The Florida Supreme Court heard arguments about whether the identities of law enforcement officers are shielded by a 2018 constitutional amendment designed to bolster crime victims’ rights.
An appeals court in April sided with two Tallahassee police officers who invoked the “Marsy’s Law” constitutional amendment to prevent their names from being released after use-of-force shooting incidents in which they were threatened. The Florida Police Benevolent Association, a union representing the officers, argued that they were victims.
Phil Padovano, an attorney who represents the city, told Supreme Court justices that the officers’ identities should not be shielded from the public because they were not acting as individual “persons” when the incidents occurred. Luke Newman, who represents the union and the Tallahassee officers identified as “John Doe 1″ and “John Doe 2.” argued that the law applies to all crime victims, including the officers who were threatened by people they ended up fatally shooting.
“There’s been this kind of, like, undercurrent in this case throughout that the finding for my clients John Doe 1 and John Doe 2 is kind of authorizing this KGB-style secret police force,” Newman said. “We’re not advocating for a secret police force. I think that is an unfair characterization.”“So, under your reasoning, every single police report that gets filed from this point on would exclude a victim’s name out?” she asked.
“Thus, the PBSO has an interest in ensuring that a law expressly designed to preserve the safety of crime victims equally applies to law enforcement officers who are victims of a crime and, therefore, limit at least one source of peril to which law enforcement officers may be exposed,” the motion said.
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