Posted on 04/30/2015 10:38:54 AM PDT by QT3.14
And so, he got what he deserved:
Death penalty meted out by high school C students or less.
For all of my 60+ years I ASSUMED they can shoot at you if you run from them for ANY reason. I think I will keep looking at it that way. Sure has kept me OUT OF JAIL!
Plus I don’t break the law. That helps too.
Never run away from the cops. Always walk away. If they tell you to stop, you respond in a loud voice “I do not wish to be encountered.” and keep walking.
This creates a legal “process point” in that the Officer has been notified that you do not wish to engage with them in any conversation. If the officer at that time wishes to detain you, he must then take further action to do so. this puts the burden of “reasonable suspicion” (see Terry vs Ohio SCOTUS ruling) on the officer for the stop. If the officer want you to stop, he will have to communicate that via another order. This denies the officer the “cover” of simply wanting to talk to you. The officer must either initiate a formal stop, or let you continue to walk away.
If the officer does stop you, the response changes as the circumstances have changed. Now the response should be “I want to be on my way. Am I being detained or am I free to go?” Do not answer any questions (I do not answer questions from law enforcement or agents of the state without the presence of my attorney) and repeat the question of being detained twice for a total of three times. If the officer does not directly answer the question, make the positive assertion of “If you do not tell me that I have been detained, I will now be on my way.” pause for 3 seconds to allow the officer to respond and then proceed to walk away.
Once the officer says that you are detained, repeat one of the following 3 statements until you are either arrested or no longer detained:
1) I do not consent to a search of myself or my property
2) I do not answer questions from law enforcement or agents of the state without the presence of my attorney
3) Depriving me of my rights is a violation of Title 42 section 1983 of the federal code.
If the officer arrests you, say “I am asserting my right to remain silent and I wish to speak with my lawyer.” Say nothing else. You are not required to respond to any of their questions or statements or assertions. You do not need to make that statement multiple times, but you DO need to make that statement at least once.
In this case, very likely that the “reasonable suspicion” threshold would have been met. Known drug area, prior convictions, etc. This would have triggered a Terry stop.
It’s the rule here in Pennsylvania that you can refuse to pull over until you are in a populated area where there are potential witnesses.
If you give the cop a fake ID, fight him, then run you need to be able to run faster that 1500 feet per second.
I'm going to guess that possession of a weapon would be considered a probation/parole violation.
Makes me steaming mad. My husband got stopped for a burned out headlight, on our way to drop off our car at the repair shop! He is a decent kind soft spoken Christian tax paying law abiding US citizen. (He is guilty of being WHITE) They acted like he was some kind of serial killer, they were so mean, rude hateful
Yet the young black rioters are allowed to stomp on police cars, tip them over, break out the windows, burn buildings, loot... with zero punishment....
The USA is UPSIDE DOWN!
So often in Austin & Houston there have been FAKE COPS! Good idea to proceed to a well light populated area before you stop for “cops”
I think switchblades are legal in Texas now.
And how am I supposed to know whether this applies to me?
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It’s impossible to know. But the constraints for a temporary detention are rather lenient, so it’s best to assume that the stop is legal.
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If a policeman is attempting to get my attention, I cooperate.
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Exactly. If they violate your rights, then you file a complaint or fight them in court later.
LOL reminds me of what happened here.
A vehicle was during on a country road and came behind another vehicle which was going the sped limit.
The vehicle behind went around and flashed his lights and started wagging his finger at the driver in front.
The vehicle goes in front only to see flashing lights behind him now.
Turns out he car behind who first flashed the flights actually flashed the lights at a undercover police car and the car who first flashed was a fake.
driving not during
MAYBE, BUT NOT FROM THEIR mOTOROLA.
Yes, but he was initially detained for running. Had that not happened, he would not have been arrested (because the officers would not have searched him and found the knife).
Wouldn't the better and more cogent question be Should you run from Police?
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.
Interesting. My response is as follows:
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The south carolina incident...suspect fled 3 times, assaulted officer, grabbed taser.
I never got caught, either.
How did the police find out he was in possession of a switchblade knife?
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