Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them.Pretty sad when a 25 year old student knows more about the law and constitution than someone that's supposed to uphold said constitution and law.
I am sure you could google it. Man who recorded Round Rock police sues, alleging unlawful arrestReally how's that? Seems to me the cops hate this man's constitutional rights more than he hates them.
Well I don't know what actually happened since you linked to a very biased website. I do know that the Supreme Court made very clear that videotaping the police cannot be criminalized and that many agencies have been reticent to change their policy. Still, I'd like to see it from an objective source.
The links article is a good read. It seems everything is going to hinge on the "failure to identify" charge. If he wins; he'll win big.I am sure you could google it. Man who recorded Round Rock police sues, alleging unlawful arrestReally how's that? Seems to me the cops hate this man's constitutional rights more than he hates them.
Well I don't know what actually happened since you linked to a very biased website. I do know that the Supreme Court made very clear that videotaping the police cannot be criminalized and that many agencies have been reticent to change their policy. Still, I'd like to see it from an objective source.
Really how's that? Seems to me the cops hate this man's constitutional rights more than he hates them.
uhhh, I'll charge you! With SOMETHING! OH, wait...not that thing...I'll charge you with another thing.
FTA:
According to Round Rock police internal affairs documents that Turner provided to the American-Statesman, police Lt. Golden Grant in a written reprimand said that Hernandez “detained him (Turner) illegally by handcuffing him and telling him he was only free to leave if he identified himself first.”
“Paul, it is my expectation you familiarize yourself with the Fourth Amendment rights dealing with ‘search and seizure’ and refrain from violating any subjects’ constitutionally protected rights,” Grant wrote.
snip
As the video progresses, Hernandez offers Turner an ultimatum: “You either show me an ID, or I place you in cuffs for failure to identify.”
“Do you know what failure to identify is? I have to be detained first,” Turner says.
According to Texas law, failure to identify becomes an offense if the person “intentionally refuses to give a name, residence address, or date of birth to an officer who has lawfully arrested the person and requested the information.”
Hernandez then tells Turner he is being detained for suspicious activity.
Is “being suspicious a crime?” Turner asks before being handcuffed.
FTA:
According to Round Rock police internal affairs documents that Turner provided to the American-Statesman, police Lt. Golden Grant in a written reprimand said that Hernandez “detained him (Turner) illegally by handcuffing him and telling him he was only free to leave if he identified himself first.”
“Paul, it is my expectation you familiarize yourself with the Fourth Amendment rights dealing with ‘search and seizure’ and refrain from violating any subjects’ constitutionally protected rights,” Grant wrote.
snip
As the video progresses, Hernandez offers Turner an ultimatum: “You either show me an ID, or I place you in cuffs for failure to identify.”
“Do you know what failure to identify is? I have to be detained first,” Turner says.
According to Texas law, failure to identify becomes an offense if the person “intentionally refuses to give a name, residence address, or date of birth to an officer who has lawfully arrested the person and requested the information.”
Hernandez then tells Turner he is being detained for suspicious activity.
Is “being suspicious a crime?” Turner asks before being handcuffed.
You can detain someone on the grounds of reasonable suspicion And it's perfectly legal...even if it's found in hindsight that no crime occurred. Terry vs. Ohio SCOTUS.
They can observe from a distance but they cannot harass. There's an Open Carry community in Idaho of which I'm a member and police are well advised that open carry itself does not constitute reason for a "terry stop." Police are also educated on certain known statistics, especially that crimes being committed by citizens open carrying a well holstered pistol do not commit crimes. It would be exceptionally rare. In almost every case of a violent crime being committed, the gun is not advertised, it is concealed and brought out just before the criminal activity starts.
I cannot be detained just for open carry. If I am, I'll file a complaint with the police department and it will be handled effectively because that officer will be in violation of his own agency's policy. The cops here know that OC is legal and people doing it expect not to be harassed any more than concealed carriers.
