Quote:
Originally Posted by Strange Famous
Many people seem to gloss over the part of this which strikes me as incredible.... the guy was carrying a metal IN HIS OWN FRONT YARD WHILE WORKING ON HIS CAR.
I am sorry to stress this overly, but HE WAS ARMED, IN HIS OWN FRONT YARD, WHILE WORKING ON HIS CAR.
|
SF, yet again, even though you 'stress it', it is irrelevant. Here in the USA, we have a RIGHT to bear arms, especially on ones own property. I realize that the culture of rights and firearms between our countries is nearly opposite, but you have to get over your preconceived notions of what is and isn't acceptable to appreciate what authority police have and have not available to them.
Quote:
Originally Posted by Strange Famous
When the police came along he obviously says to them "yes, Ive got a metal on me" and shows them the piece... it isnt unreasonable for them to restrain him. Then he starts filming them etc, I mean, either the guy is very naive, as in childish, or he is willfully trying to provoke them.
I dont expect its illegal to go up to a police and say "youre a god damned coward and you dont have the guts to take out your truncheon and hit we with the balls with it, I guarantee it" - but it wouldnt be very sensible would it? And if he did hit you in the nuts it would be a crime, but you damn well know there's no point complaining about it.
There's such a thing as common sense in this world, and if you go out of your way to antagonise police (ie - start filming them, demand that they give your metal back and acting aggressively) you can expect them to make things miserable for you. The guy went out of his way to wind up the coppers and acted in an aggressive and obnoxious way - so he had a hard time. Thats the facts of life, isnt it?
|
Everything you spoke about here, again, is irrelevant. If society is to function correctly and there is to be an authorized police force to take action against individuals who break laws, there can be no such thing as 'common sense' to guide law enforcement. If you do utilize such a measure, than there is no way to determine just when or how laws are to be abided by or conduct to be measured. There is a very solid and inviolable line between citizen rights and law enforcement authority and not only do we have the right to bear arms (especially on our own property) but police have no authority to interfere with that right in any way, shape, or form unless a law has clearly been violated. We have very clear cut supreme court precedent that says carrying a firearm is a completely legal act and is in no way to be used as suspicion of a crime. Now, we do have what is called a 'terry search', in which a police officer may pat down a suspect for any weapons (for officer safety) only during the detainment period. This terry stop would only apply in so far as them detaining this individual on suspicion of a crime or for the duration of police interaction, which MIGHT apply in the first part of the confrontation.
We also have supreme court precedent that clearly states that videotaping the police in public service incidents is completely legal because there is absolutely no expectation of privacy for public servants operating in the course of their assigned duties, so ordering to stop recording or turn over video recording devices is completely outside of the authority of law enforcement.
Now, with that in mind, is it possible for you to have any other objective opinion about the violations of the 4th amendment or are you still stuck on your own personal opinion about what should and should not be done according to your own personal ideals?