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Started By
Message
re: New Louisiana law will criminalize approaching police under certain circumstances
Posted on 5/31/24 at 8:38 am to SlowFlowPro
Posted on 5/31/24 at 8:38 am to SlowFlowPro
quote:
It doesn't.
Then why did you say above that it expanded a restriction that already exists?
Posted on 5/31/24 at 8:39 am to SlowFlowPro
quote:
but the fact that I can film LEO within 25 feet today shows that there are more restrictions on me once this law is implemented
But you can’t, if the officer has already asked you to move away to a point further than that, assuming his order was lawful under the circumstances.
Which, as I read the law, is what it’s doing. Defining a fixed distance you have to back up to once ordered to do so.
This post was edited on 5/31/24 at 8:40 am
Posted on 5/31/24 at 8:40 am to Indefatigable
quote:
After they, acting upon a reasonable/constitutionally appropirate basis for the purpose of this question, tell you to back up to a point (say a curb or sidewalk) that happens to be 25+ feet away?
Yeah. They can't legally do that now, in absolute terms.
I say in absolute terms b/c you can't like throw shite at them or wave an instrument of violence towards them or anything (to avoid attempts at gotchas).
If you're just standing there, filming without any aggression, they cannot.
Posted on 5/31/24 at 8:41 am to Flats
quote:
Then why did you say above that it expanded a restriction that already exists?
Because that's exactly what it does.
I can film LEO within 25' today while complying with the existing law.
Once this law passes, I will not be able to do so.
That is an expansion of government, restricting my 1A rights.
Posted on 5/31/24 at 8:41 am to SlowFlowPro
quote:
but the fact that I can film LEO within 25 feet today shows that there are more restrictions on me once this law is implemented
"We already have a three day waiting period for firearms purchases. Why are you complaining because we want to make it three months?"
Posted on 5/31/24 at 8:42 am to SlowFlowPro
quote:
If you're just standing there, filming without any aggression, they cannot.
They can absolutely tell you to go back to a fixed point, say a separate portion of a parking lot or something, etc. That object or imaginary line may be more than 25 feet away, and it may not. 25 feet is not that far of a distance.
Like I said earlier, there’s a difference between a known violent felon in a bar parking lot “filming” and a nine year old girl standing there with a phone.
Posted on 5/31/24 at 8:43 am to SlowFlowPro
quote:
25' today while complying with the existing law.
If the officer believes that you backed up enough, sure.
Posted on 5/31/24 at 8:43 am to SlowFlowPro
quote:
That is an expansion of government, restricting my 1A rights.
They're not restricted at 24 feet but they are at 25?
I'll ask again: what should the distance be?
Posted on 5/31/24 at 8:43 am to KiwiHead
quote:
Jeff Landry KNOWS where the system is broken.....and he knows how to fix it.
La is so embarrassing.
Posted on 5/31/24 at 8:46 am to Indefatigable
quote:
If the officer believes that you backed up enough, sure.
I don't know that 25 feet is the perfect answer, but I can see a big upside to taking discretion away from LE. If the law is 15 feet and you get back 15 feet he can't jack you up just because you pissed him off.
Posted on 5/31/24 at 8:48 am to Indefatigable
5th Circuit Case originally from LA
They only have the ability to legally stop you from hindering their official duties. And that's the most conservative appeals court stating that.
quote:
The situation here is fundamentally different. While D.J. was clearly close to the arrest scene— the perimeter of which was being secured by Moring—D.J. was not a hazard, was not too close, and did not impede the Deputies’ ability to perform their duties. Indeed, the Deputies successfully handcuffed Perkins despite D.J.’s presence and active recording.
quote:
As we explained in Turner, “[f]ilming the police contributes to the public’s ability to hold the police accountable, ensure that police officers are not abusing their power, and make informed decisions about police policy.” 848 F.3d at 689. Such was the case here. D.J., therefore, did not cross the “line between filming the police . . . and hindering the police,” Buehler, 27 F.4th at 976, and was engaged in a clearly established, constitutionally protected activity on his family’s private property.
They only have the ability to legally stop you from hindering their official duties. And that's the most conservative appeals court stating that.
Posted on 5/31/24 at 8:49 am to Flats
quote:
I'll ask again: what should the distance be?
I already said. The distance permitting physical interference.
Posted on 5/31/24 at 8:50 am to Flats
quote:
I don't know that 25 feet is the perfect answer, but I can see a big upside to taking discretion away from LE. If the law is 15 feet and you get back 15 feet he can't jack you up just because you pissed him off.
The problem to reducing it to a set distance is there is no tape measures available to determine the actual distance involved.
Posted on 5/31/24 at 8:51 am to SlowFlowPro
quote:
They only have the ability to legally stop you from hindering their official duties.
I know this. And I’m not disputing it. I was saying that under certain conditions that point may be more than 25’ away from what the officer is doing.
I don’t like putting a number on it either. There should be discretion on how far is appropriate, because the analysis of what’s legal in that regard is almost entirely dependent on the specific facts at play.
This post was edited on 5/31/24 at 8:53 am
Posted on 5/31/24 at 8:53 am to SlowFlowPro
quote:
I already said. The distance permitting physical interference.
Have you decided if this is an expansion of an existing restriction or a new restriction yet? You've claimed both.
Posted on 5/31/24 at 8:55 am to SlowFlowPro
quote:
The problem to reducing it to a set distance is there is no tape measures available to determine the actual distance involved.
Great. Now assess the problems created by making every single instance discretionary.
Posted on 5/31/24 at 8:56 am to Flats
quote:
Now assess the problems created by making every single instance discretionary.
Unfortunately law enforcement related issues have to live in that universe because every situation is different. Rigid standards on that type of thing don’t work in real life.
Posted on 5/31/24 at 9:00 am to Indefatigable
quote:
Unfortunately law enforcement related issues have to live in that universe because every situation is different.
Of course they do, but adding objective clarity when it's possible can be a good thing.
If a cop told me to back up to the sidewalk, that's better for me than "back up some unspecified distance or I'll arrest you". I'd rather have a clear delineation between what will and won't get me arrested vs relying on how bad a day the cop is having.
Posted on 5/31/24 at 9:01 am to Flats
quote:
I'd rather have a clear delineation between what will and won't get me arrested vs relying on how bad a day the cop is having.
My personal preference is to stay the hell away entirely
Posted on 5/31/24 at 9:03 am to 4cubbies
quote:
If someone is on public property, why would it matter? Why should police get special “protections”?
Because they are performing special functions that ordinary citizens can't practically perform, those functions often require force, and passions are often inflamed when those functions are being carried out.
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