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re: Has a photo of the tyrant that arrested the legally blind man in FL been posted?

Posted on 11/8/22 at 4:56 pm to
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 4:56 pm to
Do you know what stop and identify laws are? If not you might want to review those first.

frick these cops. I’m not supporting them.

I’m just trying to tell you that if you try this you are going to get fricked 10 times out of 10 because of the way the law is written in stop and identify states which LA is one.

But believe what you want.
Posted by Y.A. Tittle
Member since Sep 2003
101987 posts
Posted on 11/8/22 at 5:12 pm to
quote:

I’m just trying to tell you that if you try this you are going to get fricked 10 times out of 10 because of the way the law is written in stop and identify states which LA is one.

But believe what you want.



I wasn't arguing technical legality.

I just thought it was bullshite that they didn't let him go on his way when the very clearly discernible ONLY REASON THEY STOPPED HIM was clearly proven to be something else.
Posted by LSUintheNW
At your mom’s house
Member since Aug 2009
35764 posts
Posted on 11/8/22 at 5:16 pm to
quote:


I personally had an incident not long ago that opened my eyes. I will never give one the benefit of doubt again.


I learned 28 years ago.

I treat the police like they treat me.

Posted by PUB
New Orleans
Member since Sep 2017
18389 posts
Posted on 11/8/22 at 5:24 pm to
Half of them are rotten to the core. There is a good reason cops have been called PIGs for over 50 years.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 5:26 pm to
quote:

just thought it was bull shite that they didn't let him go on his way when the very clearly discernible ONLY REASON THEY STOPPED HIM was clearly proven to be something else.


It’s complete bullshite but the way the law is written they can do it.

What I learned is that you are only required to say your name and address at most and you don’t have to present ID if you aren’t in a car.

Then you can go on your way if they aren’t detaining you for suspicion of a crime.

But if you refuse to give your name you could get fricked. You will have to go to court and prove they didn’t have suspicion of something when they get to write the report after.
Posted by Y.A. Tittle
Member since Sep 2003
101987 posts
Posted on 11/8/22 at 5:33 pm to
quote:

But if you refuse to give your name you could get fricked. You will have to go to court and prove they didn’t have suspicion of something when they get to write the report after.


I'm not even asserting the guy wasn't stupid. I just think police need to have better things to do than to arrest people purely for being stupid, which was the ONLY reason to possibly arrest this guy.
Posted by Displaced
Member since Dec 2011
32738 posts
Posted on 11/8/22 at 5:36 pm to
quote:

What I learned is that you are only required to say your name and address at most and you don’t have to present ID if you aren’t in a car.

Then you can go on your way if they aren’t detaining you for suspicion of a crime.


You're wrong.
quote:

But if you refuse to give your name you could get fricked. You will have to go to court and prove they didn’t have suspicion of something when they get to write the report after.
so guilty until proven innocent?

You need to read terry v Ohio and read up on RAS.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 5:43 pm to
quote:

You're wrong.


Link?

quote:

You need to read terry v Ohio and read up on RAS.


I did. Will you go read what a “stop and identify” state is?
This post was edited on 11/8/22 at 5:45 pm
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 5:51 pm to
LINK

quote:

Some citizens have been misled by websites and other organizations that promote “sovereign rights.” If any law enforcement officer has reason to interact with someone in an official capacity, Louisiana law states that the officer has certain rights to detain and question.

LA Criminal Code: Article 215.1. Temporary questioning of persons in public places; frisk and search for weapons.

A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.

B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person. Your stories live here. Fuel your hometown passion and plug into the stories that define it. Create Account

C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.

The officer does not have to observe criminal activity. If an officer has reasonable suspicion that a person may have been recently involved in criminal behavior, then he has the right to interact.

For instance, if he has been alerted by his dispatch or by his “pass on” from a previous shift that a red Buick with body damage on the passenger side was involved in a hit-and-run crash in the area, and you’re driving a red Buick with some damage on the passenger side, the officer can stop you, even if he has not observed any specific criminal behavior. Once the reasonable interaction is initiated, then you are bound by Louisiana law to cooperate and provide proof of your identity. You may be detained as long as reasonably necessary.

This post was edited on 11/8/22 at 5:52 pm
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 11/8/22 at 5:59 pm to
quote:

For instance, if he has been alerted by his dispatch or by his “pass on” from a previous shift that a red Buick with body damage on the passenger side was involved in a hit-and-run crash in the area, and you’re driving a red Buick with some damage on the passenger side, the officer can stop you, even if he has not observed any specific criminal behavior. Once the reasonable interaction is initiated, then you are bound by Louisiana law to cooperate and provide proof of your identity. You may be detained as long as reasonably necessary.


1. LEO's aren't exactly known for their expertise in the nuances of the law, unfortunately.
2. You have to read your bolded sentence within the larger context of the statement. In Sheriff Guidroz's hypothetical, there is ongoing reasonable suspicion. At which point there is no longer reasonable suspicion, the interaction may be lawfully terminated by the citizen. If in his hypothet, dispatch calls as he's walking up to the vehicle and says they were wrong, it was actually a white Cadillac, the individual should no longer be detained. The license issue is complicated by the fact that this hypothet involves a motor vehicle, but we'll ignore that aspect for the sake of simplicity.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 6:02 pm to
So does jwalking allow the police to stop you and ask for identification?

And are they required to state every reason why they are asking you for identification?
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
26162 posts
Posted on 11/8/22 at 6:05 pm to
quote:

Do you know what stop and identify laws are? If not you might want to review those first.


I would argue that under the FL Stop and Frisk Law once the officer saw there was no weapon in his back pocket there was no longer reasonable indication that the man has committed, is committing, or is about to commit a violation of the criminal laws. As such the officer's underlying requirement for the stop was no longer valid and thus the right to demand ID was no longer covered within the scope of the statute.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 6:07 pm to
quote:

I would argue that under the FL Stop and Frisk Law once the officer saw there was no weapon in his back pocket there was no longer reasonable indication that the man has committed, is committing, or is about to commit a violation of the criminal laws. As such the officer's underlying requirement for the stop was no longer valid and thus the right to demand ID was no longer covered within the scope of the statute.


I agree. Until I saw the police report said he crossed a street illegally. A bullshite law no doubt but if he can’t dispute that then they may argue they still had a right to stop him.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 11/8/22 at 6:10 pm to
quote:

So does jwalking allow the police to stop you and ask for identification?


Depends on the local ordinance, I would imagine.

quote:

And are they required to state every reason why they are asking you for identification?


Required is a fairly strong word. Cops apparently aren't required to do much of anything. They aren't required to protect citizens (see: Town Of Castle Rock, Colorado V. Gonzales), they aren't required to know the law (see: Heien v. North Carolina), they aren't required to not violate your constitutional rights (see: the body of qualified immunity jurisprudence), and they aren't required to prove you've committed a crime before stealing from you (see: the body of civil asset forfeiture jurisprudence). They are supposed to, but required? I'm not sure I can find anything they are truly required to do at this point.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 6:13 pm to
quote:

Required is a fairly strong word. Cops apparently aren't required to do much of anything. They aren't required to protect citizens (see: Town Of Castle Rock, Colorado V. Gonzales), they aren't required to know the law (see: Heien v. North Carolina), they aren't required to not violate your constitutional rights (see: the body of qualified immunity jurisprudence), and they aren't required to prove you've committed a crime before stealing from you (see: the body of civil asset forfeiture jurisprudence). They are supposed to, but required? I'm not sure I can find anything they are truly required to do at this point.


And that’s exactly my point. It’s utter bullshite, but if you do what this guy did you are likely going to get fricked and lose in court.

The laws need to be changed because obviously they can still act within the law and interactions like this happen.

And he might not have even jwalked but if they put it in the report and you can’t dispute it you are gunna get fricked.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 11/8/22 at 6:30 pm to
quote:

And he might not have even jwalked but if they put it in the report and you can’t dispute it you are gunna get fricked.


You understand this is the core why public opinion has begun to turn against police, right? People have heard stories for decades, if not centuries, about police lying to cover for each other at best and being flat out illegally corrupt at worst. And now in the age of body worn cameras, we are being given proof of that damned near every day. They know they are being recorded, but the arrogance is so deep rooted at this point that they keep up the bullshite, on camera, every single day.

Why on earth should we be giving law enforcement the benefit of the doubt at this point? They have proven over and over again that they don't deserve it. They are supposed to be above reproach; they are supposed to watch the watchmen. So when a situation like this occurs, I see absolutely no reason for everyone to fall all over themselves to find some half-assed way the cops could be technically correct. frick. That. shite. I don't care if we have to cut the police force by 50%, pay them each $100k a year, and focus on real, actual police work instead of penny ante bullshite. I'm over the self-important jackbooted thugs. The Thin Blue Line crowd wants to cry over LEOs not being treated with deference? They fricking earned being questioned on every step they take.

ETA: And for the record, I have friends who are LEOs, both PD/SO as well as POs. Love them dearly. Great people. But if they ever told me that they thought LEOs should be cut more slack, I would tell them that they should be above reproach, period. I'm an attorney; I can't handcuff or lock anyone in a cage. And literally every decision I make is scrutinized for, potentially, decades. I can be sued, or even disbarred, for mere negligence. LEOs need to buck the frick up.
This post was edited on 11/8/22 at 6:38 pm
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 6:40 pm to
I actually agree with everything you said. I was just trying to interpret the law and figure out what I can do without creating a massive headache for myself.

and another concern I have is why are so many nonviolent crimes even crimes? If things like jwalking and other trivial misdemeanors aren’t crimes then that takes a lot of power out of their hands to abuse people.

There’s so many damn laws, codes, and violations we are all breaking them everyday at some point.

It cuts both ways though, if my wife calls and says there is a suspicious man sitting in his car outside our house all day staring at her I want the cops to be able to ask him his name. It would be nice if people could just be reasonable.
Posted by dallastigers
Member since Dec 2003
5789 posts
Posted on 11/8/22 at 6:48 pm to
I know they saw him cross with stick in pocket as it was mentioned he crossed when light said no crossing and legally blind isn’t completely blind, but if he uses cane walking at night shouldn’t he use it when lighting is pretty dim like in pics (overcast and sunrise little before 8 on this day)?


Outside of Florida or local law that allows citations/tickets or checking ID for crossing against signals or any actual concern about someone walking against the signal who had a walking stick not in use (which is definitely not the case here with the thinking it was weapon) the cops shouldn’t have pushed for ID without some kind of infraction they are citing before argument happens which doesn’t appear to be case based on video.

The guy must have some black in him that those cops sensed since this kind of thing only happens to blacks…

Regardless I am still not going to get arrested over issue or argue about it. Show it and then file a complaint or something else about it later.

quote:

The officer then asked Hodges if he was legally blind, to which Hodges replied that he was and that he'd used the cane to help him walk through the dark to jury duty that morning.


What time do they have to show when called for jury duty in Florida for this guy to be dismissed, walking, and then handcuffed by 8:09am (if time on pic is correct)?


Posted by Joshjrn
Baton Rouge
Member since Dec 2008
27472 posts
Posted on 11/8/22 at 6:48 pm to
quote:

I actually agree with everything you said. I was just trying to interpret the law and figure out what I can do without creating a massive headache for myself.

That's a personal call less than it is a legal one. No prosecutor is actually going to go forward with these bullshite resisting charges, whether they technically could or not. And because of qualified immunity, there is absolutely zero risk for an officer who decides to flex on you for no reason, legal or not. You have to decide whether it's worth the aggravation for you.

quote:

and another concern I have is why are so many nonviolent crimes even crimes? If things like jwalking and other trivial misdemeanors aren’t crimes then that takes a lot of power out of their hands to abuse people.

There’s so many damn laws, codes, and violations we are all breaking them everyday at some point.

Special interest groups. If my memory serves me, jaywalking laws were pushed by car companies. In fact, it's actually low-key classist. A "jay" was a slang word for ignorant country folk in the city. So "jaywalking" described those ignorant country folk who don't know any better than walking across the street meant for cars. List off any victimless crime and I guarantee there's a special interest group behind it, though sometimes that "special interest group" is simply the government wanting more revenue.

quote:

It cuts both ways though, if my wife calls and says there is a suspicious man sitting in his car outside our house all day staring at her I want the cops to be able to ask him his name. It would be nice if people could just be reasonable.


Sure, but what percentage of our police force are responding to calls like that, and what percentage is camping out under overpasses giving seat belt and inspection sticker tickets? "Defund the police" was the dumbest fricking slogan ever, but if you sifted through the bullshite, there is a core truth: we ask police to enforce too many laws and wear too many hats. We need to have a serious conversation about how we got to where we are and how to fix it. Because things aren't showing any signs of getting better.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 11/8/22 at 7:02 pm to
quote:

the cops shouldn’t have pushed for ID without some kind of infraction they are citing before argument happens which doesn’t appear to be case based on video.


They should have to, but I don’t think they do have to state why before the ask for ID or at anytime really. I haven’t found that requirement anywhere.

He better push the disability discrimination angle or he might lose.

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