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 Post subject: Re: Re:
PostPosted: Wed Apr 20, 2011 1:02 pm 
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adorabalicious
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Diamondeye wrote:
Elmarnieh wrote:

Maybe you could provide the case then?


Terry v. Ohio, among others.

Reasonable Suspicion

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In Terry v. Ohio, the U.S. Supreme Court ruled that a person can be stopped and briefly detained by a police officer based on a reasonable suspicion of involvement in a crime. If the officer additionally has reasonable suspicion that the person is armed, the officer may perform a search of the person's outer garments for weapons. Such a detention does not violate the Fourth Amendment prohibition on unreasonable searches and seizure, though it must be brief. Reasonable suspicion does not provide grounds for arrest; however, an arrest can be made if facts discovered during the detention provide probable cause that the suspect has committed a crime.



Terry doesn't deal with arrest in a broad term but provides an out in 4th amendment prohibition on unreasonable searches without warrant. It has little to do with the other methods of indicating one is under arrest and excuses none of them.

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PostPosted: Wed Apr 20, 2011 1:04 pm 
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Anyway...Yes this is a gross violation of the rights of the individuals in question.

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PostPosted: Wed Apr 20, 2011 1:09 pm 
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Snippet from a case:

http://supreme.justia.com/us/414/218/case.html
U.S. Supreme Court
United States v. Robinson, 414 U.S. 218 (1973)

Quote:
Jenks signaled respondent to stop the automobile, which respondent did, and all three of the occupants emerged from the car. At that point, Jenks informed respondent that he was under arrest for "operating after revocation and obtaining a permit by misrepresentation." It was assumed by the Court of Appeals, and is conceded by the respondent here, that Jenks had
Page 414 U. S. 221
probable cause to arrest respondent, and that he effected a full-custody arrest.


It is very clear here how a traffic stop is different from an arrest. If it was a normal traffic stop, he wouldn't have placed them under arrest.

edit:

Also police officers can search any vehicle once the driver is placed under arrest. So by Elmo's standard, since all traffic stops are arrests, a police officer can search any vehicle just whenever.


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PostPosted: Wed Apr 20, 2011 1:13 pm 
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darksiege wrote:
Nothing wrong with blocking the cars in though.


It was County vehicles. The local government conspired to prevent the exercize of free assembly.

Phelps should sue, and he should win.

This is unacceptable behavior by the County.


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PostPosted: Wed Apr 20, 2011 1:18 pm 
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Also in contemporary English, if a police officer made a remark "I arrested 10 people today", it would not mean he made 10 routine traffic stops for speeding tickets or broken brake lights. There is not even ambiguity here.


Last edited by Lex Luthor on Wed Apr 20, 2011 1:19 pm, edited 1 time in total.

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 Post subject: Re: Re:
PostPosted: Wed Apr 20, 2011 1:19 pm 
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Arathain Kelvar wrote:
darksiege wrote:
Nothing wrong with blocking the cars in though.


It was County vehicles. The local government conspired to prevent the exercize of free assembly.

Phelps should sue, and he should win.

This is unacceptable behavior by the County.

Ah, see, I initially missed that they were county-owned vehicles. My mind parsed it as "pickup trucks from Rankin county" the same way I didn't assume they were blocking in cars operated by the State of Kansas.

So my earlier comments should be taken in the context of applauding a crowd-sourced act of civil disobedience, not a government sanctioned suppression of free speech.

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 Post subject: Re: Re:
PostPosted: Wed Apr 20, 2011 1:19 pm 
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Arathain Kelvar wrote:
darksiege wrote:
Nothing wrong with blocking the cars in though.


It was County vehicles. The local government conspired to prevent the exercize of free assembly.

Phelps should sue, and he should win.

This is unacceptable behavior by the County.


Quote:
Most of the morons never made it out of their hotel parking lot. It seems that certain Rankin county pickup trucks were parked directly behind any car that had Kansas plates in the hotel parking lot and the drivers mysteriously disappeared until after the funeral was over. Police were called but their wrecker service was running behind and it was going to be a few hours before they could tow the trucks so the Kansas plated cars could get out.


I don't see where it specifically says that it was county (as in the local gov't) vehicles. Rankin county pickup trucks can just as well mean pickup trucks owned by Rankin county locals.

Additionally, if they were county gov't vehicles, why would the police wrecker service be called. Seems that is an extra step when all the county has to do is move their own vehicles.

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PostPosted: Wed Apr 20, 2011 1:21 pm 
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It is ambiguous wording, yes. Perhaps another article might provide clearer.

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 Post subject: Re: Re:
PostPosted: Wed Apr 20, 2011 1:32 pm 
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Kaffis Mark V wrote:
So my earlier comments should be taken in the context of applauding a crowd-sourced act of civil disobedience, not a government sanctioned suppression of free speech.


I'm curious here. Am I interpreting this comment correctly by thinking you are saying it's great that citizens are suppressing peoples right of free speech, but if it had been the government then somehow it becomes bad?


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PostPosted: Wed Apr 20, 2011 1:35 pm 
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An armed society is a polite society.

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PostPosted: Wed Apr 20, 2011 1:38 pm 
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I don't care for their tactics or what they stand for but they have the right to protest. I served my country to protect our rights not to protect only what is popular.

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PostPosted: Wed Apr 20, 2011 1:38 pm 
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Foamy wrote:
Arathain Kelvar wrote:
darksiege wrote:
Nothing wrong with blocking the cars in though.


It was County vehicles. The local government conspired to prevent the exercize of free assembly.

Phelps should sue, and he should win.

This is unacceptable behavior by the County.


Quote:
Most of the morons never made it out of their hotel parking lot. It seems that certain Rankin county pickup trucks were parked directly behind any car that had Kansas plates in the hotel parking lot and the drivers mysteriously disappeared until after the funeral was over. Police were called but their wrecker service was running behind and it was going to be a few hours before they could tow the trucks so the Kansas plated cars could get out.


I don't see where it specifically says that it was county (as in the local gov't) vehicles. Rankin county pickup trucks can just as well mean pickup trucks owned by Rankin county locals.

Additionally, if they were county gov't vehicles, why would the police wrecker service be called. Seems that is an extra step when all the county has to do is move their own vehicles.


In the paragraph immediately receding the quoted paragraph, it is stated that many things were put in place at great expense to the county. Seems clear that those were county trucks, not private citizen trucks. After all, why mention just trucks? If private citizens had done this, wouldn't cars have also likely been in the mix?


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 Post subject: Re: Re:
PostPosted: Wed Apr 20, 2011 1:39 pm 
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Elmarnieh wrote:
This is law in the entire US of A. If a police officer says 'do this or I will arrest you' don't do it because if they had RAS you would already be under arrest.


You're sure there are no cases where the police officer has a basis for an arrest but has decided not to arrest you if you cooperate with them so he can arrest someone else? I'm sure it does happen.


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PostPosted: Wed Apr 20, 2011 1:51 pm 
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Khross wrote:
An armed society is a polite society.


Like Somalia?


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PostPosted: Wed Apr 20, 2011 1:52 pm 
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My defense of the idea of private citizens standing up to the WBC is the same as supporting people standing up to Bullies.

If they WERE government vehicles... then I think that was a bit too far.

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PostPosted: Wed Apr 20, 2011 1:59 pm 
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I wonder what people would be saying if this had been a group of blacks who wanted to protest something, and they had been treated this way.


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PostPosted: Wed Apr 20, 2011 2:01 pm 
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Lex Luthor wrote:
Khross wrote:
An armed society is a polite society.
Like Somalia?
The people in Somalia are terribly polite; especially if you shoot back.

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 Post subject: Re: Re:
PostPosted: Wed Apr 20, 2011 2:05 pm 
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Aizle wrote:
Kaffis Mark V wrote:
So my earlier comments should be taken in the context of applauding a crowd-sourced act of civil disobedience, not a government sanctioned suppression of free speech.


I'm curious here. Am I interpreting this comment correctly by thinking you are saying it's great that citizens are suppressing peoples right of free speech, but if it had been the government then somehow it becomes bad?

Yes. Just like I'd be pleased if the hotel took its sweet-ass time having the vehicles towed from their lot, but would be upset if a policeman refused to ticket cars double-parked to box the WBC people in as they were parked on the street.

Or how I support a restaurant's right to refuse service, but not a county engineer's.

As I said, a citizen parking their truck in such a fashion would be an act of civil disobedience. And as I've flatly stated in the past (usually when it comes up in relation to pirates' claims that their piracy is civil disobedience), I'm perfectly happy to see civil disobedience punished as appropriate for the disobedience. It is, after all, disobedience. So I'd expect the trucks to be towed if they were civilians' on a private lot. Or ticketed if they were on public property. And I'd expect the hotel property's owner to receive (and, let's be honest here, probably proudly accept) some negative reviews in online travel sites if he dragged his feet in having them removed from his private lot.

I'm not arguing that the civilly disobedient people be protected from the consequences of their disobedience. Merely declaring that their disobedience is not in violation of the Constitution.

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PostPosted: Wed Apr 20, 2011 2:18 pm 
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Thanks for the clarification.

I have to say, it's disappointing that you only seem to expect the government to support people's rights.


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PostPosted: Wed Apr 20, 2011 2:19 pm 
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People also have the right not to hear other people's garbage. Sad that you think minority rights supercede majority rights.

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PostPosted: Wed Apr 20, 2011 2:20 pm 
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I can find no evidence that this actually took place. So far this is rumor from message board material, with at least one dispute from someone posing as a Brandon law enforcement officer declaring Phelps group never came to the area at all.

I have my doubts that the Phelps group would show up in this area. Rednecks galore with guns to the hilt, and not afraid to use them.


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PostPosted: Wed Apr 20, 2011 2:25 pm 
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Aizle wrote:
Thanks for the clarification.

I have to say, it's disappointing that you only seem to expect the government to support people's rights.

It goes along with the whole "You have a right to speak, but I don't have to give you an audience" thing, to my mind. Nobody was stopping them from talking (except the cops, who removed them from the scene under questionable pretenses, as I've previously mentioned).

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"... Mirrorshades prevent the forces of normalcy from realizing that one is crazed and possibly dangerous. They are the symbol of the sun-staring visionary, the biker, the rocker, the policeman, and similar outlaws." - Bruce Sterling, preface to Mirrorshades


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PostPosted: Wed Apr 20, 2011 2:31 pm 
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Sam wrote:
I can find no evidence that this actually took place. So far this is rumor from message board material, with at least one dispute from someone posing as a Brandon law enforcement officer declaring Phelps group never came to the area at all.

I have my doubts that the Phelps group would show up in this area. Rednecks galore with guns to the hilt, and not afraid to use them.


You could be right, Sam. The initial link I posted came from Facebook this morning. Googling leads me to articles showing peace-loving non-violent displays of support like this: http://www.studentprintz.com/the-south-rises-against-westboro-1.2183326

I'm seeing local articles before the funeral announcing that Westboro was planning to come to the funeral, and an article announcing what was going to be done about it: http://beta.clarionledger.com/article/20110416/NEWS/104160337/-1/archive/Plans-in-place-to-minimize-protest-at-funeral

Quote:
Pinelake Church said in a statement, "Pinelake Church is private property. Our large 170-acre campus is under the jurisdiction of the Flowood city Police Department. Absolutely no protests or inappropriate behavior of any kind will be tolerated on Pinelake Church Property. Local authorities will remove any violators immediately."

The Patriot Guard Riders of west-central Mississippi have announced plans to attend the funeral and help escort the procession to the burial site at New Brandon Cemetery, off Star Road.

The group has numerous chapters across the country and often stand between mourners and various protesters, including the Westboro Baptist Church members.

Alan Smith, the primary ride captain for the local Patriot Guard Riders chapter, called for residents to stand on the route from the church to the burial site.

The riders also escorted Rogers' body along U.S. 80 to the Ott & Lee Funeral Home in Brandon after it arrived on Thursday.

Last month, the U.S. Supreme Court in an 8-1 decision ruled that Westboro members were protected by the First Amendment.







Also noteworthy, it is against the law in Mississippi to disturb a funeral:

Quote:
In Mississippi, state law prohibits the disturbance of a funeral, burial service or memorial service by a disruptive protest. Conviction of the misdemeanor offense carries a fine of up to $500 for the first offense and up to $1,000 for any subsequent offenses.

The state law went into effect July 1, 2006. A measure that would increase the penalties was considered in the recent legislative session but died in committee.

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PostPosted: Wed Apr 20, 2011 2:33 pm 
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Kaffis Mark V wrote:
Aizle wrote:
Thanks for the clarification.

I have to say, it's disappointing that you only seem to expect the government to support people's rights.

It goes along with the whole "You have a right to speak, but I don't have to give you an audience" thing, to my mind. Nobody was stopping them from talking (except the cops, who removed them from the scene under questionable pretenses, as I've previously mentioned).


I guess I can see that, and even agree with the mentality. I just think that specifically blocking in their cars, with the sole intent of illegally preventing them from getting somewhere is crossing a line.


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PostPosted: Wed Apr 20, 2011 2:41 pm 
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I assume the police fined them for that, so what is the issue?

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