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Started By
Message
re: It's getting tough to defend police. Threatning to take kid at traffic stop
Posted on 10/6/14 at 12:07 pm to The Third Leg
Posted on 10/6/14 at 12:07 pm to The Third Leg
quote:
What did you see? I think you're just not all that bright--actually, I know that from previous run-ins with you.
You're such a meaney.
I'm taking a logical stab at this. Wondering why this takes place if it is unconstitutional. Comparing this to the Miranda rights deal that shaped police policy and procedure across the country. If I remember correctly, the Miranda deal resulted in a murderer being set free.
It seems to me if the police asking for the license was illegal, there would be some ruling against it.
Instead of replying to this you get all angry and start with the name calling..is that you conceding?
1
Posted on 10/6/14 at 12:07 pm to Breesus
quote:
This is exactly what the Nazis told the Jews and Stalins secret police told his people
Well that could never happen here.
Clearly the human race has evolved in 70 years.
Posted on 10/6/14 at 12:07 pm to fightin tigers
quote:
So defend your rights after the infraction not before.
Just take the beating....
It's how police sleep at night. They know they are in the wrong at times, but say "hey, it's ok I'll let the court work it out"
fricking pathetic.
Posted on 10/6/14 at 12:07 pm to meauxjeaux2
quote:
please enlighten me as to how this has anything to do with the video posted.
not saying it to put you down, just pointing it out as it may be a reason you will always lean towards the citizen over the cop.
You may have had reason to not trust a cop. I don't.
Posted on 10/6/14 at 12:08 pm to Five0
quote:
Was someone beaten in this case?
It's called hyperbole, generation for effect.
Posted on 10/6/14 at 12:08 pm to KosmoCramer
It is not a productive place. If I'm recording someone violating my rights and I'm recording it. I'm going to let them. Granted I'll be smiling inside. Then I'm going to own them. This is not rocket surgery.
Posted on 10/6/14 at 12:09 pm to KosmoCramer
quote:
They know they are in the wrong at times, but say "hey, it's ok I'll let the court work it out"
That is what 5-0 just told us to do.
Posted on 10/6/14 at 12:09 pm to TeddyPadillac
quote:
sounds like a bad father to me.
Because he doesn't want his kid living in a world where goons with badges and guns make things up as they go along?
Look, in that situation, with my kid(s) in the back seat, I probably give him my ID and go about my business (ignoring the fact that the stop was too long/f'd up from the get go). But I'll readily admit that the passenger was 100% right even though he didnt go about it in the right way.
Posted on 10/6/14 at 12:09 pm to KosmoCramer
One man's hyperbole is another man's strawman.
Posted on 10/6/14 at 12:09 pm to fightin tigers
I don't get how so many people are OK with the cops actions here. How far would it have to go before it became too far for you?
Police are funded by taxpayers for protection. How were any of the cops in this video protecting anyone? They threatened the very people they were supposed to be protecting with removing their child from them. They used Child Protective Services as a scare tactic.
And there are people here defending their actions?
Police are funded by taxpayers for protection. How were any of the cops in this video protecting anyone? They threatened the very people they were supposed to be protecting with removing their child from them. They used Child Protective Services as a scare tactic.
And there are people here defending their actions?
Posted on 10/6/14 at 12:10 pm to Five0
quote:
It is not a productive place. If I'm recording someone violating my rights and I'm recording it. I'm going to let them. Granted I'll be smiling inside. Then I'm going to own them. This is not rocket surgery.
Such measured response is not typically found amidst threats of state-sanctioned abduction.
Posted on 10/6/14 at 12:10 pm to Five0
quote:
It is not a productive place. If I'm recording someone violating my rights and I'm recording it. I'm going to let them. Granted I'll be smiling inside. Then I'm going to own them. This is not rocket surgery.
So I'm banking on a judge to protect my rights and I'll just let the cop do whatever he wants to me so I get to spend a night in jail? And I'm just supposed to take it? Have my child sent to CPS because of an unlawful order and just take that?
frick. No.
Posted on 10/6/14 at 12:11 pm to TeddyPadillac
quote:
I'm not a criminal. If everyone else was like me, and not a criminal, maybe we wouldn't have stops like this b/c they would never suspect anyone of anything.
Do you know how many millions of black people can say the exact same thing but can't expect the same respectful treatment you mistakenly believe police will give you?
I say mistakenly, because if it comes down to it and you somehow get on their radar, they will take your rights in a heartbeat, throw you under a jail or a headstone, and not lose any sleep over it.
Posted on 10/6/14 at 12:11 pm to Five0
quote:
Then I'm going to own them.
How? They get a slap on the wrist from their commanding officer.
A deputy isn't getting fired for violating what is viewed as a minor civil right.
Posted on 10/6/14 at 12:11 pm to Five0
quote:
Because passengers present a risk to officer safety equal to the risk presented by the driver, an officer may ask for identification from passengers and run background checks on them as well. - United States v. Rice, 483 F.3d 1079 (10th Cir. 2007)
MUCH different fact pattern in that case. The driver was a known criminal with an extensive rap sheet.
quote:
Police officers in Tulsa, Oklahoma recovered a gun belonging to Kevin Leroy Rice during an early morning traffic stop. The officers had stopped a car carrying Rice and two others in a high crime neighborhood after observing the car's suspicious driving pattern and a tag light violation. Suspicions were further aroused when during routine identification checks the rear seat passenger gave conflicting information about her identity. The officers also learned that Rice was known to be armed and dangerous and had an extensive criminal history including burglary, robbery, and shooting with intent to kill. The officers decided to remove Rice from the car [*1081] and conduct a pat-down search. Rice had a handgun in his pocket. Rice successfully argued in the district court that the police lacked reasonable suspicion to conduct the pat-down search. Finding the totality of circumstances supported the officer's reasonable belief that Rice might be carrying a weapon, we REVERSE the district court's ruling on the motion to suppress evidence of the gun.
Posted on 10/6/14 at 12:12 pm to texashorn
quote:
If the traffic stop (for speeding, as an example) is unnecessarily prolonged to bring in a drug dog when no reasonable suspicion of drug activity is apparent, then it is an unconstitutional seizure. Now, what is considered "unnecessarily prolonged" is up to the court, and that varies wildly. Generally, if it takes 20 minutes to run ID and write a ticket, then that's the window allowed -- not 45 minutes, not an hour.
quote:
Relevant USSC decision: Illinois v. Caballes
Now that's what I'm looking for... That seems to leave a lot of discretion for the judge. I wonder how one would go about finding what the proper amount of time for a stop?
Does Illinois v. Caballes apply here if no drugs are found? Does it allow for the guy to refuse to get out and show his Id? Not flaming, just curious...
Posted on 10/6/14 at 12:12 pm to KosmoCramer
quote:
banking on a judge
Or a jury. If you're right, neither. Obvious wrongs are settled with a quickness.
Posted on 10/6/14 at 12:13 pm to Five0
That still doesn't change the fact I'm in jail and my kid is at CPS because an overzealous cop overreached by enforcing an unlawful order.
Posted on 10/6/14 at 12:13 pm to Five0
quote:
Or a jury. If you're right, neither. Obvious wrongs are settled with a quickness.
I hope this a joke.
Posted on 10/6/14 at 12:13 pm to MMauler
What was found was not the issue.
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