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re: Teen Tased By Trooper On Girlfriend's Porch

Posted on 6/23/21 at 3:50 pm to
Posted by i am dan
NC
Member since Aug 2011
31687 posts
Posted on 6/23/21 at 3:50 pm to
quote:

Actually no, the cop has no idea if the kid lived at that house, if his friend lived there (which is the case), or anything else about the situation. It's not illegal to hide from the police, and that shouldn't be looked at as suspicious, IMO. Hiding is not a crime last time I checked.


I'm thinking running or hiding from cops is probably top on the list of suspicious activity. I may be wrong though.

If a cop is walking down the street and a store gets robbed and someone comes running out of the store and hides, do you think the cop should not be suspicious of that person?

This is just a general question, not pertaining to this story. You said running and hiding from cops shouldn't be considered suspicious activity.

Because that is
Posted by A Smoke Break
Lafayette
Member since Nov 2018
2175 posts
Posted on 6/23/21 at 3:53 pm to
quote:

So as long as I don't appear threatening I can ignore anything cops say to me?


Constitutionally, yes.

You can literally say "I do not speak to officers" and that's it.
Posted by i am dan
NC
Member since Aug 2011
31687 posts
Posted on 6/23/21 at 3:53 pm to
quote:

Should we be reaching conclusions with this as a basis?


I think this is interesting. Why else discuss it? And do you think your conclusion means anything? If so, what does you conclusion matter on this message board?

quote:

Why are you assuming everyone’s knowledge is as limited as yours?


Lucky guess. How many posters have stated they have served in LE in this thread? I counted zero.
This post was edited on 6/23/21 at 3:55 pm
Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 6/23/21 at 3:54 pm to
quote:

If a cop is walking down the street and a store gets robbed and someone comes running out of the store and hides, do you think the cop should not be suspicious of that person?

Let’s make it more comparable…A person runs down a street and appears to hide next to a tree, but no house has been robbed, no one is chasing him, and there is no claim or evidence of a crime occurring…what then?
Posted by lotik
Member since Jul 2018
530 posts
Posted on 6/23/21 at 3:55 pm to
Let's try it this way. Is suspicious activity a felony or a misdemeanor?
Posted by A Smoke Break
Lafayette
Member since Nov 2018
2175 posts
Posted on 6/23/21 at 3:55 pm to
quote:

Let’s make it more comparable…A person runs down a street and appears to hide next to a tree, but no house has been robbed, no one is chasing him, and there is no claim or evidence of a crime occurring…what then?


He's probably mentally handicapped or on drugs.
Posted by i am dan
NC
Member since Aug 2011
31687 posts
Posted on 6/23/21 at 3:56 pm to
quote:

Let’s make it more comparable…A person runs down a street and appears to hide next to a tree, but no house has been robbed, no one is chasing him, and there is no claim or evidence of a crime occurring…what then?


Is this about unconstitutional profiling?
Posted by A Smoke Break
Lafayette
Member since Nov 2018
2175 posts
Posted on 6/23/21 at 3:56 pm to
quote:

Let's try it this way. Is suspicious activity a felony or a misdemeanor?


Depends, is acting "suspicious", a total subjective observation from the other party, constitute illegal behavior period.
Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 6/23/21 at 3:57 pm to
quote:

I think this is interesting. Why else discuss it?
That’s fine. I didn’t suggest otherwise. However, you are reaching conclusions from a point of ignorance and teeing to argue the point while limiting the discussion to only the one statute posted in this thread. That doesn’t make sense. There is a lot of law on the subject of Terry stops that is pertinent.

quote:

And do you think your conclusion means anything?
Only to me.

Posted by i am dan
NC
Member since Aug 2011
31687 posts
Posted on 6/23/21 at 4:00 pm to
quote:

However, you are reaching conclusions from a point of ignorance and teeing to argue the point while limiting the discussion to only the one statute posted in this thread


Well, enlighten us. I figured the actual current laws would suffice.

quote:

Only to me.


Of course. What we say here doesn't mean jack.
Posted by lotik
Member since Jul 2018
530 posts
Posted on 6/23/21 at 4:02 pm to
You can be suspicious of a crime, agreed. You can't be suspicious of suspicious.
Posted by Napoleon
Kenna
Member since Dec 2007
74272 posts
Posted on 6/23/21 at 4:03 pm to
The teen had permission to be there. The officer didn't. This is easy. Officer overstepped. He should be demoted.
His request was unlawful.
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57012 posts
Posted on 6/23/21 at 4:05 pm to
quote:

If a cop is walking down the street and a store gets robbed and someone comes running out of the store and hides, do you think the cop should not be suspicious of that person?

This is just a general question, not pertaining to this story. You said running and hiding from cops shouldn't be considered suspicious activity.

Because that is


Your scenario involves a known crime being committed
Posted by i am dan
NC
Member since Aug 2011
31687 posts
Posted on 6/23/21 at 4:09 pm to
quote:

Your scenario involves a known crime being committed


Okay, no alarms. Cop doesn't know it was a robbery. Just sees someone running full speed out of a store.

I mean now a days that doesn't even matter. Ask Walgreens.
This post was edited on 6/23/21 at 4:10 pm
Posted by WDE24
Member since Oct 2010
54853 posts
Posted on 6/23/21 at 4:10 pm to
quote:

Is this about unconstitutional profiling?
Not really. It’s about what activity rises to a level a reasonable, articulable suspicion of crime that at least justifies a Terry stop. Then it is about use of force standards.

The cop clearly, IMO, has no justification for his use of force. Whether the Terry stop was justified or not is debatable and I haven’t researched the mountain of precedent that would inform that determination. It seems unnecessary, at least to me, since the use of force itself was clearly unjustifiable.
This post was edited on 6/23/21 at 4:10 pm
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57012 posts
Posted on 6/23/21 at 4:11 pm to
quote:

Okay, no alarms. Cop doesn't know it was a robbery. Just sees someone running full speed out of a store.



He has a right to question them, they dont have to answer or stick around
Posted by i am dan
NC
Member since Aug 2011
31687 posts
Posted on 6/23/21 at 4:12 pm to
quote:

He has a right to question them, they dont have to answer or stick around


According to that Florida law, they can detain them right?
Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57012 posts
Posted on 6/23/21 at 4:13 pm to
quote:

According to that Florida law, they can detain them right?


At this point of your scenario what crime does he suspect them of?
Posted by lotik
Member since Jul 2018
530 posts
Posted on 6/23/21 at 4:13 pm to
No. There isn't a crime.
Posted by kengel2
Team Gun
Member since Mar 2004
33737 posts
Posted on 6/23/21 at 4:13 pm to
quote:

The teen had permission to be there.


Everyone keeps saying this, but dont you think its weird that the video wasnt provided before the kid went to court and that the kid is still in jail.

Why didnt the girls parents give the video to the kids lawyer?
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