We recently received an email from Mr. Bogner with several important questions. We felt many Calvert County Residents may have similar questions and would like to know where Mr. Brenneman falls on the issues. Below you will find the questions asked and Mr. Brenneman's answers. We always welcome questions from concerned voters and will do our best to answer inquiries.
August 19, 2010
Mr. Bogner,
Thank you for your giving me the opportunity to respond to your questions. Not everybody agrees with me, but I will give you my opinion regardless. I could take the easy way out and stay away from the tough questions by not answering them, or simply giving you the careful answer. Instead I have chosen to tell you what’s on my mind and maybe on some things, we may just have to agree to disagree, if that is the case.
Question #1
What is your opinion on the Oath Keepers organization? Unconstitutional laws are being passed by a Congress that doesn't vote the line of their constituents because they (career politicians) know what's best, and/or they don't even read the entire contents of the bills they are voting on. You, in the near future, may very well be directed to enforce unconstitutional law against law abiding citizens.
Answer
I believe in the Constitution and have sworn an oath to protect it for all of my adult life. There are bad politicians, lots of them, but there is also a healthy, fair, election system in this country that allows us the ability to vote out those politicians that do not pay attention to their constituents. There is a push and movement in this country currently to vote out of office all incumbents. The system does work; we just have to be patient sometimes for the political process to work in our favor.
With regard to the Oath keeper’s organization, I as I mentioned already, I am a sworn law enforcement officer and have taken an oath to uphold the constitution of the United States and will forever continue to do so. I have read through the (10 DO NOT OBEY Orders) of the Oath Keepers and they resemble currently what I have sworn to uphold with the exception of item number one. I believe in the right to bear arms, however I have taken an oath to the United States and the State of Maryland With regard to the upholding of laws, I will enforce the Maryland Annotated Code Article 36b, which covers wearing and carrying a firearm, while a sworn police officer in the State of Maryland. I have never participated in any unlawful unconstitutional action against anybody and will not do so in the future. I have and always will be an aide and friend to law abiding citizens.
Question #2
2.) What is your opinion on the event that recently happened up in the Baltimore area to the retarded citizen that was wrongfully operating his motorcycle by performing stunts on I-95. Granted he was violating the law, but was the Rambo plain clothes state trooper that jumped out of his unmarked car like a crazed lunatic with his service piece drawn justified? Was the procedure this officer (term used loosely) used from the moment he exited his unmarked car to the moment he discreetly stowed his weapon when he saw another officer pull onto the scene, proper and standard operating procedure in your mind? I would also like for you to elaborate the retaliatory wiretapping charges brought against the motorcyclist a week after the fact. If I'm openly recording video, IN PUBLIC, and happen to catch one of your deputies performing any of his duties in an unprofessional manner...can I expect you and your force to arrest, search and seize my property, and attempt to charge me with a violation of the MD wiretapping law? It seems to be a law that's intent is being loosely interpreted and expanded without actually changing the law. Maryland law does make it illegal to record a voice conversation without that person's consent. But it also makes exceptions for conversations conducted in public, where speakers have no expectation of privacy. A person may not "willfully intercept" what the law calls "oral communications." It defines "oral communications" as "any conversation or words spoken to or by any person in private conversation." More and more I read about citizens across the country being arrested for this type of thing...at the same time anyone of us can be arrested and your dash cam footage used as evidence in the court of law. Doesn't sound like fostering a good relationship between law enforcement and the public to me. Do you agree or disagree that it is lawful and Constitutional for a person to freely videotape in public?
This past June, a St. Mary's woman was arrested for making a cellphone recording of an arrest in process. State's Attorney Richard Fritz got it right by dropping charges, and just who is this deputy that can burst into someone's home and strong arm them over a legal/Constitutional cellphone recording:
Answer
I have learned one thing in my career and that is to know all of the facts before I judge anyone or come to a conclusion. While the incident you describe on I-95 sounds like an over reaction, I simply do not have the privilege of reading the statements and seeing the video evidence of the incident. I certainly do not have access to the officer’s personnel file to see if there is a history of this type of behavior. One thing is certain, if I am privileged to become the next Sheriff of Calvert County, I will not prejudge any citizen or officer without having all of the facts. The Sheriff’s Office simply cannot function without the assistance and working relationship with the community. Under my leadership, the Deputies will treat everybody with respect and dignity regardless of what they have been accused of.
As you are aware, law enforcement officers in the State of Maryland and many other states can record traffic stops and conversations with the violator. The policy of the law enforcement agency is that the officer first tells the citizen that they are being recorded. The first section of the Maryland wiretapping law restricts unlawful interceptions of “oral communications” to words spoken in a “private conversation.” This is often interpreted by a judge. Unfortunately there are many officers who mean well but are not completely well versed in all of the laws. The search and seizure laws have all evolved this way with many different rulings over the years. They have changed many laws regarding search and seizure and will likely change more. I think it is extremely important to take matters like these and have an opportunity for the men and women of the agency to learn from it. Since the search and seizure laws are likely to change, training and policy has to be current and reflect the changes that occur. I believe that most law enforcement officer s try to do the right thing, but like every other profession mistakes are made.
In conclusion, I will train my deputies to act as if they are always under the watchful eye of the citizens they are sworn to protect. It should not matter if you are being video taped on the scene of an incident, if you have nothing to hide. It is a different matter if the person videotaping the incident is hindering the officer or inciting people by doing so, then proper action will be taken.
Question #3
3.) What are your personal views pertaining to the 2nd amendment, castle doctrine in MD, and concealed carry.
Answer
Regarding the 2nd amendment, as I have already mentioned in the above question, I have sworn an oath to uphold the Constitution and the Laws of the State of Maryland. As a law enforcement officer in the State of Maryland I will enforce Article 36b of the Annotated Code of Maryland which covers the wear and carry of firearms.
The Maryland Castle Doctrine is a version of the Castle Doctrines adopted by many states. The Castle Doctrine commonly referred to as the “make my day” doctrine covers the use of deadly force while protecting your home from invaders. I would hope that everybody thinks that the castle Doctrine is great because it gives people the security that the State will understand if “god forbid this type of incident confronts you.” I believe that protecting your home and family is your Divine right as long as your actions are reasonable, and it helps that the state also is on your side.
Mr. Bogner, thank you again for allowing me to give you my opinions. If you have any further questions or concerns, please feel free to contact me. If you have any of these items that I did not cover sufficiently, please let me know and we could meet over a coffee and discuss them further.
Sincerely
Don Brenneman
Brenneman 4 Sheriff
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