Chapter 21

Kessler said nothing. Her chest was rising and falling too fast."You searched me," he went on, "after I clearly and audibly refused consent, and you had no warrant and no probable cause. That's an unlawful search under the Fourth Amendment. You'll want to remember that phrase; people are going to say it to you a lot."A parent in the crowd murmured something. Marcus didn't stop."You took a credential, and you destroyed it—or attempted to. Now, I want to be very clear about this one, because this is the one that turns your bad afternoon into a federal matter. Destruction of a federal officer's official credential is a federal offense. Not a county matter, not a school matter: federal. The badge you threw in the trash to make a point in front of these people is government property, and you're on video destroying it while calling it a fake. Which means you can't even claim you didn't know what it was: you held it up, you read it out loud, you named it, and then you trashed it."Kessler's mouth moved; no sound came out."You handcuffed me, and you announced to this entire courtyard that you were arresting me for impersonating a federal officer," Marcus said. "Think about that: you accused me of pretending to be the exact thing I actually am. And you did it after I asked you four separate times to verify my credential, which you refused to do—on the radio, on tape. That's not a mistake. A mistake is checking and getting it wrong. You refused to check. That refusal is the whole case. That refusal is what turns this from an error into a choice. And juries can tell the difference between an error and a choice."He let that sit.

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