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Mob Rule & Shooting In Public - A Horror Story +1
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<blockquote data-quote="Horoscope Fish" data-source="post: 434366" data-attributes="member: 13090"><p>Protection under the 4th Amendment does not require anything beyond your legitimate, legal activity being interrupted in an unreasonable manner by law enforcement. Jake experienced what is known as a "Terry Stop" pure and simple (you can Google "Terry v. Ohio" the relevant Supreme Court case). </p><p></p><p>A "Terry Stop" *IS* a detention and its purpose is to ascertain if there cause for a search, also known as a "pat down" and/or outright arrest based on the outcome of the interrogation during the detention. Such a stop, again, must be based on what the courts refer to as "specific and articulable facts" relating to the commission of a crime. "Hunches" or "bad feelings" are not "articulable facts relating to the commission of a crime". Being a dirty hippy, taking photos in broad daylight of a school bus, regardless of how it makes you FEEL, does not constitute "articulable facts related the commission of a crime".</p><p></p><p>In my eye's what the responding officer should have done, at most, was a drive by and word from Officer Friendly stating, "We got a call from some pearl-clutching grandmother about a dirty hippy taking photos and she's totally freaking out, know what I mean? Nice camera, by the way. Have a great day." </p><p><span style="color: #FFFFFF">.....</span></p></blockquote><p></p>
[QUOTE="Horoscope Fish, post: 434366, member: 13090"] Protection under the 4th Amendment does not require anything beyond your legitimate, legal activity being interrupted in an unreasonable manner by law enforcement. Jake experienced what is known as a "Terry Stop" pure and simple (you can Google "Terry v. Ohio" the relevant Supreme Court case). A "Terry Stop" *IS* a detention and its purpose is to ascertain if there cause for a search, also known as a "pat down" and/or outright arrest based on the outcome of the interrogation during the detention. Such a stop, again, must be based on what the courts refer to as "specific and articulable facts" relating to the commission of a crime. "Hunches" or "bad feelings" are not "articulable facts relating to the commission of a crime". Being a dirty hippy, taking photos in broad daylight of a school bus, regardless of how it makes you FEEL, does not constitute "articulable facts related the commission of a crime". In my eye's what the responding officer should have done, at most, was a drive by and word from Officer Friendly stating, "We got a call from some pearl-clutching grandmother about a dirty hippy taking photos and she's totally freaking out, know what I mean? Nice camera, by the way. Have a great day." [COLOR="#FFFFFF"].....[/COLOR] [/QUOTE]
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