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In California: Arrested for doing NOTHING
Some lawyer blog ^ | 5-25-2021 | Joseph Tully

Posted on 05/25/2021 2:36:41 PM PDT by Talkwire

Now, as of March 2021 in California, police can detain anyone, anytime, anywhere based on normal, lawful behavior as long as they claim that something, anything, including an everyday, mundane act, seems “suspicious.”

The Founding Fathers were very familiar with representatives of the State (in their case, representatives of the King) interrogating and arresting colonists at will. These abuses kept free people in fear of the police, and insecure in their personal lives. The notion of a person being King of their own Castle speaks to how important personal privacy and safety were to America from the start.

The Fourth Amendment permits police to initiate a brief investigative stop when they have a specific and objective basis for suspecting the person of criminal activity. It can’t be a mere hunch. This was decided in the case Terry v. Ohio (1968) 392 U.S. 1. It defines what is now known as a “Terry Stop.”

Now, in California, any subjective excuse police fabricate can be used to justify detaining a person doing NOTHING.

Read the full article here.

https://tully-weiss.com/detained-by-police-for-doing-nothing

https://tully-weiss.com/detained-by-police-for-doing-nothing/

(Excerpt) Read more at tully-weiss.com ...


TOPICS: Government; Local News; Society
KEYWORDS:

1 posted on 05/25/2021 2:36:46 PM PDT by Talkwire
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To: Talkwire

Well, he was committing a crime, so he wasn’t doing nothing.


2 posted on 05/25/2021 2:56:14 PM PDT by Veggie Todd (Religion. It's like a History class. Without the facts. )
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To: Talkwire

“any subjective excuse police fabricate can be used to justify detaining a person doing NOTHING.”

No, it can’t. I mean, the police and California lawmakers can tell themselves that this is true, but it won’t stand the first court test.


3 posted on 05/25/2021 2:58:43 PM PDT by Boogieman
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To: Talkwire

Well to be fair (or, unfair) minded, the cops can find just about any kind of suspicion anyway. “I smelled marijuana” will work, especially in California because you can’t seem to go anywhere without smelling it. I was at a hospital the other day, parking lot of the hospital reeked of reefer.


4 posted on 05/25/2021 2:59:14 PM PDT by monkeyshine (live and let live is dead)
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To: Talkwire
Hasn't this already been ruled against by courts?

How can stop and frisk be found unconstitutional, but this isn't?

5 posted on 05/25/2021 3:00:27 PM PDT by nickcarraway
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To: Talkwire

well, they gotta do something to make up for all the bogus dog alerts during traffic stops they used to reel in all manner of criminals for the forfeiture money


6 posted on 05/25/2021 3:10:20 PM PDT by Chode (there is no fall back position, there's no rally point, there is no LZ... we're on our own. P144:1)
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To: monkeyshine
Old, old story.....

I was a Health Care student...

We did "rounds" at local Hospitals.

Went to this County Hosp...they were doing Pentanamine Tx's inhaled on AIDS patients....

I just stood there and watched....they had pot laying on the counter tops....

7 posted on 05/25/2021 3:12:16 PM PDT by Osage Orange (DRT)
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To: Talkwire

But orificer.....I found it before it was lost.


8 posted on 05/25/2021 3:15:40 PM PDT by spokeshave (White Confederate statue kills black man......Another month of protests.... (HT to seawolf101))
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To: Talkwire
Terry vs Ohio requires that the officer have reasonable suspicion ... THAT A CRIME ... has been, is being or is about to be committed by the individual being detailed.

If that happens to you, and an officer says you are being detailed, consider the following.

Officer, are you aware that in order for a detention to be lawful, you must have reasonable suspicion that I have committed, am committing or about to commit a crime? Am I still detained?

If the officer indicates that you are detained...

I do not believe that this detention is lawful. At this time I am invoking all of my rights. I do not consent to a search of my person or my property. I do not answer questions from law enforcement, agents of the state, or the press, without the presence of my attorney.

From this point on, you should only repeat the above and do so as often as you are spoken too. Note that in some states, you can be required to provide ID to the officer. In other states, you do not have to provide ID until lawfully arrested. Also, officers will attempt to trip you up by asking seemingly inocent questions. Do not talk, do not attempt to explain or clarify. ONLY repeat the above.

9 posted on 05/25/2021 3:32:52 PM PDT by taxcontrol (You are entitled to your opinion, no matter how wrong it is.)
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To: Talkwire

So just keep shoplifting amounts under $900 a day and if you’re in the mood shoot up drugs and loot a shoe store.


10 posted on 05/25/2021 3:39:36 PM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: monkeyshine

Yes, but in California, marijuana is legal, so just smelling it is not sufficient to provide reasonable suspicion of a crime.


11 posted on 05/25/2021 4:48:07 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative

I think smoking it while driving is illegal. Smoking in public is also, I think, illegal. Driving under the influence of it, I think also illegal. Possession is not. Consumption in private residence is not.


12 posted on 05/25/2021 4:57:21 PM PDT by monkeyshine (live and let live is dead)
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To: Talkwire

I never have any problems with cops since I stopped drinking.


13 posted on 05/25/2021 6:35:57 PM PDT by olepap
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To: Veggie Todd

It is irrelevant if someone is committing a crime. The only relevanc is if law enforcement has probable cause that a person is committing a crime.

The Founding Fathers made sure to hamstring police against fishing expeditions and witch hunts. They had been subject to enough tyranny where police stopped people for no reason or searched their homes for no reason. I am sure we could find tons more cime being committed if we let police go down every street and just break in doors and search houses at randon.

That is not allowed by the US constituion. Bending over and tying your shoe, which is the “suspicious activity” this guy was stopped by police for doing, is not probable cause or reasonable suspicion.

I watched a lot of Live PD before it was cancelled by the woke crowd. It always sickened me when the cops stopped some guy just standing around or sitting in a parked car and called it “suspicious activitiy”. I have spent hours and hours just sitting in a car listening to radio, just to get out of the house. If that is suspicious activity, then nobody is safe from unreasonable search and seizure.

It doesn’t matter if someone is committing a crime. It only matters if the police reasonably suspect a person of committing a crime.

You would think this would be obvious after the Mueller Report and the entire Russia Collusion witch hunt, whicn amounts to the same thing. Law Enforcement illegally searched the US President with zero evidence amounting to reasonable suspicion.

The rest of us should be equally free from that kind of abuse.


14 posted on 05/26/2021 2:38:50 AM PDT by Freedom_Is_Not_Free (America -- July 4, 1776 to November 3, 2020 -- R.I.P.)
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