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Originally posted by Jean Paul Zodeaux
Originally posted by Xcathdra
reply to post by Jean Paul Zodeaux
Wow.. Really not even sure how to speak with you. You appear so paranoid about Law Enforcement its not even funny. Think what you want, and see where it takes you.
I know what the Law says, and how its enforced in my state. Your interpretations are so far off its sad, so I am not going to try to explain anything else. You hve your mind made up already.
Good luck to you.
Paranoid? You were flat out caught in your lie. You ignored all I said in support of the Terry ruling and then claimed that I was arguing that an LEO couldn't pull over a bicycle rider with a rifle slung over his shoulder, wearing a ski mask and riding back and forth in front of a bank. This was a lie perpetuated by you, and you are on record here in this thread as lying. That is not paranoia, that is a fact.
Your interpretations of the law is what is a great concern here, because it is your interpretations that justify acting under color of law and obstruction of justice, and demonstrate the very thin blue line between thugs and police officers. Not all police officers are thugs, your insistence you have the right to be a thug represents you, not all police officers, just you.
Good luck to you, you will need it.
Originally posted by sremmos
reply to post by DARKCYDE_CROWLEY
you have no idea man my town NEVER had these problems before it incorporated into a city.
before this # i could ride my bike at 1 in the morning all over the area and no one would care now it's a criminal activity because the new police are choosing to treat it that way
Originally posted by DARKCYDE_CROWLEY
The whole thing is BS!
I ride on the sidewalk all the time so I'm not obstructing traffic.
If a car gets behind me on the street they could cause an accident trying to go around me.
Yes, you are paranoid, and it shows in your responses in this thread. I did not lie to anyone. I did not ignore Terry vs. Ohio.
You ignored all I said in support of the Terry ruling and then claimed that I was arguing that an LEO couldn't pull over a bicycle rider with a rifle slung over his shoulder, wearing a ski mask and riding back and forth in front of a bank.
Based on your arguments above, if I observe someone riding their bicycle with a rifle slung over there shoulders, wearing a ski mask, riding back and forth in front of a bank, I cannot stop and see what they are doing?
It was fairly well established in the Terry ruling that there was "reasonable suspicion" and that reasonable suspicion turned out more than reasonable and produced evidence to a crime. Thus, the exclusionary rule in that case did not apply, but the Court makes perfectly clear that just because they held this that doesn't mean that there are not other remedies the people can seek when dealing with police abuse of power.
There is a Grand Canyon of difference between the suspicious behavior of the three men described in the Terry Case, and that of the story the O.P. told. Common sense will dictate that detective McFadden was relying on reasonable suspicion indeed, and this has nothing to do with pulling someone over riding their bicycle simply because it is late at night. There is just no comparison, and common sense dictates this.
Under the circumstances of the Terry case, the SCOTUS is correct, and common sense certainly backs that ruling up. It has nothing at all to do with the O.P. and his case.
Based on your arguments above, if I observe someone riding their bicycle with a rifle slung over there shoulders, wearing a ski mask, riding back and forth in front of a bank, I cannot stop and see what they are doing?
I cleary showed that an officer can stop someone based on percieve / observed suspicious behavior.
Is someone riding a bicycle down the street at 10 pm suspicious? In a large city I would say no. In a small rural town I would say yes. In the city I work its unusual. Would I stop the person and see what they are doing? It depends on the area of the city they are in, and it depends if they are riding around, or past the same area more than once.
Your argument showed that the person should not have been stopped because he was doing nothing wrong. In the scenario I desscribed, the bicycle, guy wearing skiu mask with rifle - Absolutely nothing I described is technically illegal to do.
The USSC has determined the length of investigatory stops, and allows us leaway in doing them. So while you continue to argue for your 4th amendment violations, I once again point out that the 4th amendement does not apply to the individual. It applies to the Government. It forces Law Enforcement to have reasons for their actions.
1. The Fourth Amendment right against unreasonable searches and seizures, made applicable to the States by the Fourteenth Amendment, "protects people, not places," and therefore applies as much to the citizen on the streets as well as at home or elsewhere. Pp. 8-9.
You also need to understand acting in good faith. This term also covers law enforcement for doing their jobs. When a citizen tells me a crime has been comitted, I am acting in good faith that the citizen is telling the truth. If you are lieing, and it ends up causing an innocent person to be charged with a crime because of that lie, I am covered because I was acting on good faith. This same standard applies to Law Enforcement working with other LEO agencies.
Again, I ask you to state what exactly your problem is and back it up. I ahve no problem countering what you think your interpretations are. What I take exception to is you calling me a liar, then ranting on about stuff that has been established.
Based on your arguments above, if I observe someone riding their bicycle with a rifle slung over there shoulders, wearing a ski mask, riding back and forth in front of a bank, I cannot stop and see what they are doing?
4) An officer who reasonably believes that criminal activity may be afoot in a public place is authorized to stop any person who is suspected of participating in that criminal activity and conduct a carefully limited search of the suspect's outer clothing for weapons that may be used against the officer (see Terry v. Ohio, 392 U.S. 1 [1968]). The officer may also ask for identification, but the suspect is under no obligation to produce it. However, A suspect's refusal to identify himself together with surrounding events may create probable cause to arrest (see People v. Loudermilk, 241 Cal. Rptr. 208 (Cal. App. 1987). This kind of warrantless search, called a Terry stop or a Terry frisk, is designed to protect officers from hidden weapons. Accordingly, items that do not feel like weapons, such as a baggie of soft, granular substance tucked inside a jacket pocket, cannot be seized during a Terry frisk, even if it turns out that the item is contraband.
You are cross combining statements from other peoples posts and responding as if I said them.
I am going to refrain from responding to your posts from here on out as the outcome no longer matters. You accuse me of lieing among other falacies, without backing up your statements, or using information from other peoples posts and then credit me as saying it, which frankly reduces your credibility.
Based on your arguments above, if I observe someone riding their bicycle with a rifle slung over there shoulders, wearing a ski mask, riding back and forth in front of a bank, I cannot stop and see what they are doing?
Originally posted by Xcathdra
reply to post by Wolfenz
Interesting information. However, I do not have any jurisdiction on tribal territory as they are considered autonomous and operate soley with the Federal Government (in essence The United States has hundreds of small sovierng nations within it). Does it make up for what happened to the Natives - No sadly. We cannot undoe what has been done.
What we can do is try to learn from past mistakes, from History, and try not to repeat them.
This fiery speech by native leader George Erasmus is an indicator of what has yet to happen. The emotion and raw aggression in his voice is firm and clear. The ability to use your voice to relay our inherent and indigenous rights is important and our leaders of today and tomorrow must speak the same path of understanding of current and future issues.