The Pretext of ‘Mistaken Identity’ in Law Enforcement: An Inside Perspective
Law enforcement encounters involving mistaken identity are not uncommon. One might think that such incidents are isolated occurrences, but the reality is quite the opposite. Over the years, I have experienced numerous situations where law enforcement used the pretext of ‘mistaken identity’ to unjustly detain suspects. My own experience many years ago serves as a stark reminder of the prevalence of this practice.
A Personal Encounter in 1988
Back in 1988, I was standing at a gas station, where I had just completed filling up my car. The total came to around $13.50. I went inside the station and wrote out a check, which the cashier initially refused to accept. Upon presenting the reason of having already written a check that day, I emphasized that I had been out of town all day, and it would have been impossible for me to have written another check.
Despite my explanation, the cashier continued to refuse my check, insisting that she needed to call the police. An officer arrived and observed that the check in the drawer was from someone with the same name but different addresses and account numbers. Understandably, this did not resolve the situation. The officer suggested that if the cashier did not accept the check, he would let me leave with the gas for free.
Legal Tender and Due Process
Checks are a form of legal tender, and when refused, the goods or services should be provided for free. In this case, the refusal to accept a valid check served as grounds for the police to intervene and allow the transaction to be completed. Standalone, not only was I given my gas for free, but I was also provided with a lesson in the importance of upholding fair transactions and the legal recourse available when such transactions are refused.
An Insider’s Insight
Reflecting on my time spent in law enforcement, I have witnessed this pretext of ‘mistaken identity’ used repeatedly for various reasons. Often, the justification for such detentions hinges on trivial concerns or personal biases. The phrase 'You resemble a suspect in a recent crime' has unfortunately become a catch-all excuse to detain individuals based on superficial resemblances rather than factual evidence.
These incidents not only violate the principles of justice but also perpetuate a cycle of mistrust between the community and law enforcement. It is crucial for law enforcement agencies to uphold the rule of law and ensure that all interactions are based on concrete evidence and not on unfounded assumptions or personal biases.
As an insider to the system, I urge for more transparent and fair practices in law enforcement. The use of ‘mistaken identity’ should be addressed through extensive training and revised policies to prevent such incidents from occurring in the future. Public trust in the justice system is paramount, and it is the responsibility of all law enforcement professionals to maintain it.