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To: Sola Veritas; Cboldt
Cboldt: "I assume the probable cause test is subjective, so if the cop is ignorant in matters of currency, and is honestly fooled into belief he has a perp passing counterfeit currency, then he has probable cause. A belief based on a mistake, to be sure."

That is basically the point I was trying to make. The three of us will roll our eyes upon learning that he was arrested for trying to pay with legitimate currency: two-dollar bills. We will all agree that it doesn't make sense. That being said, when or if, the issue is put to a jury in Maryland, will they believe that the officer, even if mistaken, or downright stupid, has probable cause to arrest? My guess is that they will laugh their asses off in deliberations at the dope, but won't award any money. Well, maybe a couple of thousand dollars.

120 posted on 04/07/2005 3:54:37 PM PDT by Enterprise (Abortion and "euthanasia" - the twin destroyers of the Democrat Party.)
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To: Enterprise
My guess is that they will laugh their asses off in deliberations at the dope, but won't award any money. Well, maybe a couple of thousand dollars.

If the guy's lawyer is any good, he make the image of his client handcuffed in front of hundreds of people in his hometown Best Buy store and handcuffed to a pole for three hours very clear to the jury.

This isn't a case of "aw shucks. the police made a little boo boo - let's all laugh about it". They cuffed a man in front of everyone in the store for using LEGAL TENDER.

The guy should have never publicly admitted that he used to $2 bills to irritate Best Buy though.

156 posted on 04/07/2005 4:57:22 PM PDT by JeffAtlanta
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To: Enterprise
Well, maybe a couple of thousand dollars.

I hope they order it payed in cash. In $2 bills.

176 posted on 04/07/2005 6:07:03 PM PDT by Harmless Teddy Bear (Donate or the bunny is stew! Or donate and we stew the bunny. To Stew or not to stew)
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To: Enterprise

"so if the cop is ignorant in matters of currency"

Well, they always tell us plain citizens that "ignorance of the law is no excuse." I am certain that the same test, more stringently applied, will be used on a police officer.

When you arrest someone, you are depriving them of their freedom, which should not be done without a very good cause. To make matters worse, the man was publically humiliated by the actions of the store personnel and more importantly the police. He was handcuffed to a pole? In the open view of the public? You can't place a dollar amount on the reputation damages inflicted on him.

I hope he gets a good attorney and attempts to get this heard in a Federal Court. I don't go in for the ACLU's nonsense and don't want to sound like them, but in this case, this man's civil rights were violated. There just isn't any excuse for this type of behavior on the part of law enforcement. The store is especially going to be toast.

The only thing I can see that might act as a mitigating factor regarding the store & police action is that this man intentionally used 2 dollar bills to force the clerk to count out a large sum of money, and it was obvious he was angry at the store for a charge he didn't believe he owed. It could be argued that he was acting in a hostile manner and provoked an incident by his actions. I wouldn't agree with this position, but I can see how a jury might.


203 posted on 04/07/2005 11:46:54 PM PDT by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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