Posts: 7259
Threads: 506
Joined: December 12, 2015
Reputation:
22
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 3:47 pm
(This post was last modified: June 22, 2017 at 3:48 pm by Jehanne.)
(June 22, 2017 at 3:31 pm)Khemikal Wrote: (June 22, 2017 at 3:28 pm)Jehanne Wrote: I am not his attorney, of course; I just hope that he gets one. Usually, in civil trials, only 75% of the jury has to agree with the plaintiff(s). Simply being an asshole is not a criminal offense. OFC it isn;t...but since that;s not what we're discussing I don;t know why you keep making comments to that effect? Public...nuisance. Say it with me.
Quote: A police officer is supposed to enforce the law, not impose one of his/her own making.
Looks like he did a good job in this instance, to me..which is uncharacteristic of police of late, lol. No one's rights were abused, no one went to jail, no charges, and no one was shot. It's unlikely that the officer in question devised the city statutes himself..you realize?
Some asshole just had to back the fuck up off the club.....then ran to the youtubes to say "help, help, I'm being oppressed!"
Just because a city ordinance gets passed does not mean that it is constitutional. Getting arrested or even detained falls under the protections afforded by the US Constitution, and so, the federal courts will have the ultimate say, and that's probably where this case will end-up, if the guy decides to pursue it.
P.S. Some state constitutions have a "bill of rights," also, and so, it will be up to the attorney(s) whether to file in state or federal court.
Posts: 67292
Threads: 140
Joined: June 28, 2011
Reputation:
162
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 4:03 pm
(This post was last modified: June 22, 2017 at 4:05 pm by The Grand Nudger.)
There's nothing in the constitution about a right to accost strangers at a street corner in front of a club. Anytime somebody has an issue they seem to believe that it's their constitutional this that or the other to do whatever it was that there's just nothing in the constitution about. It's not a damned magic eight ball. 
What case, Jehenne..the only thing this guy is pursuing are likes and subs?
I wouldn't hold my breath waiting for all the cities public nuisance ordinances to be repealed by constitutional challenge..if I were you.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Posts: 23199
Threads: 26
Joined: February 2, 2010
Reputation:
106
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 4:05 pm
(This post was last modified: June 22, 2017 at 4:19 pm by Thumpalumpacus.)
(June 22, 2017 at 1:03 pm)pool the matey Wrote: Never knew your cops put you in cuffs for asking "Are you a mom". This is just funny the more you know right? haha
So -- got a link to a news article about this?
(June 22, 2017 at 3:00 pm)Jehanne Wrote: (June 22, 2017 at 2:37 pm)Khemikal Wrote: Are you his lawyer? I hope not. The city admin would bury him, and we both know this, lol.
No, I am not his lawyer, but I think that he should at least consult one. The cop probably found the woman to be sexually attractive, and to curry favor, he handcuffed her "assailant". Cops do this sort of thing, because they know that they can (usually) get away with it. One time I was driving, and after turning a corner, saw a sheriff's deputy, in his 50s, mildly obese, who had handcuffed some early 20s petite chick who had been walking down the road with her friend and was behind her staring up and down her ass. I wanted to yell out the window, "Why don't you just f-her", but I simply could not connect the dots until later on.
lol, way to go from one unrelated anecdote to making presumptions about the cops in this video. Do you even logic, brah?
(June 22, 2017 at 3:31 pm)Khemikal Wrote: Some asshole just had to back the fuck up off the club.....then ran to the youtubes to say "help, help, I'm being oppressed!"
Mazactly.
Posts: 7259
Threads: 506
Joined: December 12, 2015
Reputation:
22
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 4:24 pm
(June 22, 2017 at 4:05 pm)Thumpalumpacus Wrote: (June 22, 2017 at 1:03 pm)pool the matey Wrote: Never knew your cops put you in cuffs for asking "Are you a mom". This is just funny the more you know right? haha
So -- got a link to a news article about this?
(June 22, 2017 at 3:00 pm)Jehanne Wrote: No, I am not his lawyer, but I think that he should at least consult one. The cop probably found the woman to be sexually attractive, and to curry favor, he handcuffed her "assailant". Cops do this sort of thing, because they know that they can (usually) get away with it. One time I was driving, and after turning a corner, saw a sheriff's deputy, in his 50s, mildly obese, who had handcuffed some early 20s petite chick who had been walking down the road with her friend and was behind her staring up and down her ass. I wanted to yell out the window, "Why don't you just f-her", but I simply could not connect the dots until later on.
lol, way to go from one unrelated anecdote to making presumptions about the cops in this video. Do you even logic, brah?
(June 22, 2017 at 3:31 pm)Khemikal Wrote: Some asshole just had to back the fuck up off the club.....then ran to the youtubes to say "help, help, I'm being oppressed!"
Mazactly.
If he was truly guilty of a crime, then why wasn't he arrested? If he was not guilty of a crime, why was he handcuffed? Can't have it both ways.
Posts: 67292
Threads: 140
Joined: June 28, 2011
Reputation:
162
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 4:41 pm
(This post was last modified: June 22, 2017 at 4:42 pm by The Grand Nudger.)
You can, indeed, without having any of your non-rights violated...be restrained without being arrested, charged with, or convicted of a crime. Happens to protestors all the time, and even people who are actually breaking the law!
.................that's what the cops carry those nifty zip strips for.
Shot in the dark...he wasn't arrested..because he backed the fuck up off the club. He got his warning, and heeded it.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Posts: 7259
Threads: 506
Joined: December 12, 2015
Reputation:
22
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 5:27 pm
(June 22, 2017 at 4:41 pm)Khemikal Wrote: You can, indeed, without having any of your non-rights violated...be restrained without being arrested, charged with, or convicted of a crime. Happens to protestors all the time, and even people who are actually breaking the law!
.................that's what the cops carry those nifty zip strips for.
Shot in the dark...he wasn't arrested..because he backed the fuck up off the club. He got his warning, and heeded it.
I could not disagree more; is there an attorney among us?
Posts: 28389
Threads: 226
Joined: March 24, 2014
Reputation:
185
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 5:31 pm
(This post was last modified: June 22, 2017 at 5:32 pm by Losty.)
I'm not an attorney but I know that you can be briefly detained under reasonable suspicion. Probable cause is not necessary (unless they search you I think)
Watching the video I would say there's easily reasonable suspicion of public nuisance.
(August 21, 2017 at 11:31 pm)KevinM1 Wrote: "I'm not a troll"
Religious Views: He gay
0/10
Hammy Wrote:and we also have a sheep on our bed underneath as well
Posts: 23199
Threads: 26
Joined: February 2, 2010
Reputation:
106
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 6:20 pm
(This post was last modified: June 22, 2017 at 6:29 pm by Thumpalumpacus.)
(June 22, 2017 at 4:24 pm)Jehanne Wrote: If he was truly guilty of a crime, then why wasn't he arrested? If he was not guilty of a crime, why was he handcuffed? Can't have it both ways.
Nonsense. A suspect can be handcuffed without being arrested. It's happened to me and countless others. It's called "detainment."
And it isn't the job of the policeman to adjudicate any guilt. Putting cuffs on a suspect says nothing more than the policeman wants to be secure against violent reaction or suspect flight. I didn't like it when it happened to me, but I understood it -- and it's perfectly legal in American jurisprudence.
(June 22, 2017 at 5:31 pm)Losty Wrote: I'm not an attorney but I know that you can be briefly detained under reasonable suspicion. Probable cause is not necessary (unless they search you I think)
Watching the video I would say there's easily reasonable suspicion of public nuisance.
Limited searches are permissible in Terry Stops.
Posts: 67292
Threads: 140
Joined: June 28, 2011
Reputation:
162
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 6:52 pm
(This post was last modified: June 22, 2017 at 7:48 pm by The Grand Nudger.)
Probable cause isn't -effectively- required for a full search, due to the availability of parallel construction.
"I pulled him over for a tail-light..and my spidey sense told me he had a kilo of coke deftly inserted into his wheel well, so we chopped his car to shit. Never did find that coke, the clever bastard - but we did find $100 in his wallet, which we confiscated and is now being held under suspicion of being drug money. Somehow, during our search, he must have repaired the tail-light."
ps- I think I'd have made a great Fucking Cop. I bet I could single-handedly keep min busy for the rest of his life.
I am the Infantry. I am my country’s strength in war, her deterrent in peace. I am the heart of the fight… wherever, whenever. I carry America’s faith and honor against her enemies. I am the Queen of Battle. I am what my country expects me to be, the best trained Soldier in the world. In the race for victory, I am swift, determined, and courageous, armed with a fierce will to win. Never will I fail my country’s trust. Always I fight on…through the foe, to the objective, to triumph overall. If necessary, I will fight to my death. By my steadfast courage, I have won more than 200 years of freedom. I yield not to weakness, to hunger, to cowardice, to fatigue, to superior odds, For I am mentally tough, physically strong, and morally straight. I forsake not, my country, my mission, my comrades, my sacred duty. I am relentless. I am always there, now and forever. I AM THE INFANTRY! FOLLOW ME!
Posts: 7259
Threads: 506
Joined: December 12, 2015
Reputation:
22
RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 9:57 pm
Here's an authoritative website:
Quote:False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority.
Quote:By contrast, suppose a police officer arrests someone because that person insulted the officer or did something the officer didn’t like. Insulting an officer is not a crime, and unless that officer has another reason to make an arrest, he is acting illegally. It’s possible, though unlikely, that a prosecutor could charge the officer with false arrest.
http://www.criminaldefenselawyer.com/false-arrest.cfm
And, so, basically, the cop would have to slip-up and tell someone that he arrested that guy to impress the woman or because he just did not like him. But, getting handcuffed, is getting arrested, if only temporarily. Getting charged with a crime means getting arrested, taken to jail, booked, fingerprinted, etc.
|
