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re: New Louisiana law will criminalize approaching police under certain circumstances

Posted on 5/31/24 at 7:21 am to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476684 posts
Posted on 5/31/24 at 7:21 am to
quote:

If we didn't have assholes we wouldn't need laws at all.

This is exactly why we have the First Amendment, too

quote:

20ft is considered danger close with a blade.

We already have laws on the books for any attack with a blade.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59254 posts
Posted on 5/31/24 at 7:27 am to
I see the need for this in certain situations, but I also see how easy it will be to abuse this (especially when factoring in qualified immunity).

quote:

While the legislation’s language does not specifically mention filming, critics say that by default it would limit how close a person can be to observe police.


With most of today's cameras, 25 feet is nothing. This critique is empty.

quote:

Opponents have also gone further to question the law’s constitutionality, saying it could impede on a person’s First Amendment rights.


There is no Constitutional right to impede an officer lawfully carrying out his duty and many who get up close to an interaction are trying to do just that. I think 25 feet may be a bit excessive (10 feet, for example, should be enough) but I don't see this law getting tossed based on 1A rights any more so than the requirement for needing a permit to have a protest march.
Posted by Timeoday
Easter Island
Member since Aug 2020
23058 posts
Posted on 5/31/24 at 7:30 am to
quote:

What right do you have according to the law to shove your camera in the face of an officer doing his duty?


Is a police officer a gooooooooooooooberment official? If so, why does that goooooooooooooooooberment feel the need to place cameras everywhere filming 24/7 the activities of its citizenry?

No doubt, the ultimate racketeers are goooooooooooooooberment officials. Why do they not allow civilians to film them in return?
Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4443 posts
Posted on 5/31/24 at 7:34 am to
quote:

Yo slowflo is that your medical condition


LOL, Im a Constitutional Conservative who hates commies and the police state equally.

People filming the police arent the perps, they are, per the 1st amendment of the US Constitution, the free press. Police rarely know the law and abuse it regularly. They rarely hold their thin blue ego brothers accontable. I'd have much more respect for them if they played commando less and learned law more.

Arrest criminals, ignore cameras. Does your vagina bleed in line at a grocery store? Is that guy 3 feet away a danger to your officer safety? Quit being a pussy and do your job within the confines of the Constitution. But you cant because your ego is larger than your brain.
This post was edited on 5/31/24 at 7:41 am
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 7:36 am to
quote:

How far away would you need to be to not physically interfere?

Depends. Are you a known felon that the officer has interacted with before that just stumbled out of a bar?

Are you a nine year old girl?

There isn’t a standard answer for interference with an officers performance of his duties.
Posted by Flats
Member since Jul 2019
28134 posts
Posted on 5/31/24 at 7:36 am to
quote:

We already have laws on the books for any attack with a blade.


Well that's great for the dead guy. We know his killer will get punished.

Crowds do stupid shite, and the closer you let them get the more likely they are to do stupid shite. Psychology 101. 20 ft is plenty close for all the locals to record the event and I hope they do. They get to record, LE does its job without a mob being tempted to go ape.
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 7:37 am to
quote:

10 feet, for example, should be enough

10 feet is not enough distance for you to turn your back on someone if your attention is elsewhere and that person has nefarious intentions.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476684 posts
Posted on 5/31/24 at 7:38 am to
quote:

Is a police officer a gooooooooooooooberment official? If so, why does that goooooooooooooooooberment feel the need to place cameras everywhere filming 24/7 the activities of its citizenry?

Great point.
Posted by texasnativevisitor
Member since Jul 2020
53 posts
Posted on 5/31/24 at 7:38 am to
Wait… from the link:

quote:

However, with a new conservative governor in office and the GOP continuing to hold a supermajority in the Louisiana Legislature, the bill had a clear path forward.


Republicans pass it but dems rejoice? How’s that work again?
Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4443 posts
Posted on 5/31/24 at 7:39 am to
quote:

There isn’t a standard answer for interference with an officers performance of his duties.


Actually there is. Its been ruled on by superior courts a few times and is considered "physical interference." As usual, most cops dont know that because their training is to harm and attack and not to serve and protect.
This post was edited on 5/31/24 at 7:40 am
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 7:41 am to
quote:

Actually there is.

No, there isn’t. Officers have pretty wide discretion in that regard. It’s fact intensive and evaluated on a case by case basis.
This post was edited on 5/31/24 at 7:43 am
Posted by Flats
Member since Jul 2019
28134 posts
Posted on 5/31/24 at 7:42 am to
quote:

10 feet is not enough distance for you to turn your back on someone if your attention is elsewhere and that person has nefarious intentions.


If your attention is elsewhere neither is 20, but that creates a space that someone has to commit to crossing. 30 people in arm's reach encourages stupid behavior because it's semi-anonymous and people feed off each other.

I've done what are essentially LE functions while in the military, and you bet your arse the locals aren't allowed to crowd up around you. You've already lost if that happens.
This post was edited on 5/31/24 at 7:44 am
Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4443 posts
Posted on 5/31/24 at 7:46 am to
quote:

No, there isn’t. Officers have pretty wide discretion in that regard.


Not true. Its Physical interference with their duties. Just because its ignored doesnt mean there hasnt been a ruling on distance in the past. One District court stated 10 feet. Cant remeber which one or the case name. Im not an attorney nor a police officer (who should know and be trained regularly on such things).
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 7:47 am to
quote:

Not true

So it’s not true that officers have discretion in determining a safe distance for non interference or evaluating a potential threat posed by a bystander?

Because they do. There is absolutely not a set distance in constitutional law or jurisprudence for what constitutes physical interference. It’s a fact-based determination.

One district court holding that ten feet was appropriate in one case does not change the analysis one bit.
This post was edited on 5/31/24 at 7:54 am
Posted by dgnx6
Member since Feb 2006
89786 posts
Posted on 5/31/24 at 7:51 am to
quote:

If someone is on public property, why would it matter? Why should police get special “protections”?



They also render aid you fricking morons.


You are there bleeding out and some dumb frick with a phone is standing over you filming while they try to save your life.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476684 posts
Posted on 5/31/24 at 7:55 am to
quote:

So it’s not true that officers have discretion in determining a safe distance for non interference or evaluating a potential threat posed by a bystander?

They do, but only to a point, and that point is the physical interference of their duties.

Courts have ruled very strongly this is a First Amendment issue. Strict scrutiny comes into play with these laws. 25 feet is legit insanity in this respect.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476684 posts
Posted on 5/31/24 at 7:56 am to
quote:

You are there bleeding out and some dumb frick with a phone is standing over you filming while they try to save your life.


Nobody is advocating for being so close you physically interfere with that function/behavior.

How much space does a cop need to render aid? Certainly less than 25 feet. If the filmer is outside of an arm's length, they likely lack any ability to interfere.
Posted by geauxturbo
Baton Rouge
Member since Aug 2007
4443 posts
Posted on 5/31/24 at 7:56 am to
quote:

Because they do. There is absolutely not a set distance in constitutional law or jurisprudence. It’s a fact-based determination


We are talking about FILMING the police. You are not a threat to an officer FILMING them. Courts have ruled you have to interfere physically for them to lawfully ask you to stop.

Since when do police give a rats arse about facts or constitutional law or jurisprudence anyway?

Hell maybe this law is a good thing, officers have no excuse when they ignore this law. LOL, ya right. Theyll ignore this one too.
Posted by Flats
Member since Jul 2019
28134 posts
Posted on 5/31/24 at 7:57 am to
quote:

and that point is the physical interference of their duties.


Great, how is that defined? Can I act like a bratty sibling in the back seat and get as close as possible without physically touching him? Is physical contact required for "physical interference"?
Posted by Indefatigable
Member since Jan 2019
37314 posts
Posted on 5/31/24 at 7:58 am to
that point is the physical interference of their duties.
Right. And my point in these last few posts is that there is no standard definition of what that means or what distance constitutes physical interference.


Which is why I also agree that putting a hard number on it is stupid to begin with. No two instances are the same.
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