Posted on 05/21/2009 10:28:11 AM PDT by abb
Jason Talley and his two traveling companions had no plans of making a stop in Jones County when they were arrested by Jones County Sheriff deputies on May 14. Now Talley and his friends are going to make a planned trip to the area. This time, Talley and other crew members of motorhomediaries.com, are coming to the area to film a documentary. No date has been set for the week-long visit.
“We have been traveling now for six weeks,” Talley said in a phone interview. “We have 60 videos on YouTube that documents our experiences.
“It’s ironic to have these type of problems (like those encountered in Jones County) in our search for freedom in America,” added Talley. “We want to come back and talk to people who may have complaints with the police department and to do some charity work in the area.” Talley, Peter Eyre and Adam Mueller were arrested on I-59 while heading to Meridian for a breakfast meeting with Libertarian Party of Mississippi Chairman Danny Bedwell.
“I had been following their journey,” said Bedwell, who resides in Columbus. “They left Washington six weeks ago, went to Louisiana and stopped in New Orleans for the night. We made contact and they told me they were on their way to Nashville to pick up a friend who would travel with them.
“I asked them to meet me in Meridian because I wanted to make a donation to their cause,” continued Bedwell. “They never did show up.”
The three travel across the country in a recreational vehicle, making stops along the way to interview individuals and groups from diverse backgrounds who share their passion for liberty and justice in America. “I believe we were arrested in Jones County because we were filming what was happening to us,” said Talley. However, Jones County Sheriff Alex Hodge said during the traffic stop, deputies gave the three “numerous opportunities to identify themselves but they refused.” According to Talley, who was awakened from his sleep by all of the commotion, Eyre, who was driving the vehicle, complied and provided the information requested by the officers.
“Pete showed his driver’s license and registration,” Talley said. “Adam didn’t have a chance to get any information because he was doing the filming and they arrested him.”
Talley admits to being defiant, mainly because he “was just a passenger.” He said when the deputy asked him to step from the vehicle, he didn’t have any information because he had been sleeping.
Talley also stated that officers stopped their vehicle because it had a “paper tag on it.” But when they checked everything out and found everything was legitimate, instead of letting them go on their way, they continued to press Talley for some type of identification. Once again he refused.
Then came an event Talley will never forget. “The officer placed a choke hold on me and I couldn’t breathe,” he said. “What you basically had was an out-of-control sheriff’s department.”
When all was said and done, Talley, 34, was arrested for disorderly conduct and disobeying a police officer, Eyre, 28, was arrested for possession of beer in a dry county and an unknown offense and Mueller, 26, was arrested for disorderly conduct and disobeying a police officer.
“They wanted to find some reason to justify their actions,” said Talley. “They had no grounds to arrest us.”
He added that a deputy found a sealed can of beer in the refrigerator of the vehicle as they did a search. They decided to charge Eyre for possession and Eyre doesn’t even drink, he said.
“I guess the message to anyone whose driving through Jones County is to stop and throw out all of the beer or liquor you may have in your vehicle, even if its unopened,” said Talley. “You’re driving through a dry county.”
Talley added the trio made bail from donations that were sent in from around the country. They were also able to get their vehicle out of pound. Unfortunately, however, he said that when they checked their video camera, that was left in the vehicle, the footage had been deleted. “We believe someone from the Sheriff’s Department is responsible,” he said. “That was a major injustice.” Hodge has said that he is “proud of our Deputies handling of this traffic stop. I have demonstrated my willingness to admit when we are wrong. However, in this case they handled themselves in a proper and professional manner.”
Talley said the trio is weighing its options. A number of lawyers have contacted them and he is not ruling out the possibility of a lawsuit. In the meantime, he hopes Jones County residents or others who may have complaints against the Jones County Sheriff’s Department will contact him. They can visit www.motorhomediaries.com and click on the e-mail link to contact the crew. “We would love to hear from people who have stories they want to share,” said Talley. “We know there are some good people in Jones County, but I’m afraid this story got out and showed the bad side.
“We also know that there may be others who have experiences similar to ours,” he added. “Things won’t change if people are afraid to take a stand against injustice.”
Well, no, it’s apparent. It’s a “holding” of what counsel believes to be true. An important distinction.
Actually, that is the wording of the decision.
http://www.oyez.org/cases/2000-2009/2006/2006_06_8120
Brendlin v. California
In a unanimous opinion written by Justice David Souter, the Court held that when a vehicle is stopped at a traffic stop, the passenger as well as the driver is seized within the meaning of the Fourth Amendment. The justices said, “We resolve this question by asking whether a reasonable person in Brendlin’s position when the car stopped would have believed himself free to ‘terminate the encounter’ between the police and himself.” The Court held that Brendlin would have reasonably believed himself to be intentionally detained and subject to the authority of the police. Thus, he was justified in asserting his Fourth Amendment protection against unreasonable seizure. The Court noted that its ruling would not extend to more incidental restrictions on freedom of movement, such as when motorists are forced to slow down or stop because other vehicles are being detained. To accept the state’s arguments, however, would be to “invite police officers to stop cars with passengers regardless of probable cause or reasonable suspicion of anything illegal.”
http://books.google.com/books?id=DlURqtC7vPQC
The Free State of Jones: Mississippi’s Longest Civil War
By Victoria E. Bynum
Edition: illustrated
Published by UNC Press, 2003
ISBN 0807854670, 9780807854679
336 pages
A related thread just posted.
http://www.freerepublic.com/focus/f-news/2256179/posts
ACTUAL FOOTAGE Pastor Beaten & Tased by Border Patrol & DPS
I was on that street last month.
I really did do a double take when I saw the name!
Google it or see post 23
Your link doesn’t work for me, but I am to understand that this is *your* evidence and not the lawyers for these men? If so, then, please, don’t waste my time....
Oh! I'm sorry! I must have forced you to click on this thread and comment. Next time I do that, just ignore me.
Until the time it doesn't work. You have been lucky. More lucky than you deserve.
The people that pull these sort of shenanigans with he cops are kind of like people who go into a restaurant with the purpose of finding fault so they can get a free meal.
The job of police officer is apparently too difficult for most police officers. I guess that is why they act like douche bags so often. Then again, it could be that the profession of police officer tends to attract people with douche bag personalities?
Exactly! Just like that bastard James Madison.
http://www.usconstitution.net/const.html
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Wrong! Your post # 36 was to me (see above) and it's your first post on this thread. You're not a traffic cop, are you?
That's only because you posted the article. It doesn't mean I was addressing you personally, especially since I quoted directly from the article itself.
Obviously you're too dense to understand that.
You're not a traffic cop, are you?
No, I'm not.
You missed your calling - you would fit right in with the rest of them.
I missed my calling as a State Trooper, because that's what I wanted to do when I got out of the service. Just wasn't in the cards for me.
You and I see this differently. If you mouth-off to the cops, or belligerently refuse to follow reasonable orders, then you're asking for trouble and you get no quarter of sympathy from me. You and others are free to disagree with me, but as someone up-thread already pointed out, I'll bet the responses on this thread would be much different if these men were Muslim, or even illegal aliens. My position however, wouldn't change, so you tell me who has the more conservative, and reasoned, opinion here...
And isn’t what this debate is all about, then? What is “reasonable.”
I side with the original intent of the Fourth Amendment which is that citizens by divine right should be able to go about their everyday business unencumbered by interference from government at all levels. To me, the terms are non-negotiable under any circumstances. It was part of why our ancestors fought the Revolutionary War.
I understand all about the drug smuggling issue, illegal aliens at the border, etc, etc. But history has shown us time and again that government never ceases trying to seize rights and property from its citizens. There are times that a stand must be taken and in this case these three men have decided to do it.
I applaud them.
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