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Originally posted by Trublbrwing
Originally posted by captaintyinknots
While I get your point, it complacency like this that is leading to the elimination of our rights.
I would have politely declined his requests until he had a better reason to search me. A cop does not have the right to put his hands on you, just because you 'fit a description'.
Here's the way that would have turned out..............
1.Officer stops you and asks questions, you in turn ask him why or refuse to answer.
2.Officer asks for identification, as OP stated you have none, now you are not being cooperative and are possibly concealing your identity.
3. Officer radios for back up, you become annoyed and want to leave, officer has no intention of letting you control this situation.
Now, at the very least, you will be charged with disorderly conduct. If you protest or resist in any way charges will be added.
Don't believe me? Look up the number of times a civilian has won a case against a police officer in the last ten years.
Originally posted by Xcathdra
reply to post by captaintyinknots
Good luck with that farce of a lawsuit.
Originally posted by Jubes
Attitude like this is what gets people shot! Seriously if the OP matched the description of an armed robber the police certainly DO have the right to stop you and search you it.is.their.JOB. While you have the right to politely decline I have to right to live in a safe place and if that means the police stop people that match the description of a criminal to rule them out then so be it, if you have nothing to hide why create a problem?
Originally posted by captaintyinknots
While I get your point, it complacency like this that is leading to the elimination of our rights.
I would have politely declined his requests until he had a better reason to search me. A cop does not have the right to put his hands on you, just because you 'fit a description'.
Originally posted by captaintyinknots
reply to post by mademyself1984
Actually, just fitting the description gives them reasonable suspicion to ask you these questions. It still does not give them the right to forcibly search you, which is why this cop ASKED the person to oblige.
Wait, who is clueless?
Originally posted by mademyself1984
Originally posted by captaintyinknots
reply to post by mademyself1984
Actually, just fitting the description gives them reasonable suspicion to ask you these questions. It still does not give them the right to forcibly search you, which is why this cop ASKED the person to oblige.
Wait, who is clueless?
Yeah, that's pretty much what I said, clueless guy. Reasonable suspicion is fitting the description. Refusing the search, is probable cause. Seriously, buy a text book or utilize the resources that are free to you (Google, try Terry Stop). For real, you have no idea what you are talking about.
Originally posted by captaintyinknots
Originally posted by Xcathdra
reply to post by captaintyinknots
Good luck with that farce of a lawsuit.
It's not as though the goal is to have to sue. But if that's what it takes to defend my rights, i will gladly go there. Whats sad is that the idea of what a cop is supposed to be has become so skewed that we defend their invasion of our basic rights....
Originally posted by Xcathdra
Originally posted by captaintyinknots
Originally posted by Xcathdra
reply to post by captaintyinknots
Good luck with that farce of a lawsuit.
It's not as though the goal is to have to sue. But if that's what it takes to defend my rights, i will gladly go there. Whats sad is that the idea of what a cop is supposed to be has become so skewed that we defend their invasion of our basic rights....
Actually whats sad is how people stereotype every single officer into a category of evil overlord hell bent on denying you your rights. We have a job to do, and the last thing we want to do is annoy, bother or piss of a citizen. If we are making contact iwth a person in the manner described (meeting the description of a person who just committed an armed robbery) we are obligated, as part of the investigation, to check on you.
Failure to do so could very well end in someone being killed, or another person being robbed at gun point. Its an easy enough encounter... We will be cautious and verify your not part of whats going on and send you on your way.
While you may feel this is unjustified, I disagree.
While you may feel its a violation of your rights, the Surpeme Court disagrees, as they have ruled an investigative detention is permissable and is not an infringement on a persons rights (4th, 5th, or 6th amendment).
You have a right to remain silent when being interrogated / being asked guilt seeking questions. During an investigative detention its also against the law to refuse to identify yourself to law enforcement (the purpose of an investigation is to rule people out as suspcts as much as it is to find a suspct).
While you may feel th need to thumb your nose at officers who are doing their job, it does not help anyone, including yourself.
Our goal is to find the person who broke the law, not harass citizens. Feel free to behave how you want, but it wont serve any good purpose.
As far as your lawsuit threat goes, you may want to check into how that works, since law enforcement, while during the course of our duties and provided we are withint state and federal law in addition to departmental policy, have civil immunity form lawsuits (specifically because of what you threatended to do).
If your "rights" are violated, its not a civil law suit, but a 42 USc 1983 lawsuit.
Please learn the difference between civil and criminal and how to have standing in either.
Originally posted by captaintyinknots
Originally posted by mademyself1984
Originally posted by captaintyinknots
reply to post by mademyself1984
Actually, just fitting the description gives them reasonable suspicion to ask you these questions. It still does not give them the right to forcibly search you, which is why this cop ASKED the person to oblige.
Wait, who is clueless?
Yeah, that's pretty much what I said, clueless guy. Reasonable suspicion is fitting the description. Refusing the search, is probable cause. Seriously, buy a text book or utilize the resources that are free to you (Google, try Terry Stop). For real, you have no idea what you are talking about.
Not really. But it's cool.
I am familiar with the terry stop case. It changes nothing on my position. Your fear controls you when it comes to cops-they dont have a right to search you until they have established probable cause-reasonable suspicion only covers the right to stop you, not to illegal search and seizure.
I understand why people are so scared of police and why its easier to forfeit your right than it is to defend them. That doesnt change the fact that our forefathers charged us with defending a free nation.
I gladly cooperate with police, until it becomes an issue of violating my rights. Then it is a different story. Its sad that so many give them up so freely.
'Course, it's also sad when the IQ of a person is so diminished that they're first reaction is to insult someone that they disagree with, but that's a different story.edit on 28-5-2011 by captaintyinknots because: (no reason given)
Originally posted by mademyself1984
Seriously? You keep proving my point. It has nothing to do with my "fear" of the police. It has everything to do with my Bachelors in Criminal Justice. You clearly are not "familiar" with the Terry Stop case. Nor are you familiar with what "rights" of yours are being violated. No rights are violated if an officer believes it is necessary to question you, the simplest conclusion to your being questioned would be to acknowledge for whatever reason the officer is doing his job. Now, you can claim your rights are being violated, however, they aren't. It's pretty simple, if you aren't doing anything wrong, 99.9 percent of officers will acknowledge that, thank you for your time and patience, and be on their way. The second you act like an arrogant prick, you are susceptible to a "warrantless search" and potentially more inconvenience than that depending on your behavior from that point forward. I've been stopped numerous times for would have been minor traffic violations at strange hours of the night. Did I need to be pulled over? Most likely not. The time of night/morning gave the officer reasonable suspicion (which they could technically have of anyone on the road once bars have closed), the moment I did something "not within traffic codes/laws" I gave said officers probable cause to stop me, issued whatever tests, perform whatever searches, and take whatever action, whether it was a warning, a ticket, or making an arrest, they felt necessary. Because I was in fact doing nothing wrong other than a minor slip up, and I was cordial, patient, and cooperative with the officer who was in fact doing his job, and nowhere near violating any of my "rights", I was treated politely in return, and free to go. I've had an instance where I probably could have been arrested, because I was borderline over the limit to be driving, and my attitude and behavior with the officer earned me the chance to make a phone call and have someone meet me at my car to drive me and my vehicle home. It's called discretion. There's another term to look up whenever you get around to it. Honestly I don't know how any of this is that complicated. If an officer stops you for literally no reason, treats you disrespectfully, makes an unlawful arrest, or beats you or tases you or draws his weapon, perhaps even shoots, for no reason. Fine, that officer clearly violated your rights as a human being. However, it doesn't happen as much as you sensationalist "I hate pigs" crowd would like to believe.
Originally posted by captaintyinknots
While I get your point, it complacency like this that is leading to the elimination of our rights.
I would have politely declined his requests until he had a better reason to search me. A cop does not have the right to put his hands on you, just because you 'fit a description'.
Originally posted by SyphonX
Originally posted by mademyself1984
Seriously? You keep proving my point. It has nothing to do with my "fear" of the police. It has everything to do with my Bachelors in Criminal Justice. You clearly are not "familiar" with the Terry Stop case. Nor are you familiar with what "rights" of yours are being violated. No rights are violated if an officer believes it is necessary to question you, the simplest conclusion to your being questioned would be to acknowledge for whatever reason the officer is doing his job. Now, you can claim your rights are being violated, however, they aren't. It's pretty simple, if you aren't doing anything wrong, 99.9 percent of officers will acknowledge that, thank you for your time and patience, and be on their way. The second you act like an arrogant prick, you are susceptible to a "warrantless search" and potentially more inconvenience than that depending on your behavior from that point forward. I've been stopped numerous times for would have been minor traffic violations at strange hours of the night. Did I need to be pulled over? Most likely not. The time of night/morning gave the officer reasonable suspicion (which they could technically have of anyone on the road once bars have closed), the moment I did something "not within traffic codes/laws" I gave said officers probable cause to stop me, issued whatever tests, perform whatever searches, and take whatever action, whether it was a warning, a ticket, or making an arrest, they felt necessary. Because I was in fact doing nothing wrong other than a minor slip up, and I was cordial, patient, and cooperative with the officer who was in fact doing his job, and nowhere near violating any of my "rights", I was treated politely in return, and free to go. I've had an instance where I probably could have been arrested, because I was borderline over the limit to be driving, and my attitude and behavior with the officer earned me the chance to make a phone call and have someone meet me at my car to drive me and my vehicle home. It's called discretion. There's another term to look up whenever you get around to it. Honestly I don't know how any of this is that complicated. If an officer stops you for literally no reason, treats you disrespectfully, makes an unlawful arrest, or beats you or tases you or draws his weapon, perhaps even shoots, for no reason. Fine, that officer clearly violated your rights as a human being. However, it doesn't happen as much as you sensationalist "I hate pigs" crowd would like to believe.
Confirming that it's never about serving proper justice or the security of the people. It's all about civil obedience. Nothing more. I'm sick of being lectured by you types. You go on, and on, and on and on and on trying to explain what my rights are, and what they're not. All the while, fitting in an "arrogant prick" here, a baseless accusation there, and the oh so ever present claim that I belong to the "I hate pigs" crowd.
Yea, because, if I'm outspoken for my rights, or get riled up about rights violations, then I certainly must hate pigs.
This utterly disgusts me.
"The second you dare defy my authority and disobey me.."
There are just no words..edit on 28-5-2011 by SyphonX because: (no reason given)
Originally posted by mademyself1984
Seriously? You keep proving my point. It has nothing to do with my "fear" of the police. It has everything to do with my Bachelors in Criminal Justice. You clearly are not "familiar" with the Terry Stop case. Nor are you familiar with what "rights" of yours are being violated. No rights are violated if an officer believes it is necessary to question you, the simplest conclusion to your being questioned would be to acknowledge for whatever reason the officer is doing his job. Now, you can claim your rights are being violated, however, they aren't. It's pretty simple, if you aren't doing anything wrong, 99.9 percent of officers will acknowledge that, thank you for your time and patience, and be on their way. The second you act like an arrogant prick, you are susceptible to a "warrantless search" and potentially more inconvenience than that depending on your behavior from that point forward. I've been stopped numerous times for would have been minor traffic violations at strange hours of the night. Did I need to be pulled over? Most likely not. The time of night/morning gave the officer reasonable suspicion (which they could technically have of anyone on the road once bars have closed), the moment I did something "not within traffic codes/laws" I gave said officers probable cause to stop me, issued whatever tests, perform whatever searches, and take whatever action, whether it was a warning, a ticket, or making an arrest, they felt necessary. Because I was in fact doing nothing wrong other than a minor slip up, and I was cordial, patient, and cooperative with the officer who was in fact doing his job, and nowhere near violating any of my "rights", I was treated politely in return, and free to go. I've had an instance where I probably could have been arrested, because I was borderline over the limit to be driving, and my attitude and behavior with the officer earned me the chance to make a phone call and have someone meet me at my car to drive me and my vehicle home. It's called discretion. There's another term to look up whenever you get around to it. Honestly I don't know how any of this is that complicated. If an officer stops you for literally no reason, treats you disrespectfully, makes an unlawful arrest, or beats you or tases you or draws his weapon, perhaps even shoots, for no reason. Fine, that officer clearly violated your rights as a human being. However, it doesn't happen as much as you sensationalist "I hate pigs" crowd would like to believe.
Originally posted by bhornbuckle75
Originally posted by captaintyinknots
While I get your point, it complacency like this that is leading to the elimination of our rights.
I would have politely declined his requests until he had a better reason to search me. A cop does not have the right to put his hands on you, just because you 'fit a description'.
Seriously?....So a cop gets a call for a White Male With a HUGE AFRO, wearing a shirt with Unicorns and women's high heel shoes who just killed an entire family and stole a 30'000 dollar Rolex, and may be armed......The cop doesn't have the right to search a guy who fits that description exactly?
The fact is...yes a cop DOES have that right. If this hypothetical (yet admittedly ridiculously dressed individual) had just killed YOUR family, are you telling me that you wouldn't sue the police if the cop decided not to search the guy?!?!?edit on 28-5-2011 by bhornbuckle75 because: It's a mystery