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The police can do as they want, and the kid can complain afterwards to his lawyer.
The Gestapo are claiming they had a right to search him (they legally don't) because he was sitting in his car in a "predictive hot spot."
Can police arrest you for parking where criminals like to park?
Title is wrong. The 18yo got manhandled because he decided to wrestle
Jerk away from a cop giving you a pat down and it's game on.He did no such thingTitle is wrong. The 18yo got manhandled because he decided to wrestle
"Connor DeLeire, the 18-year-old in the car, was nervous when the officer approached his car and began interrogating him without cause. DeLeire was visibly carrying a gun in a holster with the magazine in his pocket—which is totally legal in New Hampshire—and he refused the cop’s request to search his car—again, completely within his rights.
As the encounter continued, DeLeire grew agitated.
The officer used this and Deleire’s refusal of a warrantless car search as a justification for insisting on a bodily patdown.
When DeLeire jerked away, the police announced he was under arrest and used pepper spray and a Taser to subdue him.
Legal or not, it establishes legitimate concern on the part of the officer. And if he politely asks you for ID, or to step out of the car, if you're all innocent, do so. What's the big deal or reason not to?
Officer can question suspicious individuals and vehicles WHENEVER they like. WHEREVER they like. They don't need justification or a reason. If they ask to search your vehicle or person and you consent it's perfectly legal. To do it againt your will they need evidence or suspicion of a crime having actually occured.
But as in the case of drug trafficking your refusal is pointless because you'll be placed under arrest within moments and a radio-issued search warrant will come allowing the search.
And if you 'jerk away' resisting arrest you're completely screwed. Now the officer can kill your ass with very little evidence required. And being armed, he's lucky that's not what happened.
Jerk away from a cop giving you a pat down and it's game on.He did no such thingTitle is wrong. The 18yo got manhandled because he decided to wrestle
Here's how an armed black man wearing a hoodie reacted to an encounter with the police. Given his behavior, a predictable outcome:
So, I'm driving to my office to turn in my weekly paperwork. A headlight is out. I see a Tucson Police Department squad vehicle turn around and follow me. I'm already preparing for the stop.
The lights go on and I pull over. The officer asks me how I'm doing, and then asks if I have any weapons.
"Yes, sir. I'm a concealed carry permit holder and my weapon is located on my right hip. My wallet is... in my back-right pocket."
The officer explains for his safety and mine, he needs to disarm me for the stop. I understand, and I unlock the vehicle. I explain that I'm running a 7TS ALS holster but from the angle, the second officer can't unholster it. Lead officer asks me to step out, and I do so slowly. Officer relieves me of my Glock and compliments the X300U I'm running on it. He also sees my military ID and I tell him I'm with the National Guard.
Lead officer points out my registration card is out of date but he knows my registration is up to date. He goes back to run my license. I know he's got me on at least two infractions. I'm thinking of how to pay them.
Officers return with my Glock in an evidence back, locked and cleared. "Because you were cool with us and didn't give us grief, I'm just going to leave it at a verbal warning. Get that headlight fixed as soon as possible."
I smile. "Thank you, sir."
I'm a black man wearing a hoodie and strapped. According to certain social movements, I shouldn't be alive right now because the police are allegedly out to kill minorities.
Mobile Uploads - Steven Hildreth, Jr. | Facebook
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"Connor DeLeire, the 18-year-old in the car, was nervous when the officer approached his car and began interrogating him without cause. DeLeire was visibly carrying a gun in a holster with the magazine in his pocket—which is totally legal in New Hampshire—and he refused the cop’s request to search his car—again, completely within his rights.
Which is not illegal and perfectly within his rights
As the encounter continued, DeLeire grew agitated.
Gee, imagine that.
The officer used this and Deleire’s refusal of a warrantless car search as a justification for insisting on a bodily patdown.
Which he had no right to do. Refusal of a warrantless search does not provide probable cause.
When DeLeire jerked away, the police announced he was under arrest and used pepper spray and a Taser to subdue him.
Which the cop had no right to do.
Legal or not, it establishes legitimate concern on the part of the officer. And if he politely asks you for ID, or to step out of the car, if you're all innocent, do so. What's the big deal or reason not to?
Gee, I don't know. I thought this was the Land of the "Free."
Officer can question suspicious individuals and vehicles WHENEVER they like. WHEREVER they like. They don't need justification or a reason. If they ask to search your vehicle or person and you consent it's perfectly legal. To do it againt your will they need evidence or suspicion of a crime having actually occured.
But as in the case of drug trafficking your refusal is pointless because you'll be placed under arrest within moments and a radio-issued search warrant will come allowing the search.
No drug trafficking was taking place.
And if you 'jerk away' resisting arrest you're completely screwed. Now the officer can kill your ass with very little evidence required. And being armed, he's lucky that's not what happened.
He wasn't under arrest at that moment, otherwise you might have a point.
The police can do as they want, and the kid can complain afterwards to his lawyer.
He has no legal right to interfere with the police unless his life or limb are in danger.
Where's the evidence for that? Are you saying no pat downs are legal? Nervousness and evasion are things cops look for.The pat down was illegal.Jerk away from a cop giving you a pat down and it's game on.He did no such thingTitle is wrong. The 18yo got manhandled because he decided to wrestle
Title is wrong. The 18yo got manhandled because he decided to wrestle
He did no such thing
The Gestapo are claiming they had a right to search him (they legally don't) because he was sitting in his car in a "predictive hot spot."
Can police arrest you for parking where criminals like to park?
The Gestapo are claiming they had a right to search him (they legally don't) because he was sitting in his car in a "predictive hot spot."
Can police arrest you for parking where criminals like to park?
What's a "predictive hot spot"? Some place he regularly parked, was known to routinely park? If that's the case, perhaps it appeared like suspicious behavior.
Jerk away from a cop giving you a pat down and it's game on.He did no such thingTitle is wrong. The 18yo got manhandled because he decided to wrestle
The pat down was illegal.
