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Whatever he's done in the past shouldn't have bearing on the situation.

That's absolutely ridiculous. Of course it should.

Loose cigarettes are a bs way to claim probable cause.

Commission of a crime is not probable cause? Please tell me you're not a lawyer.

The reality: a 350lb, 40+ year old man does not stand outside in the heat for hours in the middle of sidewalk just to sell loose cigarettes.

He is there as a lookout for people who are selling things that are stronger.

And part of his job is to argue with and stall the police.

He knew precisely what he was doing.

He may have been doing something other than selling cigs, but how you know this is a mystery to me.

Even if he was doing what you say, the officers’ actions would still be wrong after they took him down.

Commission of a crime is not probable cause?

As I have said, I do not really blame the police. I blame the state that created the market for loose cigarettes by there method of prohibition by excessive taxation.

The reality: a 350lb, 40+ year old man does not stand outside in the heat for hours in the middle of sidewalk just to sell loose cigarettes.

That's conjecture. I see people standing out on the corners of Cleveland, Akron, and suburban freeway exit ramps in 80+ degree heat with signs begging for loose change. I can absolutely see the same type of person out picking up a buck or two per cigarette.

He is there as a lookout for people who are selling things that are stronger.

That's also conjecture.

I believe New York is #1 in the country for the sale of black-market cigarettes. I think LA is #2. I saw a report that 60% of cigarettes smoked in NYC are bought off of the black market. To me, it is very possible he was simply out hustling a few bucks by selling cigarettes.

The reality: a 350lb, 40+ year old man does not stand outside in the heat for hours in the middle of sidewalk just to sell loose cigarettes.

He is there as a lookout for people who are selling things that are stronger.

And part of his job is to argue with and stall the police.

He knew precisely what he was doing.

Death for traffic tickets.

Or for pre-perps who might be THINKING of committing a traffic offense.