To: rickmichaels
This kid did nothing wrong...but he did do something out of the ordinary, and to them, that is suspicious. Based on that suspicion, they presumed wrong doing. Out of the ordinary is not "probable caus," to commit a crime, which is what the constitution says they have to have to search. So, they took his uncommon behavior, ie. simply asking them if giving his name and ID to them was "required," to be probable cause and from that point on, I promise you, they were going to search his car. But he did bait these police, and was attempting to push the limit...and their buttons without doing anything physical. As I see it, he did his thing, and the officers did theirs. He did not give them legal reason to search...but he did (IMHO) intentionally push to see what it would take and they used their own judgment and discretion after that.
2 posted on
07/06/2013 9:36:56 AM PDT by
Jeff Head
To: Jeff Head
Should have stuck with his position of “Am I being detained?” and not given an inch.
Don’t pull over and don’t get out of the car unless LEO can articulate a reason for detaining you. If you decide to get out of the car, lock the doors and take the keys with you.
One must neccessarily be prepared for an extended time with LEO to protect a God-given and Constitutionally protected right.
5 posted on
07/06/2013 9:42:35 AM PDT by
Cletus.D.Yokel
(Catastrophic Anthropogenic Climate Alteration: The acronym explains the science.)
To: Jeff Head
He made one small but important mistake. When he asked “Am I being detained?” he should have followed up with “am I free to go?”
The latter is a very specific legal question. If a cop says “No,” you ARE being detained and he has to have probable cause to detain you.
As you point out “acting normal” is NOT probable cause.
Next up: lawsuit.
9 posted on
07/06/2013 9:47:32 AM PDT by
freedumb2003
(To attempt to have intercourse with a hornet's nest is a very bad idea)
To: Jeff Head
You have no idea what it means to be a freeman. You justify a police state because you are a coward. Even in the midst of America’s first security state takeover, you fold like a cheap suit to OBVIOUS abuse. Please cancel your account.
37 posted on
07/06/2013 10:53:12 AM PDT by
HMS Surprise
(Chris Christie can STILL go straight to hell)
To: Jeff Head
“As I see it, he did his thing, and the officers did theirs.”
The problem is, what he did was completely lawful, and what the officers did was completely unlawful.
To: Jeff Head
Multiply by 10,000 times a day and you have Obama’s Amerika.
47 posted on
07/06/2013 11:12:54 AM PDT by
Blood of Tyrants
(Inside every liberal and WOD defender is a totalitarian screaming to get out.)
To: Jeff Head
I respect you, Jeff, but don’t agree with you this time. The officer escalated this immediately when not given sufficient homage, and got that “thwarted authority” attitude, determining to punish this young man for not obeying whatever he said to do.
58 posted on
07/06/2013 11:56:23 AM PDT by
Shimmer1
(No matter how cynical I get, I just can't keep up.)
To: Jeff Head
But he did bait these police, and was attempting to push the limit...and their buttons without doing anything physical. When someone video records the police, do you characterize that as baiting the police?
81 posted on
07/07/2013 2:02:08 PM PDT by
Ken H
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson