Detained Over CHEESEBURGER | No Crime, No ID

The Civil Rights Laywer ^ | John H. Bryan / Civil Rights Attorney

[Fido969]

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.

Well, at this point, I think she has a "reasonable expectation" of getting a large check.

[Openurmind]

“If the cop was REALLY “following the law” he should have arrested the McDonald’s manager.”

It was his duty to explain the law to the manager and that she had every legal right to stay and have the manager correct it.

If a business short changes you and you complain about it do they have a right to have you arrested for trespass because you did not just leave without wanting them to make right?

[Fido969]

It also appears it was only after the cops arrived.

She was in the parking lot when the cops arrived. The cop should have backed off at that point. Regardless of the amount of boot-licking done for him at FR, the facts remain: (1) the lady will get a large check, and (2) the suspended cop might lose his job.

[alternatives?]

“the cops jobs were done as soon as she moved to leave.”

You only break the law if you disobey a cop? I believe she broke the law when she disobeyed the owner’s request to leave.

[JonPreston]

The "easy way" would have been for the cop to back off.

He was called to the scene by the manager of the McDonalds.

[Fido969]

If a business short changes you and you complain about it do they have a right to have you arrested for trespass because you did not just leave without wanting them to make right?

It seems many FR posters believe that management's complaint alone creates cause for citation and detainment.

[alternatives?]

“articulable suspicion that the person has committed”

The police had probable cause that she had committed the crime of trespass.

[Fido969]

He was called to the scene by the manager of the McDonalds.

Since when does a mere complaint, or being "called to the scene" create a cause for citation and detainment? Doesn't the cop have to determine by their own observation and evidence that a crime was committed?

If someone makes a complaint against you, for whatever reason, does the cop then have the right to cite you?

[JonPreston]

the lady will get a large check

Maybe she will get a large check for the next hamburger she orders, but even beyond what transpired inside the restaurant, she resisted arrest, which is very, very dopey and costly.

[AndyTheBear]

On the one hand she seemed to be resisting arrest, but I see no justification for him punching her like that unless there was some hidden knife in her hand or some such (which I doubt).

[Fido969]

I believe she broke the law when she disobeyed the owner’s request to leave.

She was leaving.

[Political Junkie Too]

A person has a 5th amendment right to not incriminate themselves, which has popularly been interpreted as "the right to remain silent." This right is inherent in everybody at all times and doesn't begin only when a police officer "reads you your rights."

Exercising one's Constitutional rights is not, in and of itself, probable cause for arrest.

-PJ

[JonPreston]

Since when does a mere complaint, or being "called to the scene" create a cause for citation and detainment?

She was disorderly. The YT lawyer & the police office mentioned trespass, so she likely was told to leave and rather than comply like a civilized person, she continued to argue. Somewhat like you.

[ExTxMarine]

It seems many FR posters believe that management's complaint alone creates cause for citation and detainment.

And a BEATING!

[Openurmind]

“I believe she broke the law when she disobeyed the owner’s request to leave.”

Read #33.

[alternatives?]

“She was leaving.”

Right after she was asked? 5 minutes later? 10 minutes later? During this time was she making a scene and interrupting business?

[Fido969]

The police had probable cause that she had committed the crime of trespass.

Explain to me how this works.

Cop: "What is the problem manager?

Manager: I asked her to leave and she didn't

Cop: But she was leaving when I got here.

Manager: Well, yes, but she didn't leave for 5 minutes after I told her to.

By leaving, she wasn't actually tresspassing when the cop got there, and was following the law.

[MeganC]

The punches are going to end up being the clincher here.

[TexasGator]

“unless you are being charged with a crime and arrested, they have no right to ID you.”

Wrong. They can detain and request ID on reasonable suspicion that you have committed a crime.

[Fido969]

During this time was she making a scene and interrupting business?

Because the management messed up her order. She is permitted some amount of irritation for that.

Cops are protecting the property, not the citizen's rights.