Are Police Above the Law?

So, back in April I attended the Liberty Summit in Mercer, PA. Those that were there knew that I got a speeding ticket while en-route. The thing is, I did it on purpose. Well, before I write the whole story twice, here’s the email I just sent:

Date: Tue, 24 Jul 2012 13:36:35
Subject: Are police above the law?

I cannot find any email addresses for the State Police or its Commissioner (Frank Noonan), so please forward this message in its entirety to him so that he/they can view the linked video.

Back on April 27th I was traveling across the state on I-80 West. It was still early in the day and there hadn’t been much traffic all morning, individual vehicles here and there, but absolutely no congestion… until I got to the Williamsport area. I got to that area and there was a long line of vehicles in both lanes that couldn’t maintain a speed to save their life. For the record, I am a disabled vet with two bad knees, when I travel any distance I set my cruise control within 5 mph of the speed limit, when I have to take the cruise off for no apparent reason it not only annoys me, but it starts to hurt after a while.
Anyway, after about 15 minutes, I finally managed to weave my way far enough through this traffic to see that the cause for this congestion was a State Police Cruiser. He was fluctuating his speed between 65-80 mph and changing lanes frequently, whether there was any reason to or not. After another few minutes of this nonsense, I decided to pull out my video camera and record what I was about to do. I had decided to get up behind this cruiser, set my cruise control, and then pass whenever he moved over. So that’s what I did, and I got pulled over and was issued a speeding ticket. Now, I won’t deny that the speed he (and I) were moving at when I set my cruise control was well above the posted speed limit, but when he said he pulled me over for speeding, I asked him “what about your speeding?” He acted like he wasn’t speeding and seemed offended that I would even think that he could have been breaking the law.
So, I plead not guilty and took it to court. I know that I was, in fact, guilty of speeding, but the whole purpose for me getting the speeding ticket in the first place was to prove that he was breaking the law (I haven’t had a speeding ticket other than this one in around 10 years, I don’t drive like that anymore). So, we get to court and Eiler tried to make me an offer to plead out because he “didn’t appreciate the way it went”. He said that I could plead out to a simple failure to obey a signal and there would be no points on my license. I decided to go ahead and take the trial.
So, we get into the trial and he proceeds to state his case against me. When it was my turn, I decided that rather than to defend myself I would accuse him. All I want is EQUAL JUSTICE. He is not above the law… or is he? Eiler seems to believe that he is above the law. At one point, he actually stated that he has the right to speed. First off, my rights come from my Creator, not from any government. Secondly, while he may have the authority to speed, PA Title 75 (The Pennsylvania Vehicle Code) §3105(a) says that The driver of an emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm or other emergency call, may exercise the privileges set forth in this section, but subject to the conditions stated in this section. So, prior to my passing Eiler, none of these conditions were met, but he was speeding in violation of the law. Let’s continue. PA Title 75 §3105(b)(3) states that the driver may exceed the maximum speed limits so long as the driver does not endanger life or property… Well, we already know that none of the conditions required to allow him to exceed the speed limit were met prior to my passing him, so let’s look a little closer: he was endangering life and property by causing congestion on a highway where there was no reason for it (prior to and after my interactions with Eiler, for the entire 300 mile trip I was on, there was absolutely no congestion on the interstate)… well, there’s another violation of state law. But wait, I’m not done yet. 75§3105(c) says The privileges granted in this section to an emergency vehicle shall apply only when the vehicle is making use of an audible signal and visual signals meeting the requirements and standards set forth in regulations adopted by the department. Well, you can see in the attached video that he was not using either audible or visual signals while cruising down the interstate at 80 mph.
So, since I am not allowed to pull someone over or to write tickets, I passed him to make him stop. He seemed indignant at the time that I would question him about his speed. When in the courtroom, I asked him what his maximum speed was before he ever saw me and he couldn’t answer. Then I asked him what his average speed was and he couldn’t answer. He stated that he doesn’t pay attention to his speedometer while driving, but he “doesn’t have a lead foot, so it’s not an issue”. Umm… Eiler… I have video that would disagree with that statement.
Also, at the very end of the video, you can see Eiler pull away and make an immediate u-turn. When we were in the courtroom, he claims that he left “in such a hurry” because he was responding to a domestic disturbance call. Umm, OK, so he was actually (supposedly) responding to an emergency call but didn’t turn on lights or siren? Yet another violation of state law. How many violations of the law is he allowed in an hour?

The whole purpose for this message is that I demand EQUAL JUSTICE for all. Eiler doesn’t believe that he is a citizen that has to follow the same rules as all of us little people. I beg to differ. He is subject to the same rules as the rest of us. He claims that he has special training, but who is to say that I haven’t had training? I would actually be willing to test my skills against his any day, even with my physical disabilities. He was overweight (you can see it in the video… a bulletproof vest doesn’t make your face and neck fat). I’ve also driven at over 160 mph on both a motorcycle and in cars… I doubt Eiler has ever been close to that speed, so I’d put my driving skills against him. And then there’s the firearms aspect of being “law enforcement”… I’m former military and I train regularly with my firearms. I also reload my own ammunition and have played with gunsmithing. I’d put my weapons skills against his. I also wonder what his education level is? The point of listing some of my skills and qualifications is that Eiler is most certainly no better than me in any aspect that I can imagine (I’m pretty sure I have a firmer grasp of the Constitution than he does too).

Yet, this fat cop thinks he is above the law?

He is not the first officer that I have come across that believes he is above the law. I am tired of this holier than thou attitude from public servants. I am a citizen of the Commonwealth of Pennsylvania and of these United States of America. I am not a servant nor a subject. I am writing you people to get you to take action to ensure that there is equal justice for everyone, regardless of their profession. This is a nation of laws. When the Rule of Law no longer applies to a select portion of the population, it no longer applies to any portion. Do you really want to see what happens when the rule of law is dead?

Also, I have not contacted any media about this yet, but if I don’t hear about some momentum soon to correct this (and other) officers attitude, I will begin contacting media until something is done to eliminate the elitist attitude.

Mark Roote

The video can be seen here:

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