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To: FreeTally
Can we agree that per neighbors reports, these kids were a nuisance, and posed a danger by street racing, and that law enforcement has a right to disperse the crowd(although arresting them was the wrong thing)?

We can agree that the neighbors believed they were a nuisance, and if I lived next door to that parking lot I know that I would certainly feel that way. But I don't agree that they were an illegal nuisance because they weren't doing anything illegal under Texas law.

They were not street racing in that parking lot. The allegation is that some of those same kids were probably meeting there and going someplace else to race. I don't know if that's true or not, but let's assume it's true. So what? It's the someplace else where street racing was happening.

The police do not have a right to disperse a crowd on private property unless that crowd is engaged in illegal behavior or activities. As I have tried to explain to you several times, the police cannot arrest, or even cite, someone for trespass on a parking lot until the property owner has asked the people to leave and the people refuse. You refuse to accept that as an answer because you believe the police ought to have that right.

But they don't. The law doesn't give them that right.

117 posted on 08/22/2002 1:15:59 PM PDT by Dog Gone
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To: Dog Gone
The police do not have a right to disperse a crowd on private property unless that crowd is engaged in illegal behavior or activities.

And this is where "common sense" replaces "just following orders". A cop sees 400+ people, some of which appear to be younger than 18, thus breaking curfew(crime). Simply at this point, the police would have every right to approach the crowd, and make sure those who look under 18 aren't. Secondly, using common sense, police know(given the complaints fron neighbors) that a crowd of 400+ congregated on private property that they do not own, after dark, were not invited. The neighbors complaint said the people raced in the lot, and up and down the main street that the K-Mart fronted on. Using common sense, everyone, including dumb cops, know the crowd a)was not suposed to be there and b)was congregating for the purpose of committing other, unlawful acts. This is more than enough LEGAL reason to disperse the crowd.

118 posted on 08/22/2002 1:27:28 PM PDT by FreeTally
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To: Dog Gone
But I don't agree that they were an illegal nuisance because they weren't doing anything illegal under Texas law.

Um, most counties and municipalities have laws against "nuisances" such as noise after dark. I bet if we looked at a full list of State, city and county laws, we could find several that were being violated.

119 posted on 08/22/2002 1:29:39 PM PDT by FreeTally
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