In March 2023, a disturbing case of mistaken identity unfolded in Arizona. Penny McCarthy, a 66-year-old grandmother, was unexpectedly confronted by U.S. Marshals outside her home. The officers, in bulletproof vests and with guns drawn, ordered her to raise her hands and warned they would use a Taser if she did not comply. McCarthy, understandably shocked, repeatedly tried to clarify her identity, asking the marshals if they knew who they were looking for.
According to bodycam footage later released, McCarthy continued to plead with the marshals, asking why she was being detained. However, the officers ignored her questions, moving quickly to handcuff her instead. As the marshals finally identified the person they were looking for as Carole Anne Rozak, McCarthy asserted she was not the suspect in question. Despite this, they proceeded to arrest her.
The U.S. Marshals believed McCarthy was Rozak, a 70-year-old woman wanted since 1999 for a parole violation related to non-violent crimes. Mistakenly relying on digital fingerprints and Facebook postings, law enforcement had matched McCarthy to Rozak, believing they had identified the right person. The error resulted in McCarthy spending time in custody before the case was dismissed by an Arizona federal judge.
While in custody, McCarthy attempted to provide proof of her identity, insisting she was not Rozak. Her pleas were dismissed, with the officers relying solely on their faulty evidence. In court, it was revealed that the marshals’ reliance on inaccurate digital matches led to the wrongful arrest, compounded by a supposed “glitch” in their system.
The U.S. Marshals Service later issued a statement acknowledging the error and stating that they were conducting a review of the actions taken. The incident, which led to McCarthy’s unjust detainment, left her feeling disillusioned with the justice system. She expressed her anger and disappointment, noting that her treatment felt humiliating and dehumanizing.
McCarthy’s ordeal sheds light on the limitations of reliance on technology in law enforcement, as digital identification methods are not foolproof and can lead to serious errors. Her story underscores the need for improved verification processes to prevent similar incidents in the future.
This traumatic experience has reportedly left McCarthy shaken. She criticized the marshals’ approach, stating that it seemed as though they were above accountability. Her story brings attention to the broader issue of law enforcement errors and the lasting impact they can have on innocent people.
COMMENTARY:
The horrifying ordeal Penny McCarthy faced highlights not only the dangers of modern policing but also raises questions about the very legitimacy of a federal police force. Our Founding Fathers would be rolling in their graves if they knew that armed federal agents could storm into anyone’s life without concrete proof. In fact, historical records make it clear that our forefathers didn’t want a federal police force at all.
The Constitution’s framers were wary of centralized power. James Madison, in Federalist No. 45, wrote that “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” Madison and others feared that a powerful federal government would erode the liberties they’d just fought for. There’s a reason why the Bill of Rights explicitly limits federal powers and emphasizes states’ rights, including public safety, which was traditionally under local jurisdiction.
Moreover, the Tenth Amendment explicitly states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This was meant to keep the federal government out of people’s daily lives. Yet here we are, with a federal agency terrorizing a grandmother at gunpoint without even confirming her identity. It’s the kind of overreach our Founding Fathers feared, as federal police forces were seen as a threat to personal liberty and a slippery slope toward tyranny.
Thomas Jefferson himself voiced concerns about centralized control. He famously warned that “when all government…shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another.” This foresight underscores the dangers of allowing federal agencies to operate with such a free hand across state lines. Federal law enforcement agencies weren’t created until well after the Constitution was ratified, and for good reason: the framers never intended for the federal government to police everyday citizens.
The gradual buildup of federal policing powers came much later, with the establishment of agencies like the FBI in 1908 and the U.S. Marshals Service’s expanded role in the late 20th century. This expansion of federal law enforcement was never envisioned by the founders, who believed state and local governments should have sole authority over local law enforcement. This overreach now allows federal agents to take drastic, often unaccountable actions, even against innocent civilians like McCarthy.
The troubling reality is that a federal police force, as demonstrated in this case, can easily go beyond its bounds, operating without checks and balances. Our Founding Fathers created a system to protect us from precisely this kind of abuse. The horrifying situation Penny McCarthy faced is more than just a mistake; it’s a blatant abuse of the power our ancestors tried to limit. If federal agents can act with such impunity, then our liberty is at risk, and it’s time to question the necessity of these agencies altogether.
If you’re interested in further historical context on why federal law enforcement was never meant to exist, you can look into Madison’s Federalist Papers for his warnings on federal overreach here, and Jefferson’s letters, which are available through the Library of Congress. These founding documents make it clear: federal policing as we know it is a far cry from what the framers envisioned for this country.
ARTICLE:
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