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He wasn't arrested for drinking tea in public. He was arrested for trespassing.
Then why was he cleared on the charges of trespassing? Because, clearly, he didn't leave when asked to.
Quote:
Originally Posted by WaldoKitty
(a) - I agree with what the court said.
With that said, it was pretty stupid to be drinking out of a can in a NC ABC liquor store parking lot.
You agreed with what the court said? The court said the stop was unconstitutional thus the trespassing charges that stemmed from the illegal stop is inadmissible.
So you think it's stupid to do something totally legal, like drinking from a can in a liquor store parking lot, presumably because it will "bait" the police into a response that will violate your constitutional right?
....
So you think it's stupid to do something totally legal, like drinking from a can in a liquor store parking lot, presumably because it will "bait" the police into a response that will violate your constitutional right?
No, I think it's stupid to deliberately provoke the police so they turn around and arrest you and toss you in jail for the night. He did indeed get his day in court and his rights were upheld and I already said support the decision. So stop trying to put words in my mouth.
What did it get him? Night in jail and almost 2 years of dealing with the courts & lawyers over nothing. I'm sure he is glad it's over and most likely won't tempt that fate again.
Oh, and you never did answer your own questions that you demanded of me. Forget that. I have one question for you.
Would you pay any attention to this case if the party had been White? I'm thinking not, but if you want to explain otherwise, I'd love to hear it.
No, I think it's stupid to deliberately provoke the police so they turn around and arrest you and toss you in jail for the night. He did indeed get his day in court and his rights were upheld and I already said support the decision. So stop trying to put words in my mouth.
What did it get him? Night in jail and almost 2 years of dealing with the courts & lawyers over nothing. I'm sure he is glad it's over and most likely won't tempt that fate again.
Oh, and you never did answer your own questions that you demanded of me. Forget that. I have one question for you.
Would you pay any attention to this case if the party had been White? I'm thinking not, but if you want to explain otherwise, I'd love to hear it.
Of course I'd pay attention ... I don't think it's race-related ... even worse, with your line of thinking, anyone's liberty could be violated if they were simply "drinking from a can" in a liquor store parking lot.
Supporting the court's decision is one thing, you seem to think the original stop by the police was justified ... or at least you won't come right out and say so.
No. He asked me a littany of questions. See above. And I honestly answered. So it's not too much to ask for the same, and I'm only asking one.
Now that you jumped into it, without bothering to get the context first, do us a favor, man up and answer it too.
NO it has nothing to do with race. You need to really take your glasses off. It has to do with all the BS cops do when they cannot find anything better to do. In my locality, about 6 months ago a man was arrested when he was walking through one of the parks as he was carrying an unopened pack of beer (along with one or two other things from supermarket). He tried to explain to cop that he is not drinking or planning to and he's simply walking through park as sidewalk through the park saves him a lot of time as he lives right across. Drinking alcoholic beverage in parks is prohibited. Cop didn't listen anything and locked him up. He was released next day and judge dismissed the case rightaway as arrest didn't make any sense. He was white and I supported him as much as I could.
Of course I'd pay attention ... I don't think it's race-related ... even worse, with your line of thinking, anyone's liberty could be violated if they were simply "drinking from a can" in a liquor store parking lot.
NC posts signs in all it's liquor stores advising people that drinking alcohol in the parking lot is illegal. This situation is not that simple. However I do agree with you. If you want to make a point about your rights, drinking ice tea can in a parking lot like this, then challenging the ALE officer who asks you about it, is a good way to get you the attention that you seek. This party got 2 years of it.
As I said in the end, the defendant's rights were upheld. I'm not sure why you still have an issue. If you think he did a smart productive thing, then I don't mind. This is your opinion. I think it was stupid and a waste of time by all.
NC posts signs in all it's liquor stores advising people that drinking alcohol in the parking lot is illegal. This situation is not that simple. However I do agree with you. If you want to make a point about your rights, drinking ice tea can in a parking lot like this, then challenging the ALE officer who asks you about it, is a good way to get you the attention that you seek. This party got 2 years of it.
As I said in the end, the defendant's rights were upheld. I'm not sure why you still have an issue. If you think he did a smart productive thing, then I don't mind. This is your opinion. I think it was stupid and a waste of time by all.
When should you challenge this liberty? Not just the liberty of drinking from a can in public but liberty to not be questioned and arrested without probable cause?
From the video, Beatty didn't do anything to warrant harassment ... he wasn't talking loudly, horsing around, disturbing customers, smoking a doobie, etc (and the court agreed).
If I'm sitting on the hood of my car in a liquor parking lot minding my own business and drinking my can of Coca-Cola, I'd be challenging some stranger who merely says "I'm police" and "asking me about it".
(a) - I agree with what the court said. (b) I'm not outraged.
Yes
Yes
No - waste of time.
I commend Mr. Beatty for standing up for himself in court by refusing to take the plea if he didn't feel he was guilty. With that said, it was pretty stupid to be drinking out of a can in a NC ABC liquor store parking lot. It smells of a publicity stunt, which in this case, was pretty successful.
You should also answer these questions.
This officer did NOT properly identify himself. He was plain clothes, and the only time he might have shown his badge was the point where he quickly flipped his jacket aside, and at that point was when he decided to make the arrest. Sorry but no proper ID you aren't getting my cooperation either, and showing me your badge as you decide you are going to arrest me doesn't count. In fact, if some guy came up to me demanding that I hand over anything I am drinking for any reason without showing proper ID and having no indication of them actually being a cop other than a single word, they are going to get a not so polite "F--- off" from me. Now had this cop shown his badge at the time of saying who he was, it would be a different story, but as it stands, he did not, and therefore he gets no cooperation. And hell, after that quick flip show of badge I still would have my doubts, that quick of a flash I could go buy a fake badge and you'd never notice because the amount of time you got to see it would have been too little to make out much more than the shape and if it was shiny or not.
While I will agree with most posters that this looks half staged, there is obviously a court record or we wouldn't be talking about it. If the video is actually of the arrest, then the cop was completely in the wrong due to not identifying himself properly, and making false accusations after the fact that he got questioned about his validity. The judge was right to dismiss the case and the victim should be compensated for this cop's actions.
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