I'm guessing this had a lot to do with the patch.
#32
Same as it ever was... face it, this country is going down the tubes faster than a snake in a drain.
#33
Seems to me it is very newsworthy when people's constitutional rights are violated even if you do not like or agree with them. This chit has been going on damn near forever but it seems like since 9-11 Americans' backbones have turned to jello for the hope of safety.
Young Americans are risking and sacrificing their lives while Americans at home are cowering and readily surrendering their rights and privacy out of fear.
Celebrate Memorial Day for more than a backyard BBQ.
Rant over.
Young Americans are risking and sacrificing their lives while Americans at home are cowering and readily surrendering their rights and privacy out of fear.
Celebrate Memorial Day for more than a backyard BBQ.
Rant over.
#35
Once more I point to profiling.. I wonder what would happen if someone was to get a good lawyer? You pull over the "speeder" NOT everyone that looks like the speeder, you can not be searched because you look like a bad guy?! If you are being searched on the grounds of "association or like clothing then you are being profiled".
Profiling is not grounds for being "restrained", or "searched". The officers are making a assumption that the person or persons are dangerous. They have made this assumption based on appearance. This time it is based on clothing and mode of transportation.
If the officer or officers pulled over / detained ALL of the riders because he was unable to correctly identify which rider was speeding then the ticket would be thrown out because you have to be able to positively ID the person causing the traffic infraction. You can not enforce law on the grounds the officer "thinks you did something wrong".
Just food for thought...
Profiling is not grounds for being "restrained", or "searched". The officers are making a assumption that the person or persons are dangerous. They have made this assumption based on appearance. This time it is based on clothing and mode of transportation.
If the officer or officers pulled over / detained ALL of the riders because he was unable to correctly identify which rider was speeding then the ticket would be thrown out because you have to be able to positively ID the person causing the traffic infraction. You can not enforce law on the grounds the officer "thinks you did something wrong".
Just food for thought...
#37
Outlaws in whose definition? Willie and Waylon and the boys? Usual suspects of what crime? So the radar says one of the bikes was speeding. They dont pull over an entire line of cars if one gets clocked.
What the hell ever happened to liberty, freedom of movement throughout this once great country? Detention + cuffs and no charges? There were obviously violations of the writ of habeas corpus. There are legal actions by means of which detainees can seek relief from unlawful imprisonment, unlawful restraint. Expect to see the ACLU step in. Yeah... that ACLU.
They called the Idaho Governor with the good news. 6 got speeding tickets and one guy had a bench warrant on him for getting behind in his child support. This little war game they played cost tens of thousands in public service $ and maybe cashes in a grand in fines and fees. Smart gov.
#38
Some people truly amaze me! Y'all should have been lawyers since you know all about the constitution and accepted police procedures! Seriously, you're wasting your talents!
All we know from the story was (A) there were about 20 bikers (B) they were pulled over (C) the LEOs were outnumbered, and (D) one of them was found to have an outstanding warrant.
You have absolutely no info on why they were pulled over. Maybe the whole group was running 70+ in a 55mph zone. Maybe it WAS a bullshit stop & some small-town cop was fishing. But there's absolutely no info that you can base "unconstitutional" or "profiling" claims on!
As for the handcuffing, someone said it earlier... it IS legal to handcuff someone for your own safety. And yes, the Mongols have something of a reputation after the incident at Harrah's casino, and many many other smaller incidents over the years. They are a group known to carry weapons and engage in assaults. This comes from arrest records and investigations. Don't believe police records? Ever read "Honor Few, Fear None" written by the Mongol's former president? They're far from a weekend-warrior social club, even by their own admission. They have built this reputation on purpose, so no one should be shocked when they are approached with caution.
So yes, if a LEO pulled over a group of Mongols, he would probably assume that they wouldn't hesitate to fight if needed. And I can tell you from personal experience, people with outstanding warrants usually do NOT want to go to jail, and can get quite combative when they realize that's where they are heading. You start running names, hear that a guy has a warrant, and you cuff him while you wait for dispatch to confirm the warrant is still active. Oh, and you've already called for backup because there's just one of you. THAT'S the way it works.
So we can conclude that we really don't know enough about why they were stopped to judge, and also that the officer handled the situation within acceptable (and legal) guidelines. We know that there was a minimal delay and then most of them went on their merry way. We don't know if the cops decided not to write the tickets, but if that pisses you off, I suggest you don't ask for a break the next time you're pulled over.
Some of you people are so damn anti-cop that I think you'd bitch if they showed up at a school shooting!
All we know from the story was (A) there were about 20 bikers (B) they were pulled over (C) the LEOs were outnumbered, and (D) one of them was found to have an outstanding warrant.
You have absolutely no info on why they were pulled over. Maybe the whole group was running 70+ in a 55mph zone. Maybe it WAS a bullshit stop & some small-town cop was fishing. But there's absolutely no info that you can base "unconstitutional" or "profiling" claims on!
As for the handcuffing, someone said it earlier... it IS legal to handcuff someone for your own safety. And yes, the Mongols have something of a reputation after the incident at Harrah's casino, and many many other smaller incidents over the years. They are a group known to carry weapons and engage in assaults. This comes from arrest records and investigations. Don't believe police records? Ever read "Honor Few, Fear None" written by the Mongol's former president? They're far from a weekend-warrior social club, even by their own admission. They have built this reputation on purpose, so no one should be shocked when they are approached with caution.
So yes, if a LEO pulled over a group of Mongols, he would probably assume that they wouldn't hesitate to fight if needed. And I can tell you from personal experience, people with outstanding warrants usually do NOT want to go to jail, and can get quite combative when they realize that's where they are heading. You start running names, hear that a guy has a warrant, and you cuff him while you wait for dispatch to confirm the warrant is still active. Oh, and you've already called for backup because there's just one of you. THAT'S the way it works.
So we can conclude that we really don't know enough about why they were stopped to judge, and also that the officer handled the situation within acceptable (and legal) guidelines. We know that there was a minimal delay and then most of them went on their merry way. We don't know if the cops decided not to write the tickets, but if that pisses you off, I suggest you don't ask for a break the next time you're pulled over.
Some of you people are so damn anti-cop that I think you'd bitch if they showed up at a school shooting!
Last edited by Ghosteh; 05-28-2011 at 10:34 PM.
#39
Outlaws in whose definition? Willie and Waylon and the boys? Usual suspects of what crime? So the radar says one of the bikes was speeding. They dont pull over an entire line of cars if one gets clocked.
What the hell ever happened to liberty, freedom of movement throughout this once great country? Detention + cuffs and no charges? There were obviously violations of the writ of habeas corpus. There are legal actions by means of which detainees can seek relief from unlawful imprisonment, unlawful restraint. Expect to see the ACLU step in. Yeah... that ACLU.
They called the Idaho Governor with the good news. 6 got speeding tickets and one guy had a bench warrant on him for getting behind in his child support. This little war game they played cost tens of thousands in public service $ and maybe cashes in a grand in fines and fees. Smart gov.
What the hell ever happened to liberty, freedom of movement throughout this once great country? Detention + cuffs and no charges? There were obviously violations of the writ of habeas corpus. There are legal actions by means of which detainees can seek relief from unlawful imprisonment, unlawful restraint. Expect to see the ACLU step in. Yeah... that ACLU.
They called the Idaho Governor with the good news. 6 got speeding tickets and one guy had a bench warrant on him for getting behind in his child support. This little war game they played cost tens of thousands in public service $ and maybe cashes in a grand in fines and fees. Smart gov.
You're incorrect about this being a case of unlawful imprisonment or unlawful restraint.
Habeas corpus has certain limitations. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law then habeas corpus may not be a useful remedy. And by law, police MAY temporarily detain someone, even restrain someone, for safety reasons. Look it up. You might not think it's common sense to be able to prevent someone from going ballistic while a LEO investigates a violation, but the Supreme Court does. (and they have for many years now)
And yes, an entire group of cars can be stopped if they are all running together at well over the speed limit. You think the law says that you can't get a ticket unless there's a radar gun that measured your speed? For your own benefit, you should understand that is so not true!
And as for costing thousands, I think the police, the State's Attorneys, and the judge are all on salary. They were working anyway. It's not like the sate was going to save money if none of them had worked on this.
Seriously, you might want to learn a little more about the law before you assume something based on what you have heard or seen on TV.
Last edited by Ghosteh; 05-28-2011 at 10:36 PM.
#40
I don't think I have ever felt safer with my hands restrained. Another fishing expedition is what it looks like to me.
Handcuffed, searched and released?
When an officer denies someone their freedom by handcuffing them he has in effect arrested them. An officer does not have the authority to "un-arrest" someone. They should be taken before a magistrate. These unconstitutional procedures are why officers and their departments and towns get sued. If this is a safety precaution as stated by a previous poster then there is something lacking in training with those officers. Preventive detention is a poor policy for this country.
When an officer denies someone their freedom by handcuffing them he has in effect arrested them. An officer does not have the authority to "un-arrest" someone. They should be taken before a magistrate. These unconstitutional procedures are why officers and their departments and towns get sued. If this is a safety precaution as stated by a previous poster then there is something lacking in training with those officers. Preventive detention is a poor policy for this country.