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Originally posted by MikeNice81
reply to post by Undertough
X posted the law already. In the law it clearly says you can not obstruct. If you are causing a distraction that stops the officer from doing his job in a reasonably safe manner you are obstructing.
Obstructing is usually defined as willfully hindering, delaying, or obstructing any law enforcement officer in the discharge of his or her official powers or duties.
If the officer has to turn and focus on you because you are a distraction you are hindering and delaying the officer as he discharges his duties. If your actions prevent an officer from doing their job in a reasonably safe manner you are obstructing.
That is the way it goes.
Originally posted by Lemon.Fresh
The crime scene was the vehicle and the occupants of the vehicle, neither of which were on her property.
Originally posted by Lemon.Fresh
Standing ten feet from 60+mph traffic can get you killed while your attention needs to be focused on a traffic stop crime scene on the freeway.
Originally posted by Lemon.Fresh
And an errant car can cross lanes and hit you on a traffic stop from more than 25 feet.
Originally posted by Lemon.Fresh
I agree. An officer does not know who most of the people at the truck stop are when he stops to take a leak. Does that mean everyone must clear out the store?
Originally posted by Lemon.Fresh
An officer does not know all the people passing by him on th freeway. So the freeway must be shut down for a traffic stop?
Originally posted by Lemon.Fresh
Indeed.
But even IF she did have a weapon is not sufficient evidence to do anything.
Originally posted by Lemon.Fresh
--As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)--
Originally posted by Lemon.Fresh
Never mind the fact that the officer did not even acknowledge her presence until he was done with his suspect, and the other two officers (one who would have been "more in danger") said nothing to her.
Originally posted by Lemon.Fresh
Because officers NEVER have to divide their attention. See freeway example.
Originally posted by Lemon.Fresh
Because the officer had no authority to tell her to do as such.
Originally posted by Lemon.Fresh
And freeways could be closed for every traffic stop. Alternate routes can be found.
Originally posted by Lemon.Fresh
So rights are just a game . . .
Originally posted by SFA437
Originally posted by Lemon.Fresh
The crime scene was the vehicle and the occupants of the vehicle, neither of which were on her property.
Incorrect. If someone is shot in your home the home becomes the crime scene- not just the area the body is laying in and not one angstrom further.
Out of 75 respondents, Zimbardo and his team selected the 24 males whom they deemed to be the most psychologically stable and healthy.
Originally posted by Manhater
Excuse me, I thought you said 3 were in the car and 1, was in cuffs with the police. Pardon me.
Originally posted by Kitilani
They pulled over "3" people. They arrested a 4th person and they let one suspect go. Tell me what is missing.
Still could of gotten out of hand because she wanted and chose to be stupid. I only saw 3 cops there in the video. I'm not perfect..
Originally posted by Kitilani
Originally posted by SFA437
Originally posted by Lemon.Fresh
The crime scene was the vehicle and the occupants of the vehicle, neither of which were on her property.
Incorrect. If someone is shot in your home the home becomes the crime scene- not just the area the body is laying in and not one angstrom further.
That was fast. Which part of "neither of which were on her property" is giving you the most confusion at this point?
Originally posted by SFA437
Originally posted by Lemon.Fresh
Standing ten feet from 60+mph traffic can get you killed while your attention needs to be focused on a traffic stop crime scene on the freeway.
This was more than a traffic stop and was not on a freeway. Apples and oranges and quite a poor attempt at misdirection.
Originally posted by Xcathdra
Then you really ned to pay attention to what you type.
Again, you need to pay attention to what you type.
What part of mailman beingcovered under federal law since he is a federral employee do you not understand or grasp? Comparing a mailman to this female is not in the same ball park since one is local, one is federal. Please learn the difference.
Right.. you need to pay attention to the conversation then, as you are so obviously lost its not even funny.
What you dont get is I do understand what people are saying. What you dont understand is their interpretation is wrong, which is why I am ignoring it. Its not based on the law, but their personal opinions of how the think it should be, while they completely ignore the law and how it works. When a person make a comment that is correct, I say so.
When you rech that level, I will say so as well.
Cop hater - no
Ignorant about the law and how it works - absolutely.
I see once again your playing psychic. Im sorry if me being a police officer and correcting you in these forums is a source of discontent for you. Personally, I dont care. I find it annoying that you are so blind when it comes to the law that you fail to acknowledge anything releveant, while embracing opinion from people who dont know the law.
You shold try independant through instead of being a follower.
I have time and again, and you just ignore it because it doesnt fit into your little world of ignorance is bliss. Maybe you should find a person who cn read and comprehend and have them explain it to you so you arent so lost in this conversation. I can use smaller words if it helps you out.
No, have done nothing but constantly correct your mistakes. I have corrected your wrong interpretation of the laws. I have corrected your incorrect statements about how the laws work and how the officers actions are actually legal and not illegal as you state.
Sorry you take being corrected on your mistakes as a sign you are being verbally attacked.
Again, your not a cop hater, your just ignorant.
and yet you keep commenting on it and bringing it up. You shold really work on that issue of yours. While your at it, learn the law and how it works.
Your opinion is not a source, nor is it valid. nice try though and way to deflect. Please proivide your sources. Ive gone back through your posts and have found none.
No... al you have done is whine and complain about the officers actions while ignoring the law and the fact the officers actions were valid and legal. You have whined about the offiers actions without a full and complete understanding of how his job works, and have done nothing but offer your opinion whil ignoring facts and law.
Youhave not provided any sources that support your opinion.
Its not a hard concept to understand.
You make a claim, you support it with the site you got it from. You have failed to do this. Once again, ive gone back trhough and you have not provided any sources.
Originally posted by Kitilani
So then your answer is no, you cannot provide any material sources or facts or law that shows what I have been telling you is wrong.
I have, multiple times now. This goes back to my comment about finding a person who can read as well as comprehend it so they can explain it to you.
She was told to back away from the scene. She refused to comply. She argued for over a minute, causing the officer to divert his attention to deal with her refusal. She broke the law by failing to comply with a lawful command.
Simply stating thats not the case because thats what you think is not valid.
Show me where she has a right to do what she did, and show me where the officer does not have the authority to act. Since you are so right on this, providing this info should be a cake walk for you.
It is a straightforward issue, yet you fail to understand it in such a spectacular manner its humerous.
Actually I can when its in repsonse to your comments and digs.
Thank you for proving my point though, where you stated this is your opinion because you used toi live in the neighborhood. Your entire argument to date has been based on noting but your opinion and is not supported by law. This has been pointed out to you time and time and time again, yet you ignore it because you dont like the answer.
Youhave failed to show any supporting evidence that I am wrong. You have failed to provide any evidence that supports your opinions.
Originally posted by PsykoOps
Originally posted by SFA437
Originally posted by Lemon.Fresh
Standing ten feet from 60+mph traffic can get you killed while your attention needs to be focused on a traffic stop crime scene on the freeway.
This was more than a traffic stop and was not on a freeway. Apples and oranges and quite a poor attempt at misdirection.
First of all how is this more than a traffic stop? After all the guy was set free after no drugs were found. Second, so anyone who is walking on the sidewalk by the traffic stop can be arrested too for obstruction? That is exactly the same thing as what happened by your logic. Even more dangerous actually.
Originally posted by Manhater
I can tell you how the whole night went down.
Originally posted by SFA437
. . .
Incorrect. If someone is shot in your home the home becomes the crime scene- not just the area the body is laying in and not one angstrom further.
This was more than a traffic stop and was not on a freeway.
Apples and oranges and quite a poor attempt at misdirection.
The officer involved was involved in an arrest and/or detention.
If the officers were executing an arrest or search warrant or taking someone into custody in that mentioned truck stop then yes... they can order everyone out. Again apples and oranges and a poor attempt at misdirection.
No (once again we have more misdirection) but if a car was to stop behind them and the occupants pile out the officer could order them to remain in their vehicle, leave the scene and take whatever action they deem necessary to ensure compliance with those commands.
So your contention is the police have no responsibility to those in their custody (the occupants of the vehicle) if armed individuals enter the scene that is under their control? What planet do you live on?
I'll tell you what- next time you see an officer executing a traffic stop- walk up to him or her with a weapon- maybe something big & noticeable like a shotgun- and ignore their instructions to put down the weapon and back away.
Make sure you let them know it's perfectly OK to approach them, that they do not really have a crime scene and you have rights to walk right up on them since it's in public.
Let me know how that works out for you.... please. I want to know how that will turn out.
Originally posted by Lemon.Fresh
--As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)--
Which has nothing to do with either my statement or the OP....
Which shows the officer was surprised to find her there.
Yeah I want some unknown individual coming within my bubble, without identifying herself or notifying me of her presence during a traffic stop in the middle of the night....
Incorrect
No but what she was doing was.
You post that the 21 foot reaction gap is insufficient yet you state earlier that the officers should have no issue with unknown subjects within that distance.
You really should pick one side of the topic and stick with itedit on 24-6-2011 by SFA437 because: (no reason given)
Originally posted by SFA437
Quite simple- the officers were in the process of pulling 3 people out of the car that they had reasonable suspicion to believe had narcotics on them. Once the RS was developed it stopped being a traffic stop for (in NC) a Chapter 20 MVL violation and became a Chapter 14 criminal investigation.
A simple passerby (one with common sense) would not walk up into the middle of a criminal investigation being done on the side of the road. If they were that frakking stupid the officer would direct the individual where to walk as to not interfere. If the passerby continued to attempt to walk where he/she was told not to they would be arrested for obstruction.
Originally posted by Manhater
Originally posted by Lemon.Fresh
Reply to post by Manhater
As an officer, I did hundreds of traffic stops on the freeway. I had to dive through the drivers window of a car twice because people not paying attention.
When pulling a traffic stop (which is a crime scene), zip had to divert my attention constantly during the investigation, to keep an eye on oncoming vehicles.
So each of those drivers should be arrested for diverting my attention while in a dangerous situation?
Or how about arresting them all for obstruction of government administration?
Posted Via ATS Mobile: m.abovetopsecret.com
I am saying in her particular situation she was in the wrong. Not, every situation demands an arrest for a diversion that is unstoppable. Hers WAS stoppable. Everything could of been avoided had she just step back further on the lawn, on the porch, or inside her home. Like the officer asked. He didn't demand. The officer gave her plenty of chances and it wasn't until she started to run her mouth at him, that he said, forget it your going to jail. Because, she kept playing games with him, with the I'm taking my stand approach.
The officer's priority was to make it safe for him, herself, and others, and had to first take care of his original stop, before dealing with her. So, he diffused the situation in order to make it safe for him and his officers. That late at night, it's understandable and I would feel threatened from the commotion.
I'm surprised as you being an LEO that you stand up to this. She did put those officers in danger. As, for your situation, depends. People should slow down and go to the other lane while an officer is making a stop. Not zip right past them. It's disrespectful and can get you hurt. That situation though is unavoidable, and unstoppable. Besides, don't you have a dash cam with their license plate? Cite them a ticket for failing to obey traffic laws.
He tried to have a calm interaction with her, and she just couldn't drop it.
Like what one LEO has said in here, Why hasn't SHE pressed any charges against that officer? If he was in the wrong?edit on 24-6-2011 by Manhater because: (no reason given)
Originally posted by Manhater
Originally posted by PsykoOps
Btw. This is the cops business. You can find all kinds of fun stuff there. Including contact info
OMG, Yeah, he looks so evil. NOT.. Beautiful dogs and that truly shows character of the officer. He did his job pure and simple.edit on 24-6-2011 by Manhater because: (no reason given)
Originally posted by SFA437
. . .
Seeing as how I explained in great detail that a crime scene can/will extend out from the exact place where the suspect is or where the crime occurred