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Is This Guy Nuts?


baddog

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21 hours ago, baddog said:

I don’t think so. Lefty warning. This man is quoting nothing but facts so it might be offensive to hear. You can always turn it off and go bury your head in the sand. It’s what you do best.

 

 

That speech is so revealing and thus so depressing.  If you wanted to destroy America and do it in a way most won’t notice, this Bill is it.  And now Manchin is caving.  No one talks about Sinema.  Is she going to stand her ground or cave?  If I was followed into the restroom and harassed like she was, the could kiss my backside, but Dems are different people.  They (and many Republicans) have a For Sale sign on their foreheads.

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17 minutes ago, tvc184 said:

Policy is not the law.

So does that mean when my sister was in the emergency room the other day and I was told I couldn’t go back to see her, that it was simply hospital policy and I could have gone back anyway? Not trying to argue. Just trying to figure all this stuff out. 

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1 hour ago, baddog said:

So does that mean when my sister was in the emergency room the other day and I was told I couldn’t go back to see her, that it was simply hospital policy and I could have gone back anyway? Not trying to argue. Just trying to figure all this stuff out. 

The chief came out and apologized so it looks like the cops are trying to figure it out also.

Seems that Barney didn't like being told no.

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51 minutes ago, baddog said:

So does that mean when my sister was in the emergency room the other day and I was told I couldn’t go back to see her, that it was simply hospital policy and I could have gone back anyway? Not trying to argue. Just trying to figure all this stuff out. 

Violating hospital policy is definitely not a crime. however had  you violated their policy and they told you to leave and you didn’t, you would be breaking the Texas law of Criminal Trespass.

If a cop walked up and said you are under arrest for violating hospital policy and  actually arrested you, he would be violating your rights. It would be an unlawful arrest.

Over many years, I would go into a business and there would be some kind of disturbance. The manager on scene would in many cases say I want this person off of my property. At that point the discussion is over. If a customer causing the disturbance does not leave, he will be arrested for trespassing. It would not be for the disturbance but for not leaving when told. I always tried to give them plenty of notice and explain the law. The customer would often try to plea his case that he was right and the manager was wrong in the argument.  Maybe the business  did not honor a sale or something. It doesn’t matter who would win the argument. The person in charge of the property wanted him to leave and at that point he has to leave. The whole point of that is, I could not arrest the customer for arguing or basically anything else (assuming during the argument the customer did not commit another crime such as threaten the manager or commit Disorderly Conduct) but once the person  in control of the property tells you to leave, you legally must leave.  Until you refuse to leave, there is no crime.

Some people simply will not listen and will be arrested. It was a video going around maybe a year ago about the woman who was arrested in Galveston County for trespassing at a bank. The bank asked her to leave for not wearing a mask and she refused, demanding her right not to wear a mask. That is fine but you would not be arrested for not wearing the mask but for trespassing when asked to leave. Then all the anti-mask or anti mandate people said it was a violation of her rights and blah blah blah. It doesn’t matter what you believe about the lawfulness of mandates. The owner of a property told you to leave and the debate is over.

I can assure you that if you would have visited when told not to, the police would have  very likely been called. The officer responding probably would not have cared about any argument and would simply ask the person in charge, do you want this person off of your property and will you agree to filing charges? If the answer was yes, you would probably be given a warning at that moment and given the opportunity to leave.

The bad thing about trespass warnings, they can be indefinite. It is not like it’s a one time deal. Once you have been told you are not allowed on the property, if you return a year later you can have charges filed on you.

One more war story. Four or five years ago I was working the Black Friday sale at a Walmart. I was a supervisor over the security for Black Friday for several years. We practically never had any problems because Walmart after a couple of fiasco‘s around the country, along with other stores, changed  their tactics. They would do things like put an item of electronics on one side of the store and another item of electronics on the other. People could not gather up at one location. The people wanting a computer on sale would be on one side and the people wanting a TV would be on the other and the people wanting an Apple Watch would be somewhere else. This kept 200 people from clustering in one location such as electronics. Every year however, you could bet that if there was any disturbance it would be at the towels. That’s right folks, I still  don’t understand why but if there will be disturbances or fights it will be at the towels on sale.

Also on Black Friday, they do it during the regular business day so people don’t rush when they unlock the doors. You can go shop but the items on sale are wrapped up in plastic and at a certain time such as 6PM, the plastic will be taken off by store personnel. Probably 20 minutes before the sale started that year,  I was called by a manager to the… You guessed it, towels. A woman who had been first in line, maybe for an hour or more, decided that she would lay on the towel and spread her arms around them and partially blocked the aisle. The manager asked her not to be spread eagle on the towels and to simply step back. She refused. After a discussion naturally, the police working security were called. Again, it was simple. Ma’am you have to step back away from the towels. The sale starts in a few minutes, you will be first in line and get the first choice and I will stand here if I need to. She again refused and said you cannot tell me what to do. Uhhhh…. Yes, the manager can. So after explaining the law and again giving her an opportunity to stay, she refused and laid across the towels. At that point like I have said before, the discussion was over. You’ll either leave the store at this moment or you will go to jail for trespassing and likely be given a warning never to return to Walmart.

She left the store. She  might’ve been saying something like this is illegal and I might speak to a lawyer but I don’t remember any specifics. I remember that she was not happy however she was given more than one opportunity to be number one in line and to  step back out of the aisle and she refused. She knew her rights!! 

Oh yeah, we did not give her a trespass warning. She could’ve come back the next day and it would’ve been fine. I applaud  the management  for being reasonable and just ending the disturbance at that moment without taking a more drastic measure.

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5 hours ago, baddog said:

Check this out…..

 

And on this deal, I do not know what happened. I am not saying that the officer it right or wrong because I don’t know the circumstances. The news headlines like most times are sensationalism even if not true. I doubt the officer told her you were under arrest for not violating hospital policy. I would have to look at the laws in that state however….

Knowing that each state has different laws but many are similar. Texas has a law called  implied consent. That means if the police want to draw your blood after a DWI or an accident where someone may be killed, they can take your blood without your consent if you are unconscious. Implied consent state law says  that if you get behind the wheel in a public place, you have already consented to the taking of your blood. You could verbally take that away however if you are unconscious, the law stands. If you cannot verbally tell the officer that you do not consent, they can take the blood. A United States Supreme Court case from 1966 (If think, Schmerber v. CA) said if the police have probable cause And a person refused blood, they can take it without a warrant. That is because of the emergency circumstance that alcohol in your blood does not stay for very long and if it takes two or three hours to get a warrant, the police would lose the evidence. The Supreme Court ruled that it was not an unreasonable search under the circumstances. A few years ago in McNeely v. Missouri, the Supreme Court somewhat  overturned that previous case. In McNeely they roughly said that due to technology, it will not take so long to get a warrant so the automatic emergency circumstance was taken away. Pretty much if you’re taking of blood without a warrant, you have to show that no judge was available to sign that warrant within a reasonable time. So legally implied consent still stands however McNeely forces the officer to attempt to get a warrant. I think in this area it is almost always successful in obtaining a warrant.

In the case of this video from what little we could see, it seems the officer  was trying to have blood drawn but the nurse refused because she said it was against her policy. Again, that is not a lawful arrest charge. They also apparently arrested her for some manner of refusing to take the blood or perhaps interfering with someone else taking the blood. Again, without the facts we cannot tell.

The title appears to me to be sensationalism however. Maybe not, who knows. Maybe the officer  did do something stupid like say I’m arresting you for not violating your own policy. From the video it appears as though he is a detective with some experience so I would hope that is not true. Stranger things have happened however

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53 minutes ago, tvc184 said:

Violating hospital policy is definitely not a crime. however had  you violated their policy and they told you to leave and you didn’t, you would be breaking the Texas law of Criminal Trespass.

If a cop walked up and said you are under arrest for violating hospital policy and  actually arrested you, he would be violating your rights. It would be an unlawful arrest.

Over many years, I would go into a business and there would be some kind of disturbance. The manager on scene would in many cases say I want this person off of my property. At that point the discussion is over. If a customer causing the disturbance does not leave, he will be arrested for trespassing. It would not be for the disturbance but for not leaving when told. I always tried to give them plenty of notice and explain the law. The customer would often try to plea his case that he was right and the manager was wrong in the argument.  Maybe the business  did not honor a sale or something. It doesn’t matter who would win the argument. The person in charge of the property wanted him to leave and at that point he has to leave. The whole point of that is, I could not arrest the customer for arguing or basically anything else (assuming during the argument the customer did not commit another crime such as threaten the manager or commit Disorderly Conduct) but once the person  in control of the property tells you to leave, you legally must leave.  Until you refuse to leave, there is no crime.

Some people simply will not listen and will be arrested. It was a video going around maybe a year ago about the woman who was arrested in Galveston County for trespassing at a bank. The bank asked her to leave for not wearing a mask and she refused, demanding her right not to wear a mask. That is fine but you would not be arrested for not wearing the mask but for trespassing when asked to leave. Then all the anti-mask or anti mandate people said it was a violation of her rights and blah blah blah. It doesn’t matter what you believe about the lawfulness of mandates. The owner of a property told you to leave and the debate is over.

I can assure you that if you would have visited when told not to, the police would have  very likely been called. The officer responding probably would not have cared about any argument and would simply ask the person in charge, do you want this person off of your property and will you agree to filing charges? If the answer was yes, you would probably be given a warning at that moment and given the opportunity to leave.

The bad thing about trespass warnings, they can be indefinite. It is not like it’s a one time deal. Once you have been told you are not allowed on the property, if you return a year later you can have charges filed on you.

One more war story. Four or five years ago I was working the Black Friday sale at a Walmart. I was a supervisor over the security for Black Friday for several years. We practically never had any problems because Walmart after a couple of fiasco‘s around the country, along with other stores, changed  their tactics. They would do things like put an item of electronics on one side of the store and another item of electronics on the other. People could not gather up at one location. The people wanting a computer on sale would be on one side and the people wanting a TV would be on the other and the people wanting an Apple Watch would be somewhere else. This kept 200 people from clustering in one location such as electronics. Every year however, you could bet that if there was any disturbance it would be at the towels. That’s right folks, I still  don’t understand why but if there will be disturbances or fights it will be at the towels on sale.

Also on Black Friday, they do it during the regular business day so people don’t rush when they unlock the doors. You can go shop but the items on sale are wrapped up in plastic and at a certain time such as 6PM, the plastic will be taken off by store personnel. Probably 20 minutes before the sale started that year,  I was called by a manager to the… You guessed it, towels. A woman who had been first in line, maybe for an hour or more, decided that she would lay on the towel and spread her arms around them and partially blocked the aisle. The manager asked her not to be spread eagle on the towels and to simply step back. She refused. After a discussion naturally, the police working security were called. Again, it was simple. Ma’am you have to step back away from the towels. The sale starts in a few minutes, you will be first in line and get the first choice and I will stand here if I need to. She again refused and said you cannot tell me what to do. Uhhhh…. Yes, the manager can. So after explaining the law and again giving her an opportunity to stay, she refused and laid across the towels. At that point like I have said before, the discussion was over. You’ll either leave the store at this moment or you will go to jail for trespassing and likely be given a warning never to return to Walmart.

She left the store. She  might’ve been saying something like this is illegal and I might speak to a lawyer but I don’t remember any specifics. I remember that she was not happy however she was given more than one opportunity to be number one in line and to  step back out of the aisle and she refused. She knew her rights!! 

Oh yeah, we did not give her a trespass warning. She could’ve come back the next day and it would’ve been fine. I applaud  the management  for being reasonable and just ending the disturbance at that moment without taking a more drastic measure.

I actually enjoy the war stories. What better way for us to understand, you know, experience is the best teacher. I have seen some Australian videos where, excuse me, but it seems the cops have gone nuts. It’s a sad situation if the socialist regime infiltrates the men in blue. I made no judgement on this video. Just thought it a bit extreme, but that’s just me. Like you said, probably not enough info or long enough video, you know, like the Rodney King video.

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