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thetragichippy

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Posts posted by thetragichippy

  1. 12 hours ago, tvc184 said:

    What if he is not arrested for inciting a riot but for disturbing the peace for the words he used and location?

    The Supreme Court has stated that no words can be banned. Situations can be. Both state and federal courts have ruled that flipping the bird at the police for example, is free speech. In a recent case from 2021 the US Supreme Court ruled that a student going on an F bomb rant on social media had her rights violated when she was kicked off the cheerleading squad. She was on the JV squad but missed the varsity squad so she did her snapchat tirade saying to xxxx school, softball, cheerleading, etc. She was kicked off of the JV squad for violating school rules. SCOTUS in Mahanoy v. BL in an 8-1 decision said that her free speech was violated because although she said her comments about “school”, “softball”, etc., she never demeaned her school, teachers and so on . It was just a non-specific screw everybody rant.

    This is the hidden content, please

    So under inciting, what if it was a pro Trump supporter who was simply standing there in public saying that Trump is great?  A crowd gathers and starts throwing rocks.  Does the Trump supporter go to jail for inciting?

    If so, any free speech can be negated simply by causing violence against the free speaker.

    So, I am not saying that you are wrong but wanted to make those legal positions known.

    Any reconsidering or anyone else want to comment? 

     

    My guess is disorderly conduct. If he is on a sidewalk (don't you need a permit to "assemble"?) and he may make an unsafe atmosphere by gathering a crowd near building entrances and roadway......but I honestly have no idea....

  2. 6 minutes ago, tvc184 said:

     Professional courtesy.


    Not personally but seen it on YouTube. Most issues are between the police and firefighters.

    I was going to put an EMS driver in jail over time but I screwed up and called my sergeant to tell him my intentions because I was sure it would generate a complaint.

    EMS heading south on Memorial Blvd in PA blew the red light at Gulfway Dr. As you know, a 6 lane highway crossing a 4 lane highway…. and there was traffic. Like moderate and leaning toward heavy traffic about 8pm.

    He bottomed out hitting the hump on Gulfway Dr., probably 80-85 mph. The emergency call on Proctor St?

    A sprained ankle.

    I did not interfere with his call or the trip to the hospital. That is when I called my sergeant and let him know my intentions. Instead I his an arrest my sergeant wanted me to discuss it with him and he would call the EMS supervisor. I had a rather terse discussion with the driver about an arrest for Reckless Driving, carrying up to 30 days in the hoosegow.

    Speeding? I don’t care. If this guy had been two seconds earlier or later, he might have been going to prison for manslaughter. 

    I never had an accident or damaged a vehicle (I as pretty hard on brakes).....but I can see you upset over that....

  3. 27 minutes ago, tvc184 said:

    A private EMS driver can be arrested for breaking a city ordinance speed limit

    Ever heard of that happening? I remember police being pretty understanding at least when I was working. Looking back, I took some huge chances going through Crystal Beach headed to John Sealy. I remember getting one complaint from a highway patrol, called my boss. 

  4. On 3/25/2023 at 12:34 PM, tvc184 said:

    In the same line of questions….

    Fire

    Police

    EMS

     When  not on any emergency calls (going back to the station, heading to eat lunch/donuts, etc ), do they have a speed limit? 

    A couple things - I thought in PA at least ambulances could only go 10 mph over posted speed limit (not that we ever paid attention)

    Also, I remember there not being a "code 2" in Texas - meaning if you had lights you must have siren......was that true?

  5. 11 minutes ago, tvc184 said:

    Speaking of complying….

    The police make a completely unlawful arrest. They tell a guy he is under arrest and he shoves an officer’s hand away to try to keep from being handcuffed, while claiming (correctly) that it is an unlawful arrest. The police get  him in custody and charge him with the original unlawful arrest and also resisting for shoving and officer’s hand but causing no injury. 

     The DA dismisses the attest as unlawful.

    Does the Resisting Arrest charge go away? Here’s a chance at redemption. 

     

    No, because resisting an unlawful arrest is still unlawful. 

  6. 2 minutes ago, tvc184 said:

    That is why I (and maybe one of the few)  find this interesting.  We obviously don’t have to agree with laws or case laws/rulings but they are the law.

    I know my rights!! might show that we don’t know as much as Facebook and YouTube make us think we know.

    Comply, deny consent, remain silent and argue later

    One thing I do know, my battle will be fought in court. In my 57 years of life, one arrest for PI (in my early 20's, I was a passenger in a car who's driver was arrested for DUI, paid extra fine to have it taken off my record) and a few tickets, I have never had a bad experience with a police officer. I felt it was my job to give him no reason to harass me. As I get older, that gets a little harder....lol

  7. 2 minutes ago, tvc184 said:

    I am curious about that case. SCOTUS? State court?  Circuit court? Any subsequent case?

    Sometimes a case might be in the later (often) overturned. At other times the ruling may be relying on a state constitution (ruled by a state court) and not the US Constitution. Sometimes the police or lawyers will argue the wrong point. Like a warrant might not cover a third person since the warrant is specific on what can be searched however  not relying on a warrant and using exigent circumstances may be lawful. 

    This is the hidden content, please

     

    This is the hidden content, please

     

    This was about a lawyer being arrested for not giving a couple cell phones to detectives because even though warrant asked for electronic devices, the guy handed the phones to his attorney before the search warrant was served (like 10 minutes before inside the courthouse) 

  8. 2 minutes ago, tvc184 said:

    There are several cases (which is typical of principles and doctrines) that cover this. The SCOTUS will issue rulings and in the future will clarity, reaffirm or modify rulings.  Many times it is simply reaffirming what was said earlier.  Like a person or government will think that they have found a loophole in an earlier ruling. Then SCOTUS might accept another similar case to review to clarify what was said earlier.

    In this situation, the police can deny you entrance into your own home in order to prevent the destruction of evidence. A similar case is the aforementioned KY v. King where the police were chasing, the suspect for selling cocaine and mistakenly kicked in the wrong door. The rationale is to keep evidence from being destroyed and in that case, also fresh pursuit.

    The only real difference is in King the people/suspects were already inside of the home and so could destroy the evidence. There was no time for a warrant. If the same evidence existed but no one is in the home, negating the emergency, there is time for a warrant. The police can slow down and take time. In order to preserve the evidence, there is no requirement to allow a person inside to destroy the evidence.

    In a case from 2000, Illinois v. McArthur, SCOTUS in an 8-1 ruling said that if probable cause existed, it was not a violation of the Fourth Amendment to deny a person entry into his own home. Like in Randolph (also mentioned earlier), the wife said there was marijuana in the home but McArthur denied the police to enter. So the police locked the home down and got a warrant. 

    In a quote from that case, Justice Breyer stated:

    "We have found no case in which this Court has held unlawful a temporary seizure that was supported by probable cause and was designed to prevent the loss of evidence while the police diligently obtained a warrant in a reasonable period of time,"

    As he clearly stated, they found “no case” where evidence was lost because the police were trying to do the right thing by obtaining a warrant (police diligence). To do so they case secure the scene an await a warrant and that includes keeping the owners out.

    This is the hidden content, please

    I am batting ZERO 

    I'm going to end up being one of those guys dragged out his car yelling "I KNOW MY RIGGHHHTSTSSS"   LOL

  9. I hate this happened but it would have not had newar the publicity if she was not Gordan Baxter's daughter. 

    About 13 years ago I met someone who lived on village creek. My first canoe trip I was sold. The last 13 years I have been canoeing, boating and exploring village creek. Gordan wrote a couple books about village creek and built a house on it. It's still there and someone has since purchased and added on. It's right on the water. Gordan also flew and wrote a few books about that. He was a very interesting man. 

     

  10. 2 hours ago, tvc184 said:

    The police have probable cause (in their opinion) that you have drugs in your house but they don’t have a warrant.  You show up at home at see officers outside. You try to go into your own home but the police stop you.

    You demand to be allowed to go into your home but the police say no, they are in the process of getting a warrant.

    Can the police deny you entry into your own home or even remove you from your own home without a warrant if they are in the process of attempting to obtain one?

    I would say no. 

    There was a case where Detectives were outside of a courthouse waiting for a subject to come out to serve him with a warrant to search his person and take all electronic devices.  On camera a security guard witnessed the subject handed two phones to his attorney, who handed them to his assistant and she put them in her bag. The detectives wanted that phone and ended up arrenting both attorneys because they would not comply. It was ruled they did not have a search warrant that expanded to her bag. So, I would think no one can keep you out of your own home "waiting" for a search warrant. 

  11. During Covid I opened an ETRADE account and over several months I purchased modest amount of several stocks I knew would bounce back. From there I have been buying stocks on the dips. It has worked out great, I have a bunch of stocks now in bite size pieces, so if one or five were to tank, I'm still good. This stock has nothing to do with my retirement plan, but even today I'm up 20% in total gain. Before Biden tanked it, I was closer to 50% gain. 

    Today I bought a few of Western Alliance Bancorp (WAL) for $19.93(about 60% down from the bank run scare), and it looks like it will close today at around $26.00.  This was a $76.00 stock a week ago. 

  12. 13 minutes ago, WOSdrummer99 said:

    "You just shot me.”

    Arnold’s reply—“I damn sure did shoot you”

    It only took a few months of concealed carry to notice myself going to places or stoping at places I normally wouldn't without a gun.  The caution or fear I would of had to make me reconsider was erased by the fact I had a gun. 

    Once I realized what I was doing I stopped.  I was putting myself in situations that legally were OK, but still risky at best......because my worse fear is actually having to shoot someone. I quoted that statement because that should be in a movie, not in real life. 

  13. 1 hour ago, UT alum said:

    Do you realize how long 40,000 hours is?  You could edit every bit of violence out and make it look like a walk in the park. That doesn’t mean that the violence didn’t happen.  Tucker Carlson is a liar who cares about nothing but his personal wealth. He was crying to get the election reporters at FOX who were telling the truth fired so that the value of his FOX stock wouldn’t plummet.  Since I can’t use the appropriate descriptive here, I’ll just say he’s a big kitty.

    And the gateway pundit is the king of not just fake news, but outright lies as well.

    It's apparent that you hate Tucker.  Nothing he said was lies. The summer riots experienced rape and murder while taking over sections of the city and building and businesses looted and burned to the ground were called "mostly peaceful" by the media and Democrats,,,,,,Tucker is just using the same reasoning....... except nothing was looted and no one was raped.......one person was murdered, an unarmed female vet........ 

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