User Panel
Over your head again...the father was inside and not in sight when the officer first attempted to detain him. Therefore he was not "in the presence of". So had he not fled the first attempt at detention he would have been fine. It's elementary. |
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The general public does not flee from the police. When they do it is usually for a reason Don't be so naive |
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Wow, according to the DA it was good enough. Of course, sitting in RI you know better than the DA. |
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When reason and logic fail you can always play the race card. |
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Again it's way over your head. When the kid flees the attempt to detain him right away the officer is investigating why. Cut your losses and move on |
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Where's your proof? Come on. You're saying the family is a family of druggies from the security of the anonomous internet, I bet you wouldn't say that in print under your own name where you could face libel. But on the internet you're free to call people whatever you wish. BTW, I don't have to talk to the police, only when being detained. Again, no clear evidence he was being detained by the officer when he walked into the house. |
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He didn't flee. He walked into his house. It's not even clear he was aware of the officer's presence or the officer's desire to talk to him. You make it out to be like the cop was running after the kid yellling stop police. Please. If a cop car pulled up in front of my house, I'd walk inside too. |
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Seriously, do you HONESTLY believe there is a strong probability that this all happened due to race? You do know that Chief Mendoza is Hispanic, right? What are the odds of having FTW officers willingly risk their careers & face civil suits just to bug someone because his race is the same as their Chief's? |
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Whatever. A criminal defense lawyer in court would have you working the cotton fields in minutes with an attitude like that. |
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If you had an 8-ball or some rock on you and the cop stopped you might beat feet though right? Flush the contraband then come back out. No rocket science involved. |
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When reason and logic fail you can always accuse the person who was not charged by the DA of being guilty of something beyond the scope of the investigation. |
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Here is the "respect my authority" attitude. You disagree with me, so go away. Of course, justice23 knows better than all of us. He's smarter than all of us. He's a sheepdog and we're all sheep he needs to protect. Disgusting attitude. |
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Some of the people on these boards are truly, frighteningly sick. |
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You can flee by taking 6 steps into your house while the officer tells you to stop. "flee" is just a term but I guess it was over your head |
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Not at all. There is a reason people flee from the police 99.9% of the time. And sometimes those naive little sheep who get in over their heads need protecting Lighten up Francis |
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I have about as much proof of that as justice23 does that the kid was a crackhead. He started throwing around baseless accusations, so why can't I? It's all fair right? Simply demonstrating that baseless accusations can go either way. I don't think the guy was racist. I do think he pushed the issue too far because he felt the boy showed contempt of cop. |
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Again, you're trying to assert your superiority. Wow you must feel really small. That badge makes you feel big doesn't it? |
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Hello, our Constitution was drafted to protect that .1% of the time. If you don't it leads to tyranny. |
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That's right. Everyone is a criminal in the eyes of the police. It's just a matter of whom they want to hassle on any given day. |
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in texas you can legally drink alcohol or smoke cigarettes underage while in the supervision of your parents, even in public.
besides being a bullshit reason to stop someone on private property, once age was verified via the parents there was no reason to continue with it on the part of the cop. a father saying a police officer is harrassing them is not grounds for anything, it is not a crime, even though a lot of cops will use an attitude like that to find reason to suggest other crimes were committed, which is exactly what happened here. as has been stated, a cop simply saying "hey you" is not grounds for detention or reason to believe you are obligated to do anything. walking away when doing nothing wrong and have not been officially placed into a state of detention is not grounds for anything. neither assumption or wrongdoing nor punishment. |
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without any additional evidence one could claim the cop was a crack addict and totally dirty. you have just as much evidence to suggest that as you do saying the kids house was a crackhouse, so why not? i mean the officer obviously was acting very irrational and the courts seemed to think so as well.... |
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I'm done here, I have to get to work.
I'll check back tomorrow though By the way, I was just argueing a point of law and don't agree with the chickenshit stop. And I owe Dport an apology for saying things were over his head. I was out of line and trying to push his buttons. I can see both sides of the arguement. Night all |
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Bullshit. Complete bullshit. The fact that the cop doesn't how old the guy is doesn't establish a founded or articulable suspicion that he's underage. The cop also couldn't tell whether the guy was an escaped convict. |
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If a police car stops in front of my house while I'm smoking a cigarette and the officer gets out and says "Hey, come over here", I'm gonna notice. The 21 y/o did nothing to avoid escalating the situation. If an officer says to 'come over', you go over.
The soccer moms pass a law against underage smoking and then when the officer who is tasked with enforcing the law checks to see if he is underage, mom is 'in tears'. Well, don't pass such laws and teach your son to respect other people, including a police officer. And, no, one laws is not more important than another. |
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What you mean a cop can't just eyeball it? |
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You don't owe me anything. Things get heated sometimes, no big deal. |
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What's your remedy for abuse of authority? |
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Assuming, of course, that's how it went down. What if, and I realize this is a big what if, the kid was deaf? |
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With all due respect, I look very young for my age (it helps that I don't smoke) so I would give the officer the benefit of the doubt. I don't think he was rousting the guy. I think the 21 y/o went from 'contact' to a 'detention' by not responding to the officer. It went from 'detention' to 'arrest' when he and the family interfered with the officer's duties. Internal affairs should look at it and decide if the officer did something wrong. |
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Everything would have been fine had kid #2 told the cop to get off the porch and locked the door. I somehow doubt that Officer Cockbite would be granted a warrant based on his statement that a smoker who might have been under 21 walked into his home after being hailed by the officer. I hope they do something with that POS, like fire him at a shift assembly.
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Once the officer was told by the father that the 21 y/o was deaf, it would have completely de-escalated the situation except for the most hardcore rogue officer (<2%). |
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Well, I certainly wouldn't advocate killing a law enforcement officer because someone disagreed with his legal interpretation of such a minor potential infraction. |
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It's a legal issue - and a logical one. "I can't tell for sure that X is legal" does not give rise to an actionable belief or suspicion that X is illegal. The very notion that it can is inimical to any notion of liberty. The right response - if the kid heard the cop - would have been "I have nothing to say to you. Am I under arrest?" |
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Havent you been reading? This officer was totally within his rights as he was investigating a crime. Im glad I look more than old enough, dont smoke and have no dog. This bullshit could have been much worse with different actors. In a truly free country it would have been. |
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As much as I loath the ACLU, they do give great info on how to deal appropriately during a police encounter. You are absolutely correct (not that I need to tell a lawyer that) that the situation could have been handled as you state. Once the 21 y/o was inside the house that's very likely what the ACLU would have stated. But you have to agree that he could have de-escalated the situation far more easily outside by answering questions only pertaining to the cigarette use. |
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Well, I don't know about you, but none of my "remedies" include the wanton murder of a police officer. That usually tends to not solve things. What is wrong with some of you people?!? |
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If that's your remendy also you're both sick. |
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If the father said he was 21 and offered to get the BC, as the story described, why not end it there? In both cases, you're taking the father's word. |
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Exactly. If you know for a fact you're not required to obey, then don't and accept the consequences. The consequences are you're probably going to be arrested. It doesn't matter if it's wrong or right, that's how it is. Then you go to court and prove you didn't have to comply. Then sue for a gazillion dollars like everyone seems to do now. Costing a city or state 10 millions dollars or whatever is the way to change this kind of behavior, not spouting off about how "all cops are assholes".
Those are the people that demand things like mandatory sentencing, 3 strike laws, and laws that keep people from owning firearms because they pissed off their girlfriend. It can't be both ways. The attitude is usually that those laws are for the criminals, not for nice people like me. |
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Since when the fuck is it illegal to not want to speak to a police officer on your own property? To walk away from a police officer on your own property when there is absolutely NO fucking legitimate cause to believe a crime has been commited. As previously stated, even if this was a 15 year old smoking a ciggarette, the 15 year old(theoretical) was on his own property and thus legally allowed to be using tobbaco under the supervision of his gaurdians. Anyone defending this cop(if the story is as it sounds) is going waaay out on a limb. It opens the doors for cops to just go out and try to bust people for whatever the fuck they want, wherever they want.
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In your informed opinion, and this is meant as a serious question, what can I expect as a response from law enforcement if I decide to start saying this when/if cops decide they need to pester me? (And i'll gladly accept the responses of the bruised ego cops that will make wild assertions of authority, too, even though I mean this question for FLAL1A.) |
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What do you suppose would happen to you if you saw an officer commit a crime and laid hands on him to arrest him? What is "wrong" with some of us is that we see abuses of the Constitution becoming more and more common, and more and more casually accepted. A police officer who engages in a wanton abuse of his authoruty, as it seems happened here, is evil. He has no moral entitlement to be treated as an officer of the law, but should be treated as a traitor, for abusing the Constitution he swore to uphold. I don't think this particular bit of authoritarian jackassery warrants death, but he should be fired, stripped of immunity, prosecuted for trespass, battery, and false imprisonment, and locked in jail for a few years. The bastard engaged in outrageous conduct to vindicaye his personal authority. He should suffer for it. |
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Woah there, how can you go from contact to detention just by ignoring the officer? If the contact is voluntary, which is what I assume by your distinction between contact and detention, refusing that contact doesn't not mean you can escalate to detention just because someone doesn't talk to you. If that's the case there is no voluntary contact and every time a police officer talks to you then you're being detained. Wouldn't Miranda apply since the state can't force me to answer questions, ie the 5th? |
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Is it a remedy that you're in danger of taking? If the shoe fits, wear it. If it doesn't apply to you, then ignore it. You know who your dumbshit coworkers are. You shouldn't lament them getting the rewards of their idiocy. |
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What's your take on burning down government offices, beating tax collectors, and engaging in open warfare with authorities? John Hancock and Sam Adams want to know. |
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that's a typical cop tactic... |
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