Racism is definitely not alive and well

[skinnay 0]

I'm pretty sure a real lawyer would have other things to say about the video. Hopefully they will chime in..

[Kennedy 0]

I'm completely sure you have no idea how the judicial system actually works. I've personally seen cases like this one in district court, and they generally plea guilty. When they don't, they're found guilty at trial.

At the very least I'm glad you gave up on the BS racism claim.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[skinnay 0]

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I'm completely sure you have no idea how the judicial system actually works. I've personally seen cases like this one in district court, and they generally plea guilty. When they don't, they're found guilty at trial.

At the very least I'm glad you gave up on the BS racism claim.

So what you're saying is you're not a lawyer?

[Kennedy 0]

I'm not a hippopotamus.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[Andy9o8 0]

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I'm not a hippopotamus.

http://www.youtube.com/watch?v=PZpUT4C_gHY

[Skyrad 0]

When an author is too meticulous about his style, you may presume that his mind is frivolous and his content flimsy.
Lucius Annaeus Seneca

[regulator 0]

I saw the video before skinnay posted it and I thought that supposed cop was out of line. He wasnt in uniform and even though there could have been alcohol in the tea drink...what he did wasnt necessary.

[jclalor 12]

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I'm completely sure you have no idea how the judicial system actually works.

How does that work when this person is not in uniform and does not present a badge and then assaults a law abiding person?

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[regulator 0]

Reese Witherspoon Arrest/Iced Tea Arrest

http://www.break.com/article/reese-witherspoons-arrest-vid-a-tale-of-2-arrests-2440000/

[Kennedy 0]

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I saw the video before skinnay posted it and I thought that supposed cop was out of line. He wasnt in uniform and even though there could have been alcohol in the tea drink...what he did wasnt necessary.

That wasn't some local off duty cop wandering into the scene. This was an ALE officer, or another NC LEO contracted to the ABC to act as ALE. They are hired specifically to enforce ABC law. ALE always works plain clothes, and I think during the video after being questioned, flashes a badge on his belt.

I'm not going to argue t hat the officer couldn't have done better. I think he could have done better. However, I didn't see anything illegal or likely to be against rules and regs. It could've been done better, but since we don't require perfection, the officer is in the clear.

Also, lets not forget the guy who ended up being arrested was loitering in the parking lot (that even though you can't see it, is posted). That means he was trespassing. He was given the chance to leave and didn't. Congratulations, you're going to jail for trespassing.

Finally, when an officer tells you you're under arrest, you really can't win by resisting, even if he is wrong. That just brings more charges and the possibility of injury. When the suspect pulls away, taking him to the ground is standard procedure. Go on a ride along with your local PD. you can learn a lot about how policing and the non-lawyer side of court goes.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[Kennedy 0]

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I'm completely sure you have no idea how the judicial system actually works.

How does that work when this person is not in uniform and does not present a badge and then assaults a law abiding person?

Many LEOs work plain clothes details. All NC ALE work plain clothes. Their uniform is pretty much a state polo, 5.11 cargos, and duty gear on the belt. When not trying to broadcast their presence, they use a button up short sleeve. Like I said above, I'm fairly sure he flashed a badge on his belt by moving his shirt. It's not clear on video that he did, but it's definitely not conclusive that he didn't flash a badge.

Finally, he didn't assault the guy. He arrested him. Look into NCGS 15A 401.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[jclalor 12]

The "LEO" does not show a badge when he first confronts the man and try's to grab the can.

If a black undercover officer did the same thing to a white customer, I bet the blowback would be a lot different. It seems there's many people that think the cops are all a bunch of nazis when it comes to enforcing gun laws,but never see anything wrong with police when it comes to racial profiling.

[Andy9o8 0]

Sound like a great big grey area. Time for the lawyers!

[Kennedy 0]

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The "LEO" does not show a badge when he first confronts the man and try's to grab the can.

(A) You can't see his approach or actions during the start of the interaction. The video is on the with the iced tea, loitering, who is later arrested. (herein after referred to as "X")
(B) The officer does not attempt to grab the can. He reaches towards X and tells him to hand it over

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If a black undercover officer did the same thing to a white customer, I bet the blowback would be a lot different.

Congratulations, you appear to enjoy making stupid wagers and accusing others of racism.

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It seems there's many people that think the cops are all a bunch of nazis when it comes to enforcing gun laws,but never see anything wrong with police when it comes to racial profiling.

Ooh, "many". What a nice way to imply a huge number or even majority without having to support it. I've for news for you: many people think 9/11 was an inside job. Many people think they've been abducted and probed. Many people are complete fucking idiots and are irrelevant to this discussion. Most people don't hate cops or think they're nazis, even most gun owners. They do tend to worry more about crazy politicians who want absolute power, and the occasional federal agency or massive police agency that thinks its fun to trounce on their target of the day, civil rights and standing laws be damned.

Are you a racist? Why is everything about race to you?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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[mistercwood 287]

I don't think it's about race, necessarily. I do think the cop is a power-hungry asshole from the get-go - there's no attempt to be diplomatic, he goes straight for the power play. Dick move, if you ask me... (which you may feel free not to ask... )

You are playing chicken with a planet - you can't dodge and planets don't blink. Act accordingly.

[Kennedy 0]

It may be a "dick move". However, some here have claimed it was racially motivated and illegal. Oddly enough they have yet to produce any evidence or support for that, other than their failing to understand the law and projecting their own feelings.

Like I said before, the officer could have done things better, but we do not require perfection and there is no evidence of illegal actions or racial motivation/prejudice.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Bignugget 0]

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I saw the video before skinnay posted it and I thought that supposed cop was out of line. He wasnt in uniform and even though there could have been alcohol in the tea drink...what he did wasnt necessary.

There could be alcohol in any drink.....that does not give some asshole plain clothes cop the right to go up and demand your wife hands over her mc donalds iced tea so he can pour it out.....does it?

Of course the problem is the asshole has a gun and could easily murder those 2 black guys and get away with it. So they are forced to choose between some civil rights violations or getting killed.

[Bignugget 0]

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It may be a "dick move". However, some here have claimed it was racially motivated and illegal. Oddly enough they have yet to produce any evidence or support for that, other than their failing to understand the law and projecting their own feelings.

Like I said before, the officer could have done things better, but we do not require perfection and there is no evidence of illegal actions or racial motivation/prejudice.

You think your mom gets treated that way by that cop?

Honestly?

[Bignugget 0]

I know you are a lawyer, curious if you can shed light on a question....

When the cop decides to arrest him, he knows he can't arrest him for drinking alcohol since hes already seen the can.

So he starts talking about trespassing, obviously something he can arrest on.

My question is, can police independently determine trespassing without the property/business owner saying the person is in fact unwelcome?

For instance can police come up to my mom and demand she leave 'fabrics and things' parking lot for trespassing, while my aunt owns the store and obviously wouldn't want my mom trespassed off the property?

Any insight?

[jclalor 12]

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(B) The officer does not attempt to grab the can. He reaches towards X and tells him to hand it over

0:45 second mark.

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If a black undercover officer did the same thing to a white customer, I bet the blowback would be a lot different.

Congratulations, you appear to enjoy making stupid wagers and accusing others of racism.

That's a historical fact, you believe white males and black males are treated equally when interacting with police?

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Ooh, "many". What a nice way to imply a huge number or even majority without having to support it. I've for news for you: many people think 9/11 was an inside job. Many people think they've been abducted and probed. Many people are complete fucking idiots and are irrelevant to this discussion. Most people don't hate cops or think they're nazis, even most gun owners. They do tend to worry more about crazy politicians who want absolute power, and the occasional federal agency or massive police agency that thinks its fun to trounce on their target of the day, civil rights and standing laws be damned.

I will concede the term Nazi was a poor choice of words, using the word Nazi always cheapens the deate, but a large group would agree with Wayne Lapierre's statement about the over reach of "Jack booted thugs" I wonder who he was comparing the LEO's to?

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Are you a racist? Why is everything about race to you?

[Gravitymaster 0]

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It may be a "dick move". However, some here have claimed it was racially motivated and illegal. Oddly enough they have yet to produce any evidence or support for that, other than their failing to understand the law and projecting their own feelings.

Like I said before, the officer could have done things better, but we do not require perfection and there is no evidence of illegal actions or racial motivation/prejudice.

You think your mom gets treated that way by that cop?

Honestly?

You think a pretty young girl gets treated the same way as a crusty old biker?

That perfect world you want will never exist.

[popsjumper 2]

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Sound like a great big grey area. Time for the lawyers!

You are salivating, aren't you?

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[Andy9o8 0]

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can police independently determine trespassing without the property/business owner saying the person is in fact unwelcome?

From a probable cause standpoint (i.e., right then and there at the scene), you have to take it on a case by case basis. The officer looks at the totality of the specific circumstances.
Something like a posted no-trespass sign would be one example that would seem to fill the bill. (There could be lots of other examples, too, but I'm trying to be concise.)

But that's only at the arrest phase. Then the state has to make the charges stick in court. In most states, in order for trespass charges to stick in court, the premises owner (or occupying tenant) has to testify to the defendant's non-permission to be or remain there.

That's it in simplified form.

[swisschris62 0]

I think the trespass laws also work a little different at a state run store such as this. Not only can the property owner have you arrested but the state has jurisdiction also.
From the looks of things in this video, if this cop chose to be a racist then it appears he could act out his racist desires all day long. He was wanting to see if there wasn't something else ( alcohol ) mixed into that can. Maybe in this case there wasn't...
Loitering could be a major problem ( would it surprise you) and he's coming out to break it up before it ever gets started.

[Bignugget 0]

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can police independently determine trespassing without the property/business owner saying the person is in fact unwelcome?

From a probable cause standpoint (i.e., right then and there at the scene), you have to take it on a case by case basis. The officer looks at the totality of the specific circumstances.
Something like a posted no-trespass sign would be one example that would seem to fill the bill. (There could be lots of other examples, too, but I'm trying to be concise.)

But that's only at the arrest phase. Then the state has to make the charges stick in court. In most states, in order for trespass charges to stick in court, the premises owner (or occupying tenant) has to testify to the defendant's non-permission to be or remain there.

That's it in simplified form.

Thanks, always best to keep it simple for a guy with a My Little Pony avatar.