Posted on 01/23/2023 8:31:26 AM PST by MeganC
Text for video from this link: https://thecivilrightslawyer.com/2023/01/22/detained-arrested-and-beaten-over-cheeseburger-dispute/
Detained, Arrested and Beaten Over Cheeseburger Dispute Posted on January 22, 2023 It’s happened yet again – this time in Ohio – where police arrive to a trespassing complaint at a business (this time at a McDonald’s) and instead of allowing the person to leave the business, they instead detain and forcibly ID the individual. Do police officers have the right to detain someone under these circumstances? More importantly, do they have NEED to do so?
From the Dayton Daily News:
An incident that led to an officer hitting a woman multiple times Monday began as a dispute over missing cheese on a Big Mac. Butler Twp. Sgt. Todd Stanley and Off. Tim Zellers responded at 4:20 p.m. to a call about a disorderly customer at the McDonald’s at 3411 York Commons Blvd., and on arrival, officers spoke to Latinka Hancock, according to a police report.
When the woman refused to provide her ID, the officers engaged in a brutal and violent use of force against her, which one customer inside the McDonald’s caught on video:
https://www.facebook.com/watch/?v=691942075763580
Following the release of the footage to the public, the officer has been placed on leave, pending internal investigation.
That's why we have judges, my dear. That would be his call, not yours.
Do I have an obligation to HAVE an ID on me, if I'm not driving a motor vehicle? I don't think so.
“And per that law she was in the act of leaving as requested and as notified and the offense of criminal trespass therefore did not occur.”
Bingo, absolutely right on the money. the cops jobs were done as soon as she moved to leave.
“Comply with a lawful request”
Think about what you just wrote.
If it’s a request, you don’t have to comply. If you do it’s called a demand or order.
ok, think this through...
told to leave
does not leave
cops called
cops take 20 minutes to show up these days in Ohio
woman still there
criminal trespass \ citation \ arrest
resist\refuse ID
arrested and forcibly detained
i keep telling people, it doesn’t matter what your rights are when faced with force or a gun. Just do what you are told so that you live through the event. After its over call a lawyer and sue them if your rights have been infringed. You might end up wealthy but at a bare minimum you’ll still be alive.
99.999999% of the time, cops do not shoot people who comply with their orders, so you have a significantly good chance of being angry but alive.
Stop and ID applies in Ohio only when the police have an articulable suspicion that the person has committed, is committing, or is about to commit a crime.
The woman in this case was leaving when she was asked to leave. No Ohio crime was committed so the demand for ID was invalid.
However, had to cop waited for her to drive off the private property he could have conducted a traffic stop for whatever reason and then had better grounds for demanding ID.
Kinda like the IRS when they ask that you contribute your fair share.
I guess it’s a good thing I’m not a cop. For many reasons, including the fact that I don’t have the right temperament, and would have a hard time being patient with people, but if someone refuses to show me an ID, I would instantly become suspicious of that person.
So I’m guessing that that wouldn’t be considered ‘reasonable cause’ for suspicion.
What "lawful request"? She was ask to leave, and she was leaving (only to be prevented from exiting the property by the cop).
There was no reasonable cause - and no law broken. You aren't tresspassing if you leave when asked to.
Taking it another step further - if you don't let the police come into your house and search it - if you have nothing to hide, then you wouldn't have a problem with that.
Refusing to let your house, car or person be searched is cause for suspicion, and requires the cop to take action.
“That’s why we have judges, my dear. That would be his call, not yours.”
And after he’s fired he’ll likely face a judge for assaulting the woman and maybe even pick up a civil rights violation while he’s at it. Some time in a Federal prison will do him some good.
Did you actually listen to the YouTube? The lawyer & the police officer both indicated she refused to leave when requested and that was disorderly therein. The 'tube shows her combative nature. There was a very easy way out of this and she chose to be dopey.
Next case.
Ohio law:
“Failure to Deliver/Substitutions
Under the Consumer Sales Practices Act, a seller may not advertise prompt delivery of goods or services unless the seller actually takes reasonable steps to ensure prompt delivery (Ohio Administrative Code 109:4-3-09).
Failure to Deliver
It is deceptive for a seller to accept money from a consumer and allow eight weeks to pass without:
Delivering the goods or services;
Providing a full refund;
Telling the consumer about the delay and offering to send a refund within two weeks, if the consumer requests it; or
Substituting similar goods or services of equal or greater value, if the consumer agrees.
Substitutions of “Equal or Greater Value”
To be considered “equal or greater value,” the substituted goods or services must be substantially similar to the original goods or services. They also must be made for the same purposes and cannot have a lower normal price than the original goods or services.
Sellers may not provide similar goods of equal or greater value when they had no intention to ship, deliver, or install the original goods ordered.”
she had every legal right to stay and ask for the product to be made right. She was legally right, the business was not. Therefore the officers were also not.
The lady articulated that she was denied the lawful service that she requested by the restaurant.
The cop should have gone into the restaurant and arrested the manager for refusing to do his job as a food service provider. The woman's complaint should have been enough to instigate the arrest.
Besides her rights as a consumer in Ohio. Read #33.
If the cop was REALLY "following the law" he should have arrested the McDonald's manager.
You like judges, right? So what the cops gets to judge is what he sees when he arrives at the scene and what he sees is someone leaving who was asked to leave.
That’s all.
My understanding is that you have a reasonable expectation of privacy in your home or in your car. You don’t have a the right to privacy if you are out in public, particularly if you are involved in any incident with others.
The "easy way" would have been for the cop to back off.
Now she will be on "easy street" while the cop does some "easy time" in the unemployment line.
Next case.
“She was ask to leave, and she was leaving”
How long after she was asked, before she started leaving? It also appears it was only after the cops arrived.
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