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Old 10-14-2009, 06:37 AM
 
Location: Michigan
5,376 posts, read 5,359,503 times
Reputation: 1633

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Quote:
Originally Posted by arctichomesteader View Post
No. Cops doing that open themselves to lawsuits like in the link I posted about those NM cops. And furthermore, the police here had no legitimate reason for even considering the people "suspects."

Not doing that put's them at risk.

I side with the cops on this one. We don't know what was said, or how it was said from either side.

I would say they acted in the best interest of the safety of all. (from the little information provided in the article)

I could be wrong, but the photos really don't say anything.
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Old 10-14-2009, 06:50 AM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,917,667 times
Reputation: 2519
Quote:
Originally Posted by plannine View Post
Not doing that put's them at risk.

I side with the cops on this one. We don't know what was said, or how it was said from either side.

I would say they acted in the best interest of the safety of all. (from the little information provided in the article)

I could be wrong, but the photos really don't say anything.
Should everyone stopped by the police be treated this way?

It would seem to be in the best interest of all if every traffic stop was treated like this...

So as not to put the police at risk you understand.
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Old 10-14-2009, 06:59 AM
 
Location: Michigan
5,376 posts, read 5,359,503 times
Reputation: 1633
Quote:
Originally Posted by oz in SC View Post
Should everyone stopped by the police be treated this way?

It would seem to be in the best interest of all if every traffic stop was treated like this...

So as not to put the police at risk you understand.
If they have a weapon, yes.

(no, they should just shoot them, and make up a story. less paperwork - <-- not being serious)
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Old 10-14-2009, 07:02 AM
 
Location: North Cackelacky....in the hills.
19,567 posts, read 21,917,667 times
Reputation: 2519
Quote:
Originally Posted by plannine View Post
If they have a weapon, yes.
How would the police know,isn't it better to err on the side of caution and have every traffic stop be a felony stop where the occupants are made to get on the ground and be handcuffed?

It is the best way to keep the police safe.

Haven't you seen the numerous videos of police being shot at traffic stops?
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Old 10-14-2009, 07:29 AM
 
Location: Washington DC
5,760 posts, read 8,086,537 times
Reputation: 954
Quote:
Originally Posted by arctichomesteader View Post
Maybe this sort of thuggery is normal in DC but it's totally unacceptable to most people. And there will be charges or a lawsuit.
Can't stop people from filing frivolous lawsuits, but I doubt anything will happen. No one suffered anything but inconvenience. There will certainly be no charges filed.
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Old 10-14-2009, 07:33 AM
 
Location: Michigan
5,376 posts, read 5,359,503 times
Reputation: 1633
Quote:
Originally Posted by oz in SC View Post
How would the police know,isn't it better to err on the side of caution and have every traffic stop be a felony stop where the occupants are made to get on the ground and be handcuffed?

It is the best way to keep the police safe.

Haven't you seen the numerous videos of police being shot at traffic stops?
That's why (at least when I've been stopped in my car) one officer was on each side of the car, with the one on the passenger side, his weapon was drawn. Of course, when I am at work, they are super polite and wave me on!!


But then I didn't have a visible weapon.

That's why what was said at the time and how it was said makes a difference.
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Old 10-14-2009, 07:54 AM
 
Location: The Woods
18,333 posts, read 26,579,475 times
Reputation: 11366
Quote:
Originally Posted by plannine View Post
Not doing that put's them at risk.

I side with the cops on this one. We don't know what was said, or how it was said from either side.

I would say they acted in the best interest of the safety of all. (from the little information provided in the article)

I could be wrong, but the photos really don't say anything.
Ignorance of the law is no excuse. That applies to cops, including this case. The stop itself was illegal since there was no reason to believe illegal activity was going on (the cop being ignorant that it was a legal shooting area does not justify the detention). On that alone they violated the people's rights. ANd then after they became aware of that fact they continued to hold them, attempting to trump up something to justify their illegal stop.

Furthermore, in Florida v. J.L., the SCOTUS clearly stated there is no gun exception to the protections of the BOR against illegal/unreasonable searches. Officer safety does not trump civil rights. The cops signed up for the job, they knew the risks. A cop is not allowed to just stop me and handcuff me because I have a gun. Read that case I linked to about those NM cops detaining a person open carrying a handgun. That's how the courts have been handling this sort of thing...ruling against the cops.
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Old 10-14-2009, 07:56 AM
 
Location: The Woods
18,333 posts, read 26,579,475 times
Reputation: 11366
Quote:
Originally Posted by rlchurch View Post
Can't stop people from filing frivolous lawsuits, but I doubt anything will happen. No one suffered anything but inconvenience. There will certainly be no charges filed.
Civil rights violations are not "inconveniences" and lawsuits over that are not frivolous in the least. Tell me, did you support segregation in the 60's?
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Old 10-14-2009, 08:02 AM
 
Location: Michigan
5,376 posts, read 5,359,503 times
Reputation: 1633
Quote:
Originally Posted by arctichomesteader View Post
Ignorance of the law is no excuse. That applies to cops, including this case. The stop itself was illegal since there was no reason to believe illegal activity was going on (the cop being ignorant that it was a legal shooting area does not justify the detention). On that alone they violated the people's rights. ANd then after they became aware of that fact they continued to hold them, attempting to trump up something to justify their illegal stop.

Furthermore, in Florida v. J.L., the SCOTUS clearly stated there is no gun exception to the protections of the BOR against illegal/unreasonable searches. Officer safety does not trump civil rights. The cops signed up for the job, they knew the risks. A cop is not allowed to just stop me and handcuff me because I have a gun. Read that case I linked to about those NM cops detaining a person open carrying a handgun. That's how the courts have been handling this sort of thing...ruling against the cops.
Since I don't know all the "laws" of that area, I can only go by in areas i've been in. In some places i've lived it is illegal to hunt with in a distance from a public road. Could that be the case here? I've only see mention of boundries related to the tribe and not much more.
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Old 10-14-2009, 08:05 AM
 
Location: The Woods
18,333 posts, read 26,579,475 times
Reputation: 11366
Quote:
Originally Posted by plannine View Post
Since I don't know all the "laws" of that area, I can only go by in areas i've been in. In some places i've lived it is illegal to hunt with in a distance from a public road. Could that be the case here? I've only see mention of boundries related to the tribe and not much more.
No. They hunted in a legal area. If you read the article in the first post you'd notice the state and local officials stated the hunters were entirely legal and the tribal cops were wrong...
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