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Message
re: Has a photo of the tyrant that arrested the legally blind man in FL been posted?
Posted on 11/8/22 at 12:22 pm to Powerman
Posted on 11/8/22 at 12:22 pm to Powerman
quote:
An illegitimate arrest is a very serious infraction
I don’t know what Floridas laws are concerning jaywalking but if it’s on the books then he would be required to identify himself, just a legitimate arrest.
Posted on 11/8/22 at 12:25 pm to stout
Ego always ruins cops . It’s always when they get their little feelings hurt that they go full Stasi. Tender little feels.
Posted on 11/8/22 at 12:28 pm to brass2mouth
He can be arrested for refusing the identify himself if there is reasonable suspicion, and they aren’t required to notify you of that suspicion at the time. They would just have to prove it later in court.
In the police report they say he jwalked. So unfortunately this guys only hope is to say he was discriminated because of the stick. Which is probably a winning case tbh.
I wasn’t aware that LA is also a stop and identify state. That needs to be changed.
In the police report they say he jwalked. So unfortunately this guys only hope is to say he was discriminated because of the stick. Which is probably a winning case tbh.
I wasn’t aware that LA is also a stop and identify state. That needs to be changed.
Posted on 11/8/22 at 12:38 pm to WaWaWeeWa
quote:
He can be arrested for refusing the identify himself if there is reasonable suspicion, and they aren’t required to notify you of that suspicion at the time. They would just have to prove it later in court.
You can be stopped for RS but you need PC for an arrest.
However, if jaywalking is a legitimate citable violation then he has to identify himself.
quote:
wasn’t aware that LA is also a stop and identify state. That needs to be changed.
No it doesn’t.
This post was edited on 11/8/22 at 12:41 pm
Posted on 11/8/22 at 12:43 pm to brass2mouth
quote:
You can be stopped for RS but you need PC for an arrest. However, if jaywalking is a legitimate citable violation then he has to identify himself.
That’s what I mean
If the jaywalking is the reasonable suspicion then he must identify himself. If he doesn’t identify himself he can be arrested.
That’s how the court will see it.
He would have to prove they didn’t have reasonable suspicion which is a very low bar.
But they will probably settle with him because of the disability discrimination issue.
Posted on 11/8/22 at 12:44 pm to stout
quote:sodomized you with a night stick?
Can't
Posted on 11/8/22 at 12:46 pm to brass2mouth
95% of people in this thread think they can do what this guy did and win in court. They are wrong.
Posted on 11/8/22 at 12:52 pm to WaWaWeeWa
quote:
95% of people in this thread think they can do what this guy did and win in court. They are wrong.
Right.
The optics of it sucks and it could’ve been handled better by all parties.
That being said I can disagree with how it was handled but be objective enough to realize the chances of it being as egregious as others are portraying are slim.
Posted on 11/8/22 at 12:57 pm to WaWaWeeWa
He has a slam dunk 4A case. You're saying no?
Posted on 11/8/22 at 12:59 pm to WaWaWeeWa
quote:
95% of people in this thread think they can do what this guy did and win in court. They are wrong.
They violated his 4th amendment rights and then proceeded to arrest him because they had their feelings hurt. A mediocre lawyer would win a civil suit here.
Posted on 11/8/22 at 1:00 pm to Sao
quote:
He has a slam dunk 4A case. You're saying no?
Based on everything I’ve researched I’m saying no.
He may have a disability discrimination argument with the cane
Posted on 11/8/22 at 1:01 pm to Powerman
quote:
They violated his 4th amendment rights and then proceeded to arrest him because they had their feelings hurt. A mediocre lawyer would win a civil suit here.
I don’t like what they did but they have legal justification for it.
Posted on 11/8/22 at 1:03 pm to stout
Eh, I don't like that he refused to identify himself. That attitude doesn't help the situation.
Posted on 11/8/22 at 1:03 pm to WaWaWeeWa
quote:
I don’t like what they did but they have legal justification for it.
No they don't
Even if he was jaywalking they weren't even addressing that and that's not an arrestable offense. If this guy files a civil suit he's winning it.
Posted on 11/8/22 at 1:05 pm to Sao
At the end of the video the supervisor told the woman cop to book the old man for resisting.
The arrestee absolutely has a case and the city will settle to make this go away.
The arrestee absolutely has a case and the city will settle to make this go away.
Posted on 11/8/22 at 1:05 pm to WaWaWeeWa
It's not about his disability. It was about her reason for a stop... the weapon stop ceased when she ascertained it wasn't an .50 cal.
He'll win 6 figs
Posted on 11/8/22 at 1:05 pm to WaWaWeeWa
All he had to do was identify himself and it's all good. If it's worth it to others to fight it then understand you may be arrested.
I don't think it's worth it, because I rather go on about my day than argue.
I don't think it's worth it, because I rather go on about my day than argue.
Posted on 11/8/22 at 1:07 pm to Powerman
quote:
No they don't Even if he was jaywalking they weren't even addressing that and that's not an arrestable offense.
They don’t have to address it or notify you to ask for his identification.
He lives in a stop and identify state
quote:
REASONABLE SUSPICION IN ACTION Officer Haulk is downtown, wearing plain clothes at 2:30 in the afternoon. He notices two men, Joe and Calvin, standing at a street corner. Something about them doesn't seem right to him, so he continues to watch them from a distance. He sees Calvin walk down the street, past some stores. Calvin pauses and looks in a store window, then turns around and rejoins Joe. Joe then walks to the same store window, looks in, and returns to Calvin. Joe and Calvin trade off walking to the same window and looking in it until each has done so six times. Officer Haulk sees a third man walk up to Calvin and Joe and engage them in conversation, then walk away. Calvin and Joe continue their pacing for another ten minutes, then walk in the direction of the third man. Suspecting that they are "casing a job" before committing a robbery, Officer Haulk approaches the three men and identifies himself as a police officer. He asks for their names and receives a mumbled, unintelligible response. Haulk then grabs Calvin, spins him around, and pats him down; he finds a pistol in Calvin's jacket pocket. He also pats down the other two men, finding another gun on Joe. Before Calvin's trial for gun possession, his lawyer brings a motion to suppress evidence of the gun in his jacket. The court rules that Officer Haulk was entitled to approach the men and ask them their names. It further finds that, because he limited his search to a pat-down and had a reasonable suspicion that Calvin was armed and dangerous, Haulk was justified in grabbing and searching him. Accordingly, the court denies the motion to suppress. (Terry v. Ohio, 392 U.S. 1 (1968).)
LINK
Posted on 11/8/22 at 1:09 pm to Sao
quote:
It's not about his disability. It was about her reason for a stop... the weapon stop ceased when she ascertained it wasn't an .50 cal.
The police report says he jwalked. That’s their reasonable suspicion.
I don’t like it but I’m telling you why he would lose in court. Now if he can prove he didn’t jwalk through some sort of video he has a good case.
Posted on 11/8/22 at 1:12 pm to WaWaWeeWa
quote:
The police report says he jwalked
And she should've kept it at that.
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