The Professor
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- Mar 4, 2011
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So, she ordered them to arrest him without probable cause, to put him in the back of a paddy wagon without restraining him but with his hands cuffed behind his back so he could not protect himself and to drive around the neighborhood, making sharp turns and sudden stops to bounce him off the walls? She did not "order" them anywhere. She does not have that authority over the police. She, along with the police command, decided to send more cops to where there was more crime. Imagine that? Doing that has absolutely nothing to do what the police did to Gray when they got there. Talk about bubble headed retards. Look in the mirror.... and then she throws them under the bus and has them arrested after they follow her orders.
Hmmm... I see trouble for that little bubble headed retard.
I disagree. There was probable cause to stop, frisk and arrest the man. There is no doubt that the knife he had in his possession was a violation of Baltimore law (in spite of what the State Attorney said). The only thing that remains is whether the police acted lawfully in stopping and frisking him and that is the reason why Marylin Mosby will be called as a witness.
I haven't tried many criminal cases in my life but I do have a JD and know the law. If I were representing the defendants, Marylin Mosby would definitely be called as a witness. You see, there are certain guidelines police must use in deciding whether to stop or frisk a suspect. One of the elements they can consider is whether the suspect is in a high-crime area. This element is not sufficient in of itself to justify a stop or frisk but can be used in conjunction with other elements such as a suspect running away or exhibiting suspicious behavior.
Since the State Attorney requested an increased police presence in that particular area her testimony is relevant to prove the police acted properly in the stop and frisk phase of the arrest. If Mosby is smart, she could stipulate that the arrest was made in a known high crime area or that police had probable cause to stop and frisk. The stipulation should render her testimony unnecessary and would permit her to try the case.
When Can the Police Stop and Frisk You on the Street legalzoom.com
Note: the reference is from legalzoom, but it is reliable. I just picked the first one I came to that was easy to understand.