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re: Tyreek Hill Arrest Footage Released

Posted on 9/10/24 at 4:28 pm to
Posted by Lonnie Utah
Utah!
Member since Jul 2012
34447 posts
Posted on 9/10/24 at 4:28 pm to
quote:

Following lawful orders is though. Accept it


Here's where you are wrong again. Fla law doesn't say you have to roll your window down. It's says you must present the documents that allow you to drive. If you can do that you are under no obligation to roll a window down.

Therefore a request to roll down the window, is nor a legal and lawful order.
This post was edited on 9/10/24 at 4:30 pm
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 9/10/24 at 4:30 pm to
jeez, I can't believe y'all are still arguing this lol.

lsugaypride87 is right, there's the law, and then there's what actually happens in common practice. no judge is going to side with you arguing rolling down the window isn't a lawful order
Posted by Lonnie Utah
Utah!
Member since Jul 2012
34447 posts
Posted on 9/10/24 at 4:36 pm to
quote:

lsugaypride87 is right, there's the law, and then there's what actually happens in common practice. no judge is going to side with you arguing rolling down the window isn't a lawful order



Except it isn't

Watch this video. It CLEARLY states you don't have to roll your windows down in Florida when the police stop you.



Posted by moneyg
Member since Jun 2006
62902 posts
Posted on 9/10/24 at 4:36 pm to
quote:

Not required. Not against the law to provide documents and roll windows up.



It's also not illegal to detain an individual who disobeys direct orders during a stop.

He was told to roll the window down. He refused.

He was then told to get out of the vehicle. He refused.

Posted by lsufball19
Franklin, TN
Member since Sep 2008
73244 posts
Posted on 9/10/24 at 4:38 pm to
quote:

Fla law doesn't say you have to roll your window down. It's says you must present the documents that allow you to drive. If you can do that you are under no obligation to roll a window down.

The cops also had lawful authority to detain Tyreek Hill under their stop and frisk statute.(see 901.151). It's also unlawful for Tyreek Hill to disobey a lawful order from a police officer (see 316.072 (3)). Asking someone to roll down their window (and keep it down) during a traffic stop and/or asking someone to exit the vehicle during a traffic stop are not unlawful orders. Hill defied both orders. So yes, what he did was unlawful.
Posted by Lonnie Utah
Utah!
Member since Jul 2012
34447 posts
Posted on 9/10/24 at 4:38 pm to
quote:

It's also not illegal to detain an individual who disobeys direct orders during a stop.


Ummmm, ever heard of the 4th amendment?
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 9/10/24 at 4:39 pm to
cool, but I mean, even the ACLU recommends you comply with it

quote:

The ACLU recommends drivers roll them down at least far enough to be able to hand over required documents – license, registration and proof of insurance – to the officer.

A blog post on Pittsburgh criminal law firm Worgul, Sarna & Ness' website says that in Pennsylvania, rolling down one’s window is not required but recommended.

“Not only does this help communication,” it says, “but rolling down your window all the way puts the officer at ease and shows them you have nothing to hide.”

If an officer asks you to roll down your window, the firm said, drivers should do so to comply.


LINK
Posted by SoFla Tideroller
South Florida
Member since Apr 2010
40807 posts
Posted on 9/10/24 at 4:40 pm to
(2) Except as provided in ss. 316.1001(2), 316.0083, 316.173, and 316.1896, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear.

That's 318.14(2). Who knew a curbside lawyer would be wrong?
Posted by lsufball19
Franklin, TN
Member since Sep 2008
73244 posts
Posted on 9/10/24 at 4:41 pm to
quote:

Watch this video

that video is about unlawful stops without probable cause any violation has occurred (i.e. DUI checkpoints). Good job on missing the entire point of that news story
Posted by Lonnie Utah
Utah!
Member since Jul 2012
34447 posts
Posted on 9/10/24 at 4:43 pm to
quote:

unlawful for Tyreek Hill to disobey a lawful order from a police officer (see 316.072 (3)).


What is the definition of lawful order and where in the code is it defined?
Posted by Lonnie Utah
Utah!
Member since Jul 2012
34447 posts
Posted on 9/10/24 at 4:43 pm to
quote:

(2) Except as provided in ss. 316.1001(2), 316.0083, 316.173, and 316.1896, any person cited for a violation requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation listed in chapter 316 must sign and accept a citation indicating a promise to appear.



That's valid. But they weren't to that point of the stop yet.
This post was edited on 9/10/24 at 4:44 pm
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
91337 posts
Posted on 9/10/24 at 4:44 pm to
quote:

The cops also had lawful authority to detain Tyreek Hill under their stop and frisk statute.(see 901.151). It's also unlawful for Tyreek Hill to disobey a lawful order from a police officer (see 316.072 (3)).
Sure



But Hill didn’t do anything to warrant what they did to him.

At worst they should have simply detained him when he calmly stepped out of the vehicle.
Posted by Lonnie Utah
Utah!
Member since Jul 2012
34447 posts
Posted on 9/10/24 at 4:44 pm to
quote:

cool, but I mean, even the ACLU recommends you comply with it



What's the definition of a recommendation vs a requirement?
Posted by ole man
Baton Rouge
Member since Nov 2007
17931 posts
Posted on 9/10/24 at 4:45 pm to
Cops were kinda power tripping if you ask me
Posted by CAD703X
Liberty Island
Member since Jul 2008
93186 posts
Posted on 9/10/24 at 4:46 pm to
quote:

But Hill didn’t do anything to warrant what they did to him.
pretty sure rolling up that blacked out window in the cops face got them pretty amped up.

i'm sure they go through training scenarios where an uncompliant driver closes their window and all kinds of bad things could ensue.

dont be a dick, tyreek and none of this would have happened you entitled little prick.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 9/10/24 at 4:48 pm to
that's nonsensical here.

when legal experts who have experience with how the law is applied in court agree that you should do certain things, that's de facto saying what the law is. again, there are the actual legal definitions and then there's common practice and case law that truly define what and how the laws are applied.
Posted by CAD703X
Liberty Island
Member since Jul 2008
93186 posts
Posted on 9/10/24 at 4:49 pm to
just fricking be polite and give them your license and you would have had a print-out of the ticket and back on the road in 5 minutes.

jesus. its not like mr. mclaren can't afford a $179 ticket.

"my bad officers, i was just amped for the game and didn't realize how fast i was going"

hell, they probably would have even let him off with a warning after realizing he was an NFL player.
This post was edited on 9/10/24 at 4:51 pm
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 9/10/24 at 4:50 pm to
and right or wrong, fight the cops in court, not in the streets. the former you can win, the latter, you can literally die.
Posted by ReauxlTide222
St. Petersburg
Member since Nov 2010
91337 posts
Posted on 9/10/24 at 4:51 pm to
quote:

pretty sure rolling up that blacked out window in the cops face got them pretty amped up.
It didn’t. Do they look nervous to you? And he didn’t really do that. He went all the way down to originally talk to the cop and hand shite over, then goes back up. Doesn’t seem weird at all.

Cop wants it back down. Tyreek stretches and puts his seatbelt on during this. The cop still isn’t nervous, as he can see Tyreek really well bc the windows aren’t THAT tinted. Then Tyreek lowers the window a pretty solid ways. 3-5 inches I’d guess. Cop can see him just fine.

Cop says he will take him out if he doesn’t lower it more. Before anyone has a chance to lower a window the cop says get out.

That’s weird and kindly poor performance. That’s not good policing.

Even still, Tyreek tries to calmly get out. They don’t let him and attack him.
This post was edited on 9/10/24 at 4:54 pm
Posted by CAD703X
Liberty Island
Member since Jul 2008
93186 posts
Posted on 9/10/24 at 4:56 pm to
quote:

Even still, Tyreek tries to calmly get out.


thats your take away?

not the non-stop jaw jacking he was doing from the moment he was pulled over?
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