referred to by the Judge as "The right side of my brain". He built Judge Napolitano's social networks with over 700,000 fans and millions of clicks a month. Austin graduated from Missouri State University. He has written and produced award winning plays and videos, and previously worked for the Libertarian National Committee and the Atlas Economic Research Foundation. 99 Responses Christopher McDaniel January 24, 2014 He’s a Canadian….He may be entitled to certain Due Process, but he is not a protected US citizen so far as I know. sbozich January 24, 2014 Exactly. If I get popped for DWI or tossing eggs at my neighbors house, I can’t be sent to Canada. harperman January 24, 2014 Actually when you enter this country legally you have, with the exception of voting, the basic rights as any American citizen. Christopher McDaniel January 24, 2014 Untrue – there have been multiple cases where foreign nationals living in the US have been deported for race, political affiliation, and other perfectly legal and illegitimate reasons. These instances have been frequently upheld by the US Supreme Court. Carolyn Bryant Schaub January 24, 2014 Being deported for actual crimes and being shielded under the 4th amendment during traffic stops are NOT the same thing. Christopher McDaniel January 24, 2014 Being deported for your race? For your legal political affiliations? I guess your ok with those REAL events right? He’s underage, drinking and racing cars….all illegal. See ya. Phillip January 24, 2014 “because it’s the law…” I swear, if the government were to pass a law, saying that everyone needed to remove and surrender their left Big toe, there would be millions of idiots like you to follow through with such nonsense; because, “it’s the law.” Have a nice day and stay asleep. Christopher McDaniel January 24, 2014 Hmmm, not sure who this is meant for, but if it’s meant for me….I never said anything you put in quotes. I agree that many man-made laws are unethical….drinking and driving, much less drag racing, is not one of them imo. PR_uno January 28, 2014 Next time you have a cold and take cough medicine remember not to drive, and much less drag race at supposedly 50mph at 3am at a road which has no other traffic. CORMAC___NJ January 24, 2014 Irrelevant. The 4th amendment by definition applies to people suspected of a crime. Christopher McDaniel January 24, 2014 It’s not irrelevant. You people are ridiculous. Ever heard of legal precedent? Case law supports the ability of the American government to deport any non-citizen for any reason….period. William Balint January 24, 2014 Ever heard of the Constitution? It says case law doesn’t mean shit. You appear to be one of those poorly educated people who thinks the Court has the authority to decide what the Constitution means. Which is a bizarre argument to start with. Apparently, some people think that the court created by the Constitution has the authority under it to determine the extent of their own powers, thereby nullifying the purpose of the Constitution. Christopher McDaniel January 24, 2014 OMG…you are confusing what you and I agree SHOULD be the case…and what is in REALITY the case….So tired of people arguing fact. You may not like it and I certainly don’t…BUT THE FACT IS, LEGAL PRECEDENT especially from the SCOTUS matters. Jerry Harlan January 24, 2014 So now you are mixing case law with vehicle code? Are you drunk? Bill Owen January 28, 2014 Wrong. Cite the case or go home. William Balint January 24, 2014 When exactly did being ‘underage’ become illegal? Christopher McDaniel January 24, 2014 Same time being Mexican or Russian or being a Communist became illegal… :/ It’s not the underage part, goofy….it’s the whole 19 yo drinking and driving part. Jeebus Christopher McDaniel January 24, 2014 Actually its the whole drinking and driving part….period! Jerry Harlan January 24, 2014 Are you a communist? Where is the victim? No victim no crime Christopher Mitchell Haskin February 4, 2014 Yes because cheating on your taxes is a crime, so there must be a victim. Are you an idiot? You must be. Kekway Blade January 25, 2014 Can someone please explain to me why no one has tried to overturn these draconian laws that are discriminating those adults over the age of 18 but under 21 when it comes to purchasing or consuming alcohol? Why is there an exception to the constitution that everyone is equal under the law yet when it comes to adults over 18 but under 21 that goes out the window. Why are adults over 18 being treated as children until they reach the “adult” age of 21 only when it comes to alcohol? You can charge a 19 year old as an adult for drinking because they are legally not adults at the same time. Makes no sense!! Christopher Mitchell Haskin February 4, 2014 When you consume drugs and alcohol while underage does it make it illegal. Like he did. Jerry Harlan January 24, 2014 See ya what? Where is the victim in his drinking and racing cars? Grow up and be an American Christopher Mitchell Haskin February 4, 2014 A victim? Oh, I don’t know! MAYBE THE ENTIRE RESIDENTIAL AREA HE WAS RACING IN. Grow up and have some logic. Carolyn Bryant Schaub January 24, 2014 We wouldn’t want to treat all of humanity- you know, fairly or anything. Christopher McDaniel January 24, 2014 Ummm, I said he;s entitled to Due Process…the Constitution very clearly states that all people in the US, legally or illegally are protected by the Due Process Clause…..However, they are not protected from deportation. The US Supreme Court has made that quite clear. Fedge January 25, 2014 They won’t deport him unless the media coverage dies out. It’s too good a distraction from any real news right now for them to give it up. If the coverage starts dying out they’ll deport him to revive it. MacKenzie January 24, 2014 He is not a protected *citizen*, but article 14 of the bill of rights states quite clearly that any person within the jurisdiction is entitled to equal protection of the law. That amendment also reinforced the line in the declaration of independence, “We hold these truths to be self-evident, that **all men** are created equal…” Exclusive privilege is against the spirit of the declaration, the constitution and the bill of rights, and is only accepted in very specific instances (the office of president, holding seats in the house or in the senate, ect). Christopher McDaniel January 24, 2014 You can argue with ME all you want….the Supreme Court says his Due Process can include deportation because he’s not protected from such punishment….that’s a fact William Balint January 24, 2014 Does not matter WHAT the Supreme Court says. I would suggest you read article III. This is the problem with America. Some people think the courts are somehow your master. How funny. Christopher McDaniel January 24, 2014 SO retarded….try telling a judge that teh SCOTS decisions presented don’t matter. You know what doesn’t matter? You may know it SHOULDN’T matter…..but it does….until someone overturns those cases, we are stuck with them. MacKenzie January 24, 2014 I will have to assume that your misunderstanding of the issue is due to lack of understanding of application of law. You seem like an intelligent person, so it cannot be a case of you being flat out ignorant of the definitions of the words you are using. I highly suggest you review your previous comments, and review the laws. I don’t mean you need to be able to pass a bar exam… but a basic understanding at minimum would greatly benefit you. Bodinky100 January 24, 2014 Constitution applies to everyone on US soil! Guest February 4, 2014 Not if you’re an immigrant who’s only here because you have a Visa. Ron Roy January 25, 2014 He’s entitled to the same due process as any other human being. We are born with God given natural rights not rights given by governments or men. Christopher Mitchell Haskin February 4, 2014 Do you even politics? These so called “God given rights” are only upheld under a government! Klaus Fischer January 24, 2014 “he deserves the equal constitutional protections and rights that we all enjoy.” no more words necessary Kekway Blade January 25, 2014 Back to my argument about adults of legal age being 18+ being discriminated against by local state governments when it comes to alcohol purchases and consumption. They are not being treated equal as adults yet in every other sense of the law they are. They can vote, serve their country, etc, etc. but for some reason we allow these adults to be treated as children. In my book a minor is a child under 18. A 20 year old is a minor still according to state liquor laws.. Sorry but 20 year olds haven’t been children for a quite a few years. Chicken Little must have been in charge of writing these state liquor laws across the U.S. Klaus Fischer January 25, 2014 I lived through this in a sense. I joined the Army at 17, spent 3 years of which 32 months were overseas. All the Enlisted Men’s Clubs served me the entire time based on Army policy, plus the local bars had an 18 year limit. When I got back, I was 20, and could not even get a beer legally. I’m not arguing the enforcement of a law, just the absolute hypocrisies we live under, which that was an example of. Fedge January 25, 2014 Glad you didn’t die for them. Klaus Fischer January 25, 2014 me too Fedge, me too (Y) nomercy55 January 24, 2014 the fix is in…!! nomercy55 January 24, 2014 DUI is a felony. he is not an american citizen, therefore deportable, the fix is in…!! soontobgone January 24, 2014 You couldn’t be more wrong , A DUI is a Misdemeanor ! CORMAC___NJ January 24, 2014 It isn’t even a Misdemeanor in many states – just a traffic offense. Anti Troll Troller January 24, 2014 In Canada A DUI is a felony because there is no legal limit. In fact, if you’re convicted of a DUI in the US you are barred from Canada for ten years. Kekway Blade January 25, 2014 The Criminal Code of Canada Section 253(1)(b) makes the BAC in excess of 0.08 illegal. It is a federal offense in other words in Canada. dave1305 January 28, 2014 Crossing the border illegally is a felony. How many people get deported for that? Jean-Francois Dube January 24, 2014 How much did he pay you to write this? L. CLAYWELL January 24, 2014 He admitted to smoking pot !! That is enough for a DUI !! tHE JUDGE CHARGED HIM WITH DUI FOR DRUGS OR ALCOHOL !!! Jeff Rielley January 24, 2014 The judge didn’t charge him with anything. Are you confusing judge with district attorney or police officer? Kekway Blade January 25, 2014 Really? If he admitted to being drunk and the alcohol test results came back negative then in your delusional mind that would be enough to send him to prison for being the wheel for a D.U.I. ? It’s a good thing that you never let a minor thing as evidence or fact get in the way of your ideals. Guest January 24, 2014 Since the legal limit is .008, a .014 is definitely illegal. Most people would be passed out at a .04 blood alcohol level. I venture to say the person who reported a .04 was mistaken or misheard. cupcake44 January 24, 2014 You have your decimal point in the wrong place …. the legal limit is .08 at .04 he was probably buzzed,however since he is 19 he is still guilty of DUI Tim Wade January 24, 2014 Most states have the limit of 0.08 not. 0.008. The 0.04 pass out level you mention is most likely a half of a 12 ounce can of beer. jay January 24, 2014 At a weight of what I’m guessing no more than 150 pounds 2 beers would give him at least a .06(BAC). Most people think because they don’t feel buzzed or drunk they are fine. He might have had a few sips but he still is not allowed to drink jay January 24, 2014 Ummmm get your numbers correct please! Legal limit is .08 and a .014 is very low. But he is under 21 which makes a DUI the correct charge because he is not legally allowed to drink. marcus krueger January 24, 2014 In the state of florida minors have a 0.02 limit not a 0.00 because communion wine, wheat products, and vanilla flavor plus much more can register a low reading on a breathalyzer machine. Christopher McDaniel January 24, 2014 Interesting, and potentially a game changer. Thanks! Christopher McDaniel January 24, 2014 Did some more research….The .02 limit is waived if containers are found or if the accused admits to having had alcohol….we’ll just have to wait and see if he actually aditted as the reports say soontobgone January 24, 2014 wrong ! it’s 0.08 not 0.008 there is a big difference ! the B.A.C. ( Blood Alcohal Content therefore 0.014 is extremely low ! The old BAC count used to be 0.10 marcus krueger January 24, 2014 .04 is roughly 2 light beers in an hour. You may want to get your liver checked if your passing out at .04 Patrick Fallon January 24, 2014 never read so many attorneys speaking on this Justin sure did not look like he had to much to drink when the police had him in cuffs i am not and attorney but i believe he gets his day in court Phillip January 24, 2014 Wow, there are some educated people on here and some very ignorant people…and some just plain stupid ones. Peter Martinez January 24, 2014 He will get his day in court and I’m sure his lawyers will ensure he receives due process. The facts will speak for themselves and his blood alcohol level will exonerate him. The toxicology report will substantiate whether drugs impaired his driving. Christopher McDaniel January 24, 2014 BAC will exonerate him? He’s underage, LOL….any alcohol in the blood will convict him! marcus krueger January 24, 2014 Nope in the state of florida and in nearly every state the bac level for a minor is 0.02 because trace readings of alcohol will be read if the minor ingested wheat products, communion wine, vanilla flavoring, etc. Jooptjee January 26, 2014 WRONG! DEAD WRONG! Kekway Blade January 25, 2014 Here is a silly question.. Can the D.A. use the toxicology reports and the blood alcohol reports in court but not the testimony of the police officers who were present in order to attempt a conviction? Does lying in police statements have any bearing on whether a judge will allow that police report in it’s entirety to be used as evidence? Isn’t that in itself illegal for police to make false statements when it comes to filing police reports? Is that enough to have this entire case thrown out before it gets in front of a judge or will the D.A. gamble all or nothing? CORMAC___NJ January 24, 2014 I think it’s important to consider the back ground to this: Beiber is currently involved in a dispute with LA law enforcement, in which they demanded that he provide police with the pass word to is cell phone, stemming from a rather ridiculous incident in which he egged a neighbor’s house. In that incident, police showed up and used a battering ram to smash down the pop star’s door and raid his house. Yes, for throwing eggs. His neighbor claims the damage is worth $10,000.00, but that is obviously a grossly inflated number. During the raid, police demanded contents to Justin’s phone, and he refused to cooperate. Police are staging a high-profile legal fight over that issue, and the fight is getting a lot of attention in legal, law enforcement and political circles, due to it’s implications around personal liberty. I think it’s also worth considering that there is a growing war between those who support the public’s right to privacy, security and due process, and those who support expanded state power. Almost universally, entertainers and celebrities support greater power for the state, and less power for the individual. Obama supporters are everywhere in Hollywood – Tea Party supporters, hardly any. It is against the backdrop of this political and legal battle that Justin Bieber stands as a lone champion for personal privacy – at least his own – and those who want greater powers for law enforcement are very aware of this. So, when I read that an already-questionable police force appears to be playing fast and loose with charges against this young man, I am not surprised at all. In fact, I kind of expected it. Christopher McDaniel January 24, 2014 IF he admitted to having alcohol and Marijuana and then drag racing….case closed and civil liberties are moot. Jeff Rielley January 24, 2014 Not really. A good attorney can often get statements made to police thrown out. I guarantee any statement the cops claim he made will be challenged and he will be pleading not guilty. Charges will be reduced, he’ll plea bargain, get a small fine and community service. Christopher McDaniel January 24, 2014 I agree that is the likely scenario….butonly if the State agrees….maybe they will, maybe they won’t….some folks are looking for the PR. Kekway Blade January 25, 2014 I have a feeling it will all be thrown out of court. Can you imagine that damage that would occur to the Miami police department not to mention the credibility of the D.A. if those officers are put on the stand and ripped apart by Justin Bieber’s high priced lawyers? These are the ones who were on the scene. Do we cherry pick what is credible and what is not from these cops in their statements? Or do we throw it all out because of this latest development? That is up to the D.A. now. Kekway Blade January 25, 2014 The Tea Party called. They want you to stop embarrassing them. Bill Owen January 28, 2014 Without a conviction? Wrong again. marcus krueger January 24, 2014 To account for errror with the breath machines and participation in religious ceremonies the BAC legal limit for minors in most states including Florida is 0.02. FrankHerbert January 24, 2014 im with bieber on the cell phone privacy. however, he needs a good smackdown for being such a brat in the first place Dawn January 24, 2014 Cops are trained to claim they smell alcohol whether they actually do or not. It’s a technique to try to get people to admit to drinking at all, thinking honesty is the best way to go. If a person admits to having any has alcohol, even just a beer w/dinner, not enough to be intoxicated, then the police have probable cause to do breath tests and field tests. They also will routinely lie to people about the results of a breathalyzer test, saying it’s higher than it was, again trying to get the person to say they’re drunk (person would believe the officer and think they had underestimated their own sobriety level.) AND field sobriety tests have NEVER been tested on a sober control groups. Independent groups have found that sober people also struggle to perform well. DUI are huge money makers for the state. Police fraud is rampant. So I’m skeptical of any police claims. I don’t like Bieber, I think he’s a talentless spoiled brat. This could easily be an ego war between him and law enforcement. Kekway Blade January 25, 2014 So isn’t filing a false police report illegal? I’m referring the ones the police file that is used in court as evidence. I have a feeling the entire thing will be thrown out because of these obvious lies.. How can they claim now that it was fact that they smelled alcohol when the test results came back that it was next to impossible? Jooptjee January 26, 2014 spoil brat? really? Bieber worked very hard for his money. Your talents on the other hand only got you as far as, right here, on a blog about JB! minime13 January 24, 2014 Whatever. Any amount of alcohol is a criminal offense if you are under 21 and behind the wheel. yvonne martinez January 24, 2014 Who cares he is underage, drinking, driving and not a citizen! Taze beat deport! Repeat if he comes back! Kekway Blade January 25, 2014 Is that you Sarah Palin? Josh Kline January 24, 2014 What a farce- .014 is not impaired driving. I would be shocked if Beiber was following all the laws but facts and evidence matter. We tend to think everyone is guilty when DUI is thrown out there. The Miami PD shot themselves in the foot and put the rest of their case in jeopardy now even if it is all true. This kid clearly needs help and guidance though and a Dad that can be a Dad not a friend. Kekway Blade January 25, 2014 I am disgusted if this turns out to be true that the father was present while this incident occurred and did not psychically prevent his son from getting behind the wheel or take the keys away if he knew his son wasn’t sober.. Isn’t that what a father is supposed to do, keep their children out of harms way even if they are over 18? That means grabbing the damm keys out of your kids hands if they try to drive while under the influence no matter how old they are! Guest January 25, 2014 Kekway, Again though you are missing the point of the article- was he impaired? He surely wasn’t from the alcohol .014 is next to nothing. We will have to wait for the blood tests on the TLC or other drugs- then you can make a judgement. It irks me though that DUI is presumed guilty in this country every time. This dad messed up by not being there when it mattered when his kid needed guidance and discipline. I don’t know all the details but from everything I read the dad wasn’t there until recently. Dylan Rosario January 24, 2014 First off i think its sad how many people wish this young man ill. Regardless of your taste in music, we should not with foul on any person. People who gloat and point fingers should look in the mirror and ask them selves why do they wish ill on someone else?? Really people, he is a teen age boy and somebody son, brother, nephew. Get over yourselves. Kekway Blade January 25, 2014 Thank you being one of the few who are making sense of this, and not contributing to the kangaroo court that is apparently taking place here on this comment board. Christopher Mitchell Haskin February 4, 2014 It’s not “wishing him ill”. It’s wishing the same treatment for him that any non-celebrity would receive if they were in his position. People who protect him should open their eyes and see what kind of stupid illegal things he’s doing. He may be a teenage boy and somebody’s son, but isn’t every other person that drives drunk, takes drugs, and breaks the law somebody’s son too? Really, get over yourself. Kekway Blade January 25, 2014 As long as Justin Bieber lives in the U.S.A. and pays millions of taxes a year to the I.R.S. and the state of California he should be given the same legal rights as others in my book.. Love him or hate him, there is no denying he has contributed to the state & federal coffers with paying taxes as well as the economy. Issiac Kemp January 25, 2014 “Miami Beach Police Department has had credibility issues in the past.” no one see’s this as an issue? bartkat January 25, 2014 Way too many jailhouse lawyers around here. Fedge January 25, 2014 This isn’t a jail. Would you prefer everyone remained completely ignorant of law and at the mercy of pigs? dinkster January 25, 2014 0.014 is damn near the scientific margin of error for both breath and blood tests. Jooptjee January 26, 2014 LOL @ these officers… LIARS! PR_uno January 28, 2014 18 is too young to drink in some states but old enough to go oversea in uniform and kill for your country. I know he is Canadian. dave1305 January 28, 2014 5th amendment prohibits forced self-incrimination. No password for you. Chumscrubber February 1, 2014 I’m definitely not a “belieber”, but Miami Beach cops (as well as South Florida cops in general), are lying, bullying, sacks of hypocrisy-laced shit. Remember the teenage, unarmed, non-violent, well-liked graffiti artist who Miami Beach police killed, then gloated over his body: http://www.miamiherald.com/2013/08/07/3548779/graffiti-artist-dies-after-tasering.html How about the Miami Gardens police chief who just resigned because his officers, per his instruction and approval, engaged in ludicrously criminal activities like arresting a man over 40 times for trespassing at his own place of employment, while he was working: http://www.miamiherald.com/2013/12/11/3812302/miami-gardens-police-chief-resigns.html Furthermore, not only are Miami cops infamously corrupt tyrants, they have endangered the public through their own irresponsible reckless driving, far more than Justin Bieber ever could: http://www.sun-sentinel.com/videogallery/75051368/SPEEDING-COPS-SPECIAL-SUN-SENTINEL-INVESTIGATION http://articles.sun-sentinel.com/2012-02-12/news/fl-speeding-cops-victims-20120212_1_erskin-bell-cops-police-car Also, take a look at this: http://www.tmz.com/2014/01/31/justin-bieber-gps-drag-racing/ Again, I’m no fan of Bieber, but how can any of you find him to be more offensive than the pathetic drones who worship him, or the shameless thugs in Miami Beach police uniforms who’d murder you in a heartbeat if you failed to cater to their colossal egos? At least Justin Beiber is spending the money he makes off the insipid tweens this bankrupt culture spawns, within this country, and he can’t beat you to death with impunity if you fail to yield to his colossal ego. If you think Justin Bieber is more worthy of your ire, or more of a public threat than the barbaric Miami Beach PD of hypocrite liars, you’re more comatose than the sheeple who glorify him.