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Old 10-13-2009, 01:07 PM
 
31,387 posts, read 37,032,019 times
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My, my, funny how "normal" police procedures are an outrage when it happens to white folk.

Let's see, police (tribal or otherwise) approach a group of armed men, they draw their weapons, force the suspects to assume a prone position and place them in handcuffs while the officers ascertain the legality of illegality of the situation (a procedure that the 9th Circuit Court of Appeals found to be exceedingly constitutional). Once the officers determine that there were no chargeable offenses they are released and given their property back.

Shocking!! Unless of course you've never watched an episode of Cops.
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Old 10-13-2009, 01:19 PM
 
Location: NW Nevada
18,158 posts, read 15,616,786 times
Reputation: 17149
Quote:
Originally Posted by ovcatto View Post
My, my, funny how "normal" police procedures are an outrage when it happens to white folk.

Let's see, police (tribal or otherwise) approach a group of armed men, they draw their weapons, force the suspects to assume a prone position and place them in handcuffs while the officers ascertain the legality of illegality of the situation (a procedure that the 9th Circuit Court of Appeals found to be exceedingly constitutional). Once the officers determine that there were no chargeable offenses they are released and given their property back.

Shocking!! Unless of course you've never watched an episode of Cops.
Funny, it did not seem to me that racial issues were at the core of this so much as jurisdictional ones. These 'cops' had no authority to detain these guys, for any reason, let alone do so at gunpoint. I had not seen anyone , other than you, bring race into this. Got an ax to grind? You think this is poetic justice in some way? The issue here, is that these guys were rousted by officers who had no business doing so. How this relates to the race card is quite beyond me. But, I suppose anyone can read whatever they like into it.
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Old 10-13-2009, 01:21 PM
 
Location: The Woods
18,356 posts, read 26,481,472 times
Reputation: 11348
Quote:
Originally Posted by ovcatto View Post
My, my, funny how "normal" police procedures are an outrage when it happens to white folk.

Let's see, police (tribal or otherwise) approach a group of armed men, they draw their weapons, force the suspects to assume a prone position and place them in handcuffs while the officers ascertain the legality of illegality of the situation (a procedure that the 9th Circuit Court of Appeals found to be exceedingly constitutional). Once the officers determine that there were no chargeable offenses they are released and given their property back.

Shocking!! Unless of course you've never watched an episode of Cops.
Umm, I've been stopped by game wardens and questioned about what I was doing while hunting and trapping, never a gun drawn on me, never handcuffed for 2 hours on the ground...what happened in this article is nowhere near normal procedure for determining if a hunter is legal.

Furthermore, there was no justifiable reason to detain them, no reasonable suspicion. The tribal cops' stated reason for stopping them was because they had been shooting in an area off limits to shooting, which is simply not the case at all (ignorance of the law being no excuse, works both ways you know), and after they had been shown they were wrong with a copy of the state's regulations, they continued to hold the people, claiming they didn't have permission to hunt there. They must have a reason to suspect they had no permission.

The 9th Circuit is overturned more often than any other federal circuit. What the SCOTUS says is more important. Police can't just randomly stop people and handcuff them for 2 hours to make sure they're doing nothing illegal. They must have a reason to suspect a crime is being committed. There is also no gun exception to Terry, as these officers found out: Alamogordo police pay $21,000 to settle open carry lawsuit

Just had to throw out the race card too didn't you?
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Old 10-13-2009, 01:52 PM
 
22,768 posts, read 30,719,635 times
Reputation: 14745
Quote:
Originally Posted by ovcatto View Post
My, my, funny how "normal" police procedures are an outrage when it happens to white folk.

Let's see, police (tribal or otherwise) approach a group of armed men, they draw their weapons, force the suspects to assume a prone position and place them in handcuffs while the officers ascertain the legality of illegality of the situation (a procedure that the 9th Circuit Court of Appeals found to be exceedingly constitutional). Once the officers determine that there were no chargeable offenses they are released and given their property back.

Shocking!! Unless of course you've never watched an episode of Cops.

Peculiar how you draw no distinction between hunting game with a historical weapon in a rural area, verses being armed "in general" in a nonspecific location, like a city street where hunting is prohibited for many miles.
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Old 10-13-2009, 02:02 PM
 
Location: Washington DC
5,922 posts, read 8,062,788 times
Reputation: 954
Quote:
Originally Posted by arctichomesteader View Post
Umm, stopped at gunpoint, put on the ground, a young child alternately ignored by the cops and gun pointed at it, all illegally. Not all detentions are legal. This was illegal, a violation of civil rights.
No oe will be charged with anything. The police acted within the bounds of their discretion.
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Old 10-13-2009, 02:25 PM
 
Location: The Woods
18,356 posts, read 26,481,472 times
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Quote:
Originally Posted by rlchurch View Post
No oe will be charged with anything. The police acted within the bounds of their discretion.
No they didn't. You must either not know much about the caselaw on this or just hate freedom.
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Old 10-13-2009, 02:30 PM
 
31,387 posts, read 37,032,019 times
Reputation: 15038
Quote:
Originally Posted by NVplumber View Post
Funny, it did not seem to me that racial issues were at the core of this so much as jurisdictional ones.
Never said there were.

Quote:
I had not seen anyone , other than you, bring race into this.
I know.

Quote:
Got an ax to grind?
Definitely.

Quote:
You think this is poetic justice in some way?
Not for those involved which had nothing to do with my comment.

Quote:
How this relates to the race card is quite beyond me.
No doubt, reading for comprehension isn't one of your strong points.
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Old 10-13-2009, 02:31 PM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,862,853 times
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Quote:
Originally Posted by arctichomesteader View Post
No they didn't. You must either not know much about the caselaw on this or just hate freedom.
The latter I think....
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Old 10-13-2009, 02:51 PM
 
5,758 posts, read 11,631,619 times
Reputation: 3870
Quote:
If a tribal member commits a crime , off the reservation, and then flees to the reservation, he cannot be taken off except by tribal permission.
Well, not quite. However, depending on the state, that sort of arrest might fall to the FBI or another federal agency. And since most federal agencies have higher priorities than, say, traveling out to tribal land to arrest a common criminal, those cases often get shelved.

There is also the issue of the feds being the only ones who can prosecute "major" crimes committed on reservations (reservations can only imprison their own members for up to a year; major crimes and felonies fall under federal prosecution). This means that normal federal DAs and ADAs are the ones who actually have to prosecute these cases. Many don't choose to prosecute those sorts of cases, since they can be legally complex and difficult to investigate.
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Old 10-13-2009, 02:58 PM
 
31,387 posts, read 37,032,019 times
Reputation: 15038
Quote:
Originally Posted by arctichomesteader View Post
The tribal cops' stated reason for stopping them was because they had been shooting in an area off limits to shooting, which is simply not the case at all
Once again, I really don't care about the facts at issue, I just find that the selective nature of outrage to be interesting.
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