Watch: Woman arrested for refusing to answer trooper’s questions files lawsuit
Rebecca Musarra is a woman who knows her rights. She's an attorney from Philadelphia who was pulled over by NJ State Police last October. Things quickly turned ugly.
She was cooperating in gathering her documents to present to police as requested. But when they asked her if she knew why she was being pulled over she remained silent. They asked her a few more times and she remained silent. The police clearly had a problem with this and got her out of the car and placed her under arrest. Knowing she was being recorded, she was smart enough to ask if she was being detained because of her refusal to speak and they said yes then called it obstruction.
Then, in a surreal moment, they mirandized her, including the words "you have the right to remain silent" which she clearly already understood but the officers did not.
Obstruction is defined under New Jersey law as impeding law enforcement by flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act. She says once brought in a superior told her the trooper was a rookie and had made a mistake. She was let go without ever being booked nor was she even given a speeding ticket.
Now she has filed a federal civil rights lawsuit.
So what do you think? Should she win?