Results 1 to 7 of 7
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09-10-2017, 08:43 PM #1UnregisteredGuest
Sheriff Rick Wells: Hurricane-curfew violators will be arrested on-sight
Originally Posted by “Dale White”
http://www.heraldtribune.com/news/20...00-at-shelters
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09-10-2017, 09:33 PM #2UnregisteredGuest
Exactly what is the state statute or ordinance that Rick Wells is referring to? An elected sheriff does not have the authority to create a curfew. Only legislators can create laws and only commissioners can create ordinances.
The Supreme Court has already ruled on what constitutes legal curfews. We don't need a renegade sheriff to arbitrarily create laws. He can only enforce preexisting laws. Again, exactly what is the state statute or ordinance that Wells is referring to?
We are a nation of rules and laws - not dictators.
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09-10-2017, 09:53 PM #3UnregisteredGuest
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09-10-2017, 11:02 PM #4UnregisteredGuest
Adults can lose their civil rights in a couple of different ways:
- A convicted felon or misdemeanant can be placed on curfew during their probation.
- The U.S. president can declare martial law for a region (or a nation) during an emergency.
- State legislators and city/county commissioners can create a curfew law or ordinance that is only to be implemented in exigent circumstances.
However, it is illegal for an elected sheriff or appointed police chief to create and then implement a curfew law – or to use any other law (such as obstruction) under the color of curfew authority.
It is illegal for Sheriff Rick Wells to:
- block public roads and sidewalks with deputies
- or conduct vehicle or pedestrian stops of the same
- for the purpose of demanding two (2) forms of ID
- of any pedestrians or motorists
- who are traveling on public sidewalks or roadways
- to their home or to any other destination.
However, if the U.S. president declares Marshal Law, then Sheriff Wells can usurp the suspended Constitutional rights of pedestrians and motorists. At this juncture, Sheriff Wells threat is illegal and unConstitutional. Ask any attorney!
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09-15-2017, 03:04 AM #5UnregisteredGuest
Yes he can
During a state of emergency, a sheriff has the authority to enact a curfew for the protection of citizens. He's well within his right and if you felt so strongly about it, you should've just violated the curfew.
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09-18-2017, 12:54 AM #6UnregisteredGuest
Hogwash.
Please provide the Florida state statute or Manatee County ordinance that provides Charlie Wells Jr. with the authority to enact a curfew. You won't because you can't.
Everybody was "out and about" because there was no legal curfew to violate. That's why nobody was arrested for a "curfew violation." You won't find one affidavit titled as a "curfew violation." Nope, not one. LOL
A sheriff can't arbitrarily decide that there is a curfew without a state statute or county ordinance.
Obstruction (843.02) cannot be used as a principle charge i.e. there must be an underlying criminal charge.
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09-25-2017, 02:00 PM #7UnregisteredGuest
Charlie Wells Jr. might issue backwoods backwards illegal curfew orders, but it does NOT mean that deputies will make illegal arrests for his illegal curfew orders. The days of hiring uneducated applicants as deputies ended a long time ago. This is the 21st Century.
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