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Old 03-26-2015, 05:22 PM   #4141
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I think it was a bad decision.
So, your entire argument regarding Foranyic is that you believe that both the trial court and the appellate court made a "bad decision" by interpreting the law in a manner which appears to be consistent both with the intent of the statute as well as the majority of applicable precedent.

(I'm playing the role of the professor in first-semester Criminal Procedure here.)

Well, Mr. Braineack, how would you have interpreted the officer's actions in Foranyic? Do you believe that the arresting officer planted the axe on the defendant, or did you simply grow up in a neighborhood in which people riding bicycles down the street armed with axes at 3 in the morning while engaged in no criminal behavior whatsoever was so commonplace that it hardly merited noticing?
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Old 03-26-2015, 05:35 PM   #4142
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DEA agents enjoy attending sex-parties with prostitutes hired by drug cartels.
Wait - this is wrong?
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Old 03-27-2015, 08:20 AM   #4143
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Well, Mr. Braineack, how would you have interpreted the officer's actions in Foranyic? Do you believe that the arresting officer planted the axe on the defendant, or did you simply grow up in a neighborhood in which people riding bicycles down the street armed with axes at 3 in the morning while engaged in no criminal behavior whatsoever was so commonplace that it hardly merited noticing?
No, it is simply my opinion that riding a bike with an axe strapped on your back does not inherently suggest criminal activity. the end. I'm not suggesting anything else. The argument for RS in this case doesn't even necessarily bother me, Foranyic was unable, in court, to come up with any reasonable (if any) explanation to as why he was out riding with an ax on his back at 3am.

The argument is simply: Is standing on a sidewalk drinking a mt. dew and holding a camera so unusual and so removed from everyday experience that it cries out for investigation?


In the video, the first Trooper to stop him asks for ID and when he refuses the request the Trooper says: that's fine. Because the dude's story was perfectly reasonable to suggest the was no crime. That Trooper was completely done with the guy but then it was the second officer, who showed up late to the party, that couldn't handle being denied "a favor". This officer pressed the issue after contact with the Trooper was ending.

The dude was eventually willing to hand over his license under duress (so he wouldn't get arrested) until he asked again one more time, what actual crime is he suspected of committing. When the officer replied "a suspicious person in the area taking pictures," he retracts his compliance and says: that's not a crime. I'm well within my 1st amendment rights, if you want to take me to jail over it and want to deal with a lawsuit...well...then by all means take me to jail.

The cop replies: when we get a call on someone, we have every right to ID them. so.

his reply was, "this ain't a Terry stop," just before the video went dead.


The cop is operating under the premise that he's allowed to demand ID from anyone he gets a call about.

The suspect is operating under the premises that he's not required to show his ID until the cop can prove he has articulable suspicion that a crime has been committed or is going to be committed.



I have a reasonable suspicion that the charges get dropped soon, or he at least wins his case in court.

Last edited by Braineack; 03-27-2015 at 08:41 AM.
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Old 03-27-2015, 09:58 AM   #4144
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cops love collateral damage.

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Old 03-27-2015, 10:03 AM   #4145
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cops love to make me feel like I'm reposting but I'm not.

Deputy police chief in California arrested on drug charges - Beloit Daily News: National News

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Fresno's deputy police chief was among four people arrested on federal drug charges, including conspiracy to distribute oxycodone and heroin, authorities said Thursday.

Deputy Police Chief Keith Foster, 51, was arrested for conspiracy to distribute and/or possess with the intent to distribute oxycodone, heroin and marijuana, the Federal Bureau of Investigations said in a statement.

Foster and Fresno residents Rafael Guzman, Jennifer Donebedian and Randy Flowers were arrested as result of a yearlong joint investigation by the FBI and ATF that involved wiretaps and surveillance, the FBI said.

Foster, a 29-year-veteran of the Fresno Police Department, oversaw patrol operations for the department's four police districts. He has been a deputy chief since January 2007.
Foster has been put on paid administrative leave while the Fresno police conduct an internal investigation into alleged criminal and policy violations, the Fresno Police Department said in a statement.

"This is a very sad day for the Fresno Police Department, the citizens of Fresno, the law enforcement profession, and for me personally," Fresno Police Chief Jerry Dyer said.
An affidavit by U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives special agent Sherri L. Reynolds shows Foster told Flowers in a Dec. 23, 2014, phone call that he had "100 of those things" for Flowers.

Foster picked up a prescription for 100 oxycodone tablets at a Rite Aid pharmacy drive-thru and then drove his black BMW to Flowers' home on West Church Avenue in a pocket of southwest Fresno just outside city limits.

Foster picked up another prescription of oxycodone pills on Jan. 27, 2015, and then drove to Flowers' home.

Flowers has a criminal history in Fresno County that includes a 1988 conviction for possession of cocaine base for sale; a 1994 conviction for being a felon and addict in possession of a firearm; and a 2010 conviction for delivery of a schedule II controlled substance from Marion County, Oregon, the affidavit says.

Neither the FBI nor the Fresno Police Department could provide the name of a defense attorney to comment on the charges.
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Old 03-27-2015, 10:07 AM   #4146
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Some cops still love to ID cameramen and don't arrest them when they deny.



skip to 1:45
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Old 03-27-2015, 10:17 AM   #4147
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more cops who hate cameras and dont know the law.


this is the code that the cop sorta quotes (i say sorta because he quotes the entire criminal section of their MCA):

Quote:
45-8-213. Privacy in communications.

(1) Except as provided in 69-6-104, a person commits the offense of violating privacy in communications if the person knowingly or purposely:

(a) with the purpose to terrify, intimidate, threaten, harass, annoy, or offend, communicates with a person by electronic communication and uses obscene, lewd, or profane language, suggests a lewd or lascivious act, or threatens to inflict injury or physical harm to the person or property of the person. The use of obscene, lewd, or profane language or the making of a threat or lewd or lascivious suggestions is prima facie evidence of an intent to terrify, intimidate, threaten, harass, annoy, or offend.

(b) uses an electronic communication to attempt to extort money or any other thing of value from a person or to disturb by repeated communications the peace, quiet, or right of privacy of a person at the place where the communications are received;

(c) records or causes to be recorded a conversation by use of a hidden electronic or mechanical device that reproduces a human conversation without the knowledge of all parties to the conversation. This subsection (1)(c) does not apply to:
(i) elected or appointed public officials or to public employees when the transcription or recording is done in the performance of official duty;
(ii) persons speaking at public meetings;
(iii) persons given warning of the transcription or recording, and if one person provides the warning, either party may record; or
(iv) a health care facility, as defined in 50-5-101, or a government agency that deals with health care if the recording is of a health care emergency telephone communication made to the facility or agency.

...

(4) "Electronic communication" means any transfer between persons of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.

he's not even close to violating anything in this code.


and here's some case law for joe: http://en.wikipedia.org/wiki/Glik_v._Cunniffe

Last edited by Braineack; 03-27-2015 at 10:27 AM.
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Old 03-27-2015, 11:25 AM   #4148
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"im not pulling you over"...as he's pulling on his arm.

i liked that. but I think my favorite part is the gun drawn on the passenger of car pulled over for a cracked windshield.


Quote:
When it was all said and done, I received a ticket interference/resisting a peace officer. My brother received a ticket for having a cracked windshield.
Is it reasonable to suspect that a passenger of a car with a cracked windshield reasonably suggests criminal activity?

Last edited by Braineack; 03-27-2015 at 11:40 AM.
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Old 03-27-2015, 03:40 PM   #4149
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Originally Posted by Braineack View Post
The argument is simply: Is standing on a sidewalk drinking a mt. dew and holding a camera so unusual and so removed from everyday experience that it cries out for investigation?
At night, for an extended period of time, with no apparent subject, and after a "suspicious person" report has been filed with the police?

I'd wager that the courts will say yes. It's simply unfortunate for Mr. Morrison that he had a belligerent attitude while doing something that he himself knew would probably attract unwelcome attention.




Unrelated: The state of Mississippi hates it when licensed physicians practice medicine.
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Old 03-27-2015, 03:54 PM   #4150
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i lost a bunch of money in vegas. im willing to take that wager!
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Old 03-27-2015, 03:55 PM   #4151
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i lost a bunch of money in vegas. im willing to take that wager!
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Old 03-27-2015, 04:00 PM   #4152
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Originally Posted by Braineack View Post
choose your adventure:

1. cops hate when you breathe.
2. cops hate when you drive better cars than them.
3. cops hate when [insert anything]
4. cops hate to tell the truth on police reports
5. cops hate not punching you in the face.
6. cops hate not planting evidence.
7. judges hate when cops do all the above and drop all charges once they see these videos.
8. cops hate cameras.

Violent Arrest by Inkster Police Caught on Dashcam - YouTube
new video shows the planted evidence.

New Video Appears to Show Cops Planting Crack in Innocent Man’s Car After Brutally Beating Him | The Free Thought Project

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Police originally reported that the blood on his brain, broken orbital bone, and four broken ribs inflicted upon Dent came about as they acted in self-defense. They even went so far as to charge the retired grandfather with resisting arrest, assault on an officer, and fleeing police. All of these charges would ultimately be dropped after the judge watched the video.

However, a possession charge from the evening remained as the officers claimed they found crack cocaine under the passenger seat of the vehicle.

Dent was offered a plea deal that would include probation and expunging his record in six months, but Dent has refused to admit guilt for a crime he did not commit.

After being choked, punched 16 times, and repeatedly tasered- the beaten and bloodied man insisted that the drugs were planted in his car; a claim many might roll their eyes at and call a likely story. Dent was so adamant, however, that he insisted the hospital blood test him. All tests came back as clean as his criminal record.

Dent, in 57 years, had never had a single run in with the law and absolutely no drugs or alcohol were found in his system.

Now, newly released footage appears to prove Dent’s innocence. It shows the officer who is seen choking Dent in the video, William “Robocop” Melendez, pull what appears to be a plastic bag filled with a white substance from his pocket before searching the battered man’s vehicle.

The video is a bit blurry, and it is difficult to make out for sure what is going on, but a quick glance at Robocop’s history certainly does not make the image less suspicious.

The former Detroit officer has an extremely long list of offenses, including having “been sued at least four times for excessive use of force. He has cost the city more than $1 million in legal settlements and received more citizen complaints than any other in the city,” the LA Times reported in 2003.

...

During a joint investigation by the FBI and Detroit Police Department, he was indicted for corruption, falsifying police reports, and planting drugs/guns on suspects who had been illegally arrested. The officer was somehow acquitted by a jury, despite other police testifying against him.

Pulling a bag of coke out of your pocket is the same tactic that this cop employs and shares with his coworkers:

Quote:
Originally Posted by actual police officer with the Palm Beach County Sheriff’s Office
“I have a method for getting people off the street that should not be there.

Mouthy drivers, street lawyers, ******** and just anyone else trying to make my job difficult. Under my floor mat, I keep a small plastic dime baggie with Cocaine in residue. Since it’s just residue, if it is ever found during a search of my car like during an inspection, it’s easy enough to explain. It must have stuck to my foot while walking through San Castle.

Anyways, no one’s going to question an empty baggie. The residue is the key because you can fully charge some ******* with possession of cocaine, heroin, or whatever just with the residue.

How to get it done? “I asked Mr. DOE for his identification. And he pulled out his wallet, I observed a small plastic baggie fall out of his pocket…” You get the idea. easy, right? Best part is, those baggies can be found lots of places so you can always be ready. Don’t forget to wipe the baggie on the person’s skin after you arrest them because you want their DNA on the bag if they say you planted it or fight it in court.”
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Old 03-27-2015, 07:43 PM   #4153
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That cop needs to be murdered. If I was on a jury, I would never convict. That gestapo type crap has no place in the USA.
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Old 03-28-2015, 05:22 PM   #4154
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Yes, the Ohio law states that the officer may detain a citizen and require identification based upon a reasonable suspicion that a crime may [be / have been] committed, a standard fulfilled by the police receiving a report of suspicious activity from a third party, and further reinforced by witnessing the relatively unusual behavior of a man videotaping traffic from a stationary position, for an extended period of time, in the dead of night.


Do you understand the difference between the relatively low standard of "reasonable suspicion" and higher standards such as "probable cause" and "preponderance of evidence," and why statutes related to / supported by Terry tend to be intentionally drafted to require only the lower standard?


If not, allow me to spoon-feed you the appellate court's decision from a similar case, People v. Foranyic, 64 Cal. App. 4th 186 (1998):
"We conclude that a reasonable police officer, considering the totality of the circumstances, would reasonably suspect criminal activity might be afoot upon viewing someone on a bicycle, with an ax, at 3 in the morning. Certainly we would expect a diligent officer to investigate such unusual behavior through the relatively unintrusive means of a detention. This is so even though no recent “ax crime” had been reported."


Given your objection to the actions of the police in People v. Morrison, describe your reaction to Foranyic.



Is it illegal to ride a bicycle? No.

Is it illegal to posses an axe? No.

Is it illegal to be out at 3 AM? No.

Is it illegal to ride a bicycle, with an axe, at 3 AM? No.

But it still satisfies the "reasonable suspicion" test for a detention, and in the case of Foranyic, a subsequent arrest.
But what about riding a bicycle at 3 AM without the ax?
Or maybe being out with a camera instead of the ax?

Fallacies
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Old 03-30-2015, 12:30 PM   #4155
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the best way to get an inmate to do what you want is the choke them out.

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Old 03-30-2015, 12:32 PM   #4156
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police love your money.





cops steal 20k in cash, only gets 11K back about attorney's fees. never charged with a crime. guilty until proven innocent.




JUST SAY NO TO POLICE.
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Old 03-30-2015, 12:36 PM   #4157
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cop cant even drive -- $10 says he's not found guilty of vehicular manslaughter.

Details of wrong-way crash cop's prior accidents continue to emerge | NJ.com

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The car accidents city police officer Pedro Abad was involved in during the past 10 years include one in which he rear-ended a car at a stoplight, another in which he crashed into a highway guardrail, and a third in which he slammed through the front of a store, police records show.

Abad, the driver in a March 20 Staten Island crash that left two men dead, had eight prior accidents on his record, including two that led to drunken driving charges.
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Old 03-30-2015, 12:39 PM   #4158
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cops hate cameras, and to protect innocent people from physical harm.

Eight Cops Watch One Cop Assault Handcuffed Man | Cop Block

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Police in Ohio seem to not be able to understand the job very well. Local news got a story of a Toledo cop punching a handcuffed suspect in the face. The female officer walks over and hauls off and hits the handcuffed man right in face as he bends down to allow the officer behind him to adjust the cuffs. “Police brutality captured at its finest,” says Brad Bollinger, the neighbor who shot the cell phone video. Even the Toledo Public Relations officer agrees it is police brutality just from looking at the video!

...

You can even see that when he is struck, the folks on the sidewalk start to react and the cops go rushing over as if they are going to do something to that officer. And they should expect that the family of the victim would want to retaliate against the attacker! Especially when eight cops stand around and do nothing when one of theirs assaults their brother or father, or whatever! These people then have to watch a gang of thugs that just allowed one of theirs to assault their family member, take that person to the police station, out of their sight, and trust that he will make it there alive? I call bullshit!!

To emphasize this point even further. As I write this, I am informed by a Toledo Cop Blocker that another person has died in TPD custody last night. So we are supposed to trust police with all this information we have about the bad ones? Especially when we are finding out daily how this is not a once in while occurrence.
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Old 03-30-2015, 12:41 PM   #4159
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note to self: dont get incarcerated in FL.

Florida Death Camps? Record 346 Inmates Died While Locked in Florida Prisons in 2014 | The Free Thought Project

Quote:
Florida, in 2014, recorded an all-time high of 346 inmate deaths inside of their prisons. Although the prison population has remained relatively steady the past five years, the death toll of prisoners reached an all-time high for the state in 2014.
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Old 03-30-2015, 12:45 PM   #4160
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cops hate real heros.


if you actually watch the video, the cops just leaves eventually. doesn't even say if he's free to go or whatever. dude has to call dispatch to find out if he's free to go or not.


the next day, the cops were camping outside his house:

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