Results 1 to 10 of 69
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01-16-2021, 04:08 PM #1UnregisteredGuest
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01-16-2021, 04:50 PM #2UnregisteredGuest
I’ll best your ass if you talk to a woman like that in front of me. Useless piece of garbage
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01-16-2021, 05:36 PM #3UnregisteredGuest
Where’s the violation of rights? They read Miranda and the person obviously didn’t dispel the concern for the safety of the community. Since the person clearly stated he’s video taping a building. Who in their right mind video tapes a building and police cars. I assume he was arrested for L&P. Great job officers!
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01-16-2021, 06:19 PM #4UnregisteredGuest
LOL 🤣🤣🤣
Here’s another perfect example of an idiot who thinks he can outsmart the cops! Hey Megamind, I hope the royalties from your video covered your bail!
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01-16-2021, 07:08 PM #5UnregisteredGuest
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01-16-2021, 07:59 PM #6UnregisteredGuest
Nolle Pros guaranteed.
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01-16-2021, 08:21 PM #7UnregisteredGuest
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01-16-2021, 08:34 PM #8
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01-16-2021, 08:35 PM #9UnregisteredGuest
Typical Agent Provocateur(AP) behavior! In Hiibel v. Sixth Judicial District Court of Nevada [The US Supreme Court rejected Hiibel's argument in affirming the conviction]. According to Hiibel, suspects have to give officers their names when asked, but beyond that, there is not a requirement to divulge any more information.
Under the existing circumstance observed by the officers in question, L&P seems a very logical charge to levy against this AP; a critical excerpt from Section FSS 856.021 is this: "2) Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person . . . refuses to identify himself or herself. . . "
However, FSS 856.021 commands the following: "Unless flight by the person or other circumstance makes it impracticable, a law enforcement officer SHALL, before any arrest for an offense under this section, allow the person to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct." Not cited in FSS 856.021 is the Florida Supreme Court decision in State of Florida v Ecker, 311 So. 2d 104 (1975) Critical excerpt from Ecker is this: "Clearly, an accused cannot be compelled to explain his presence and conduct without first being properly advised under Miranda standards." Does the record show the officers advised the AP of his Miranda Rights? When the subject's response is logical, no arrest should be made. When not, coupled with a refusal to identify self and after Miranda, provide a logical explanation, by refusing to answer, arrest for L&P, according to FSS 856.021, is logical as well.
Given the tumultuous conditions we are witnessing these days, where police vehicles and other governmental vehicles have been set ablaze, it is logical for officers to be alarmed by a person filming a CLOSED FOR BUSINESS public building due to the current COVID virus threat; particularly the building's rear parking area, where public service vehicles were parked. What the subject may allege was innocuous filming of a public building and its parked vehicles could also be construed by cautious responding police officers, given the social uncertainties of the moment, as reconnoitering and filming a soft target, government building, and its parked vehicles. Farfetched? No! On December 25, 2020, Anthony Quinn Warner detonated a recreational vehicle (RV) bomb in downtown Nashville, Tennessee. Doubtless, Warner did his own reconnaissance before perpetrating his dastardly deed.
Absent the arresting officers' O/I Report, A-Form, and access to their BWC film, based on what is shown in https://youtu.be/XRaBu5gL3Eg, the officers investigated and applied FSS 856.21 according to the Section's Intent, Letter and Spirit. How the SAO handles the case is another matter. Good Luck!
Hiibel: https://www.law.cornell.edu/supct/html/03-5554.ZO.html
http://www.leg.state.fl.us/statutes/.../0856.021.html
Ecker: https://law.justia.com/cases/florida...5/44348-0.html
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01-16-2021, 08:45 PM #10UnregisteredGuest
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