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Old 02-19-2015, 09:23 AM
 
Location: Los Awesome, CA
8,520 posts, read 4,788,063 times
Reputation: 3303

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Quote:
Originally Posted by runswithscissors View Post
There was no POURING OUT requested in the articles that I read.

He asked to inspect it. He also asked the guy to leave the parking lot and he refused both requests.



Okay, if an officer asks to inspect your drink, legally you don't have to comply if their isn't reasonable suspicion "with evidence" that you're breaking the law. And since drinking ice tea isn't enough reasonable suspicion to justify a search, this guy was in the right. Regarding being asked to leave, you're only required to due so if the business request, or the property has no loitering signs posted.
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Old 02-19-2015, 09:26 AM
 
7,497 posts, read 9,346,619 times
Reputation: 7394
I know a black guy who said he was arrested for a DUI and kept overnight even though he had no alcohol in his system and his test showed that.
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Old 02-19-2015, 09:28 AM
 
Location: Los Awesome, CA
8,520 posts, read 4,788,063 times
Reputation: 3303
Quote:
Originally Posted by runswithscissors View Post
More facts not in evidence.

He didn't "take his personal possession away".

THAT'S why he asked the man to voluntarily let him inspect it.

THEN when he refused, the asked the man to leave the parking lot. He refused to leave.

And LOL "YOU" are going to arrest an officer for anything. OK. Please make sure there's a video of THAT.
I don't think a citizen can arrest a police officer that is on duty like that, but we damn sure don't have to comply with a request to inspect a personal item. I know personally I don't ever give consent for LEOs to inspect or search my person or property in no circumstance. There's no need to enable the police state by being complacent...
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Old 02-19-2015, 09:59 AM
 
Location: Seminole County, FL
7,879 posts, read 5,460,446 times
Reputation: 9593
Quote:
Originally Posted by Howest2008 View Post
Marshals do have Warrants for FELONS when they Barge Into Someones House. They have proof that the
FELON is most likely THERE Also.
Yes, but this PROOF can be something as miniscule and as false as "he said she's in there" type of info from a random anonymous call.
All it takes is for someone to tell officials that such wanted FELON is in your house (regardless of whether you even KNOW this person) and marshals can invade your house. They can be held responsible for any property damage caused, but that's about it.
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Old 02-19-2015, 10:01 AM
 
Location: Seminole County, FL
7,879 posts, read 5,460,446 times
Reputation: 9593
Quote:
Originally Posted by SHABAZZ310 View Post
I don't think a citizen can arrest a police officer that is on duty like that, but we damn sure don't have to comply with a request to inspect a personal item. I know personally I don't ever give consent for LEOs to inspect or search my person or property in no circumstance. There's no need to enable the police state by being complacent...
Meh... I've let them search my car when asked...
If you don't, they'll call K9 units (which can take anywhere from 30-60 minutes for them to arrive), they often "trick" the dog into reaction, and they still end up searching your stuff.

If I'm innocent, I'd rather have them take 5 minutes to search my car and be on my way rather than sit there for an hour, have a dog all over me, and STILL potentially get searched.
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Old 02-19-2015, 10:01 AM
 
Location: Miami, FL
8,088 posts, read 7,381,731 times
Reputation: 6650
http://www.usmarshals.gov/foia/direc...ations/8.5.pdf

Here it is from the Marshals own site regarding entry. Exigent circumstances is the one used for warrantless entries.
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Old 02-19-2015, 10:03 AM
 
Location: Miami, FL
8,088 posts, read 7,381,731 times
Reputation: 6650
Quote:
Originally Posted by Osito View Post
I know a black guy who said he was arrested for a DUI and kept overnight even though he had no alcohol in his system and his test showed that.
That would be considered heresay
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Old 02-19-2015, 10:06 AM
 
Location: Los Awesome, CA
8,520 posts, read 4,788,063 times
Reputation: 3303
Quote:
Originally Posted by Arcenal352 View Post
Meh... I've let them search my car when asked...
If you don't, they'll call K9 units (which can take anywhere from 30-60 minutes for them to arrive), they often "trick" the dog into reaction, and they still end up searching your stuff.

If I'm innocent, I'd rather have them take 5 minutes to search my car and be on my way rather than sit there for an hour, have a dog all over me, and STILL potentially get searched.
That's your personal choice, and do you know what? It's okay for you to choice to do so. But don't hold a negative opinion of those who may choose to do otherwise. Me personally, I'm against unlawful searches and seizures. In any circumstance...
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Old 02-19-2015, 10:14 AM
 
Location: Seminole County, FL
7,879 posts, read 5,460,446 times
Reputation: 9593
Quote:
Originally Posted by SHABAZZ310 View Post
That's your personal choice, and do you know what? It's okay for you to choice to do so. But don't hold a negative opinion of those who may choose to do otherwise. Me personally, I'm against unlawful searches and seizures. In any circumstance...
Oh, believe me, I do not. I fully support the guy for sticking up for himself.
I just tend to normally be in somewhat of a hurry, and would prefer not to waste time with police if I can avoid it.
I'm as much against pointless, unlawful searches and seizures as well.
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Old 02-19-2015, 10:20 AM
 
Location: Pittsburgh, not Paris. #MAGA.
9,693 posts, read 5,362,606 times
Reputation: 9676
Quote:
Originally Posted by SHABAZZ310 View Post
[/b]

Okay, if an officer asks to inspect your drink, legally you don't have to comply if their isn't reasonable suspicion "with evidence" that you're breaking the law. And since drinking ice tea isn't enough reasonable suspicion to justify a search, this guy was in the right. Regarding being asked to leave, you're only required to due so if the business request, or the property has no loitering signs posted.
Right. I never got any impression that the man's presence was not welcomed by the store itself; though I could be wrong here, though I doubt I am or else the entire arrest/charges wouldn't have been thrown out.
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