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re: Black pastor is handcuffed for watering his neighbor's flowers

Posted on 8/25/22 at 2:59 pm to
Posted by DisplacedBuckeye
Member since Dec 2013
73327 posts
Posted on 8/25/22 at 2:59 pm to
quote:

your contribution has devolved to nitpicking the autocorrect on my phone.


Nitpicking? With a laughing emoji?

Don't be so soft.
Posted by CaptSpaulding
Member since Feb 2012
6534 posts
Posted on 8/25/22 at 3:11 pm to
Damn, some of y’all could wake up in the middle of the night to the police burning down your house, and still take their side.
Posted by roadGator
Member since Feb 2009
141110 posts
Posted on 8/25/22 at 3:22 pm to
Who calls the cops on people water flowers?
Posted by UncleFestersLegs
Member since Nov 2010
11041 posts
Posted on 8/25/22 at 3:23 pm to
quote:

Nitpicking? With a laughing emoji?

Don't be so soft.
or you could explain why you disagree with someone exercising their 4th amendment rights.
Posted by LSUAngelHere1
Watson
Member since Jan 2018
8270 posts
Posted on 8/25/22 at 3:24 pm to
quote:

I'm actually amazed that you come down on the side of gross incompetence by law enforcement. Are you ever right about anything?

Contrarians refuse to agree even when they actually do.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89734 posts
Posted on 8/25/22 at 3:27 pm to
quote:

Who calls the cops on people water flowers?




I live in a pretty paranoid subdivision. Someone shows up and looks out of place, we hear about through the message tree fairly quickly.

On the other hand, anyone who is that focused on this yard ought to recognize the literal neighbor from across the street. Particularly when it is obvious he isn't trying to break in, isn't trying to steal anything, just water the flowers.

So, is this some neighborhood beef during which someone is trying to use the cops?
Posted by DisplacedBuckeye
Member since Dec 2013
73327 posts
Posted on 8/25/22 at 3:59 pm to
quote:

or you could explain why you disagree with someone exercising their 4th amendment rights.


I don't, as I've said several times.
Posted by dgnx6
Baton Rouge
Member since Feb 2006
69152 posts
Posted on 8/25/22 at 4:01 pm to
quote:

He’s not required.. cops are sworn to uphold the very document that allows him to refuse



if i was black and had an ID, i would be showing that to every mother fricker since id be the only one with one.

Posted by UncleFestersLegs
Member since Nov 2010
11041 posts
Posted on 8/25/22 at 4:10 pm to
quote:

You don't have to side with police to be opposed to the actions of the "pastor."
ok
Posted by 19
Flux Capacitor, Fluxing
Member since Nov 2007
33276 posts
Posted on 8/25/22 at 4:13 pm to
quote:

Classic cop horseshite


These ones is inbred, Baw.
Too much bama in 'em.
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 8/25/22 at 4:17 pm to
quote:

it wasn't until cops started demanding ID


Demand or ask (initially)?

de·mand
[d?'mand]
NOUN
an insistent and peremptory request, made as if by right:


quote:
they had no authority


Right or not, why not just comply to be a good guy - not an arse?

It is not as if they were "demanding" him to wash their car.



it was a demand...if it was just an ask then why would they arrest him for obstruction for not IDing.

why not just comply? bc its his right. why dont you ask why the cops didn't just respect his right to not comply.

Posted by AMS
Member since Apr 2016
6498 posts
Posted on 8/25/22 at 4:23 pm to
quote:

Once the cops are involved, they HAVE to document who, what, when, where and why


thats the thing, cops are supposed to do these things when they get involved, but the pastor had no obligation to assist the cops in their investigation.
they dont have to trump up fake obstruction charges against the man acting within his rights.

quote:

His options - at that point, were to go home or go home and get his ID and come back


cops options at that point -accept the fact they had no authority to demand ID, or say F it lets throw some charges at the man and open up ourselves and the jurisdiction to litigation because the pastor didnt lick boots.
This post was edited on 8/25/22 at 4:41 pm
Posted by AUauditor
Georgia
Member since Sep 2004
1069 posts
Posted on 8/25/22 at 4:37 pm to
quote:

They had what they needed to determine he wasn't a criminal.


A name...because criminals don't lie and give false names?
Posted by DisplacedBuckeye
Member since Dec 2013
73327 posts
Posted on 8/25/22 at 4:38 pm to
Let me know when you have a point.
Posted by UncleFestersLegs
Member since Nov 2010
11041 posts
Posted on 8/25/22 at 4:40 pm to
quote:

they dont have to trump up fake obstruction charges against the man acting within his rights.
that's still the thing I don't understand. After they determined he was supposed to be there, they still charged him for exercising a constitutional right. Their qualified immunity should be gone.
Posted by TROLA
BATON ROUGE
Member since Apr 2004
12498 posts
Posted on 8/25/22 at 5:01 pm to
quote:

A name...because criminals don't lie and give false names?


Let’s just get this out in the open

Do you support citizens rights to not provide ID when they haven’t been accused/arrested or are not the driver in a motor vehicle stop?

Only a couple states are stop and ID and even then there’s a narrow interpretation which is constantly avoided by law enforcement
This post was edited on 8/31/22 at 5:09 pm
Posted by AMS
Member since Apr 2016
6498 posts
Posted on 8/25/22 at 5:02 pm to
quote:

that's still the thing I don't understand. After they determined he was supposed to be there, they still charged him for exercising a constitutional right. Their qualified immunity should be gone.


they may have actually believed they can legally charge someone for refusing to ID when asked for any reason at all.

I hope the pastor sues the shite out of them personally and the whole city/town or whatever jurisdiction. hopefully taxpayers find out they are footing the bill and decide to hold the authorities accountable for such behavior. hopefully other cops will hear about it and take it as a warning or teachable moment
kinda lame it has to happen that way, but seems like the only recourse when cops ignore those pesky rights.
Posted by Palmetto08
Member since Sep 2012
4054 posts
Posted on 8/26/22 at 10:59 pm to
Pastor could have easily diffused the situation by complying. His attitude bit him.
This post was edited on 8/26/22 at 11:00 pm
Posted by LordSaintly
Member since Dec 2005
39027 posts
Posted on 8/27/22 at 12:06 am to
quote:

A name...because criminals don't lie and give false names?


Neighbors told the cops several times who he was and that he lived in the neighborhood.
Posted by This GUN for HIRE
Member since May 2022
3050 posts
Posted on 8/27/22 at 1:50 am to
The federal criminal statute that enforces Constitutional limits on conduct by law enforcement officers is 18 U.S.C. § 242. Section 242 provides in relevant part:

"Whoever, under color of any law, …willfully subjects any person…to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States [shall be guilty of a crime]."

Section 242 is intended to "protect all persons in the United States in their civil rights, and furnish the means of their vindication." Screws v. United States, 325 U.S. 91, 98 (1945) (quoting legislative history).

Failure to Intervene

An officer who purposefully allows a fellow officer to violate a victim's Constitutional rights may be prosecuted for failure to intervene to stop the Constitutional violation. To prosecute such an officer, the government must show that the defendant officer was aware of the Constitutional violation, had an opportunity to intervene, and chose not to do so. This charge is often appropriate for supervisory officers who observe uses of excessive force without stopping them, or who actively encourage uses of excessive force but do not directly participate in them.



Pretty serious. Stop an ID laws are unconstitutional and states that have them are asking to be sued.

One of the first thing’s an officer does is take an oath to uphold the Constitution. It is very serious when a person’s rights are violated. At no point in an officers daily routine, or career should they ever violate a citizen’s rights. That’s right, no citizen should ever have their rights violated by law enforcement.

Some rights violations are a felony, some states are stricter than others. Colorado & NM have banned the use of qualified immunity in state courts. Is crazy to me that any part of our society has immunity. This is the first step, get rid of qi, & let the money for law suits come from a fund, &/or insurance set aside, instead of out of tax payers pockets.

If the cops don’t pay a price for it, why the hell would they stop. They need a deterrent. The militarization of law enforcement in this country was a mistake. Most people are law abiding citizens. If a cop is scared, another line of work would most likely be the best thing.

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