Posted on 04/29/2015 11:04:39 AM PDT by Olog-hai
When police spotted Freddie Gray and he took off running through his Baltimore neighborhood, officers made a split-second decision to give chase, setting in motion his death in custody and rioting in the streets.
Fleeing from police is not, by itself, illegal in America, and the U.S. Supreme Court has made clear that in safe neighborhoods, people not suspected of criminal activity can ignore a police officer who approaches them, even to the point of walking away.
But courts have set a different standard for places where street crime is common, ruling that police can chase, stop and frisk people if their location contributes to a suspicion of criminal activity. […]
There are limits to this leeway: The Supreme Court and lower courts have repeatedly required police to have some justification for stopping or questioning someone in a public place. But several legal experts say that because he was standing in a drug-infested area, Gray’s decision to bolt on April 12 may have justified the decision by four bicycle-riding officers to pursue and detain him. …
(Excerpt) Read more at hosted.ap.org ...
Freddie Gray ran from police because he had a cold and didn’t want any of them to catch it.
Maybe he was late for choir practice.
The less virtuous a people, the greater its need for laws.
AP is crazed. There is no way the Constitution can be ignored that way.
It’s my understanding that not following a lawful order will get you jailed or killed. If you attempt to talk a cop, you’ll wind up giving them a reason to lock you up. It’s a no-win situation.
Be polite, be professional, but never give them any information more than what they’re asking.
I’m reminded of a story about a witness being coached by a lawyer. The lawyer asks, “What do you tell the prosecutor when they ask, ‘Do you know the time?’” The witness thinks for a second, looks at his watch, and in that moment, the lawyer stops him and says, “Wrong. You answer either ‘yes’ or ‘no.’ Providing more information than they need is what gets you into trouble.”
So when a cop pulls you over for speeding and asks, “Do you know how fast you were going?” Don’t offer up an excuse. You either incriminate yourself or lie. You say “yes” or “no.” That puts the officer back on the line and you don’t incriminate yourself. If they come back with, “How fast do you think you were going?” your answer should be, “I have the right to remain silent.” Done.
Most blacks, when approached by anyone of authority, immediately go on the defensive and get stupid. If you didn’t do anything wrong, you ask, “Am I being detained or am I free to go?” You continue to repeat that until they answer the question. If they detain you, they have to have a reason.
If you’re carrying an ounce of pot or something illegal, expect to be jailed. But jail is better than dead.
Isn't that how most of us carry our pocket knife? I didn't realize that it sounded so sinister.
That has been the sop for at least 15 years.
The AP isn’t talking about the Constitution, they are talking about the Supreme Courtstitution.
The proper response is NOT yes or no. The proper response is to assert your rights per SCOTUS ruling.
“I do not answer questions from law enforcement or agents of the state without the presence of my attorney.”
It was reportedly a switchblade knife. Legal to own but illegal to carry.
I expect that the cops responsible for breaking Freddie Gray’s back and his death will be charged pretty soon and after they are convicted will find prison less than hospitable. It’s a shame that agitators and inept politicians triggered a riot before law enforcement had a chance to do anything.
English common law establishes cops can investigate suspicious behavior. The USSC just deals with the murkier elements of what is suspicious.
In many jurisdictions, even if the knife is legal to carry, you must carry it in open view, such as clipped to a belt. Carry it in your pocket and you can run afoul of concealed weapons laws.
“after they are convicted will find prison less than hospitable.”
They’ll be put in protective custody. Cops don’t do time with the criminals usually.
Again, anyone can assert their 5th Amendment right to silence. My point was there are ways of dealing with LEOs outside of running.
Freddie Gray had a record. If he was on parole or probation, did that give police the right to stop and question/search him at will? Would being on parole/probation prohibit him from carrying a weapon, including a pocket knife of any kind?
Makes sense.
Broken windows....
Another effective tactic is to simply walk past the officer saying “I do not wish to be encountered”. If he wishes to stop and DETAIN you, he must affirmatively do so, putting the cause and justification on him.
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