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AR15.COM
10/14/2007 2:40:18 PM EDT
http://www.youtube.com/watch?v=xrcMmYOqKPg

-------

I don't even know what to say.
10/14/2007 3:38:03 PM EDT
[#1]
Nothing new, the officer explains things pretty well as far as the signs thing.
There are a couple court cases about that. He seemed to be familiar with them from the what he was saying.

At 2:27 it gets very interesting with the officers comments on open carry.

10/14/2007 3:43:51 PM EDT
[#2]

Quoted:
Nothing new, the officer explains things pretty well as far as the signs thing.
There are a couple court cases about that. He seemed to be familiar with them from the what he was saying.

At 2:27 it gets very interesting with the officers comments on open carry.



That is why I posted it. But, the standard by prior court rulings are, you can stand on public property with a political sign. The officer was getting very deep by saying this is your right, this isn't, etc... I like when he threatens him with DO. The "fail-safe". I thought the first amendment still held some standing. Glenn, your thoughts? Apparently the officer doesn't condone the first amendment, and of course the legal precedent set prior to this event, which states it is LEGAL and within our rights to hold political signs on public property.

Notice how the officer got a little more upset when he contradicted himself, concerning the signs on the side of the highway and the signs the people were holding.
10/14/2007 4:24:24 PM EDT
[#3]
Gestapo is a little harsh. You may want to rethink that comparison..
I tend to agree with the LEO.. to many people like to think there a Lawyer and spew there constitutional rights on shit they know little about.

I'm pretty sure you cannot just hang a political sign anywhere you please and hide behind the constitution.

Maybe it's just me and I'm just a dumb sheeple and that Jackbooted Nazi of a Cop was trampling all over that poor patriots civil rights.. maybe he should call Al Sharpton and Jesse Jackson to come and help him...
10/14/2007 5:09:39 PM EDT
[#4]

Quoted:
Gestapo is a little harsh. You may want to rethink that comparison..
I tend to agree with the LEO.. to many people like to think there a Lawyer and spew there constitutional rights on shit they know little about.

I'm pretty sure you cannot just hang a political sign anywhere you please and hide behind the constitution.

Maybe it's just me and I'm just a dumb sheeple and that Jackbooted Nazi of a Cop was trampling all over that poor patriots civil rights.. maybe he should call Al Sharpton and Jesse Jackson to come and help him...


They were not hanging a sign. They were holding a sign. Yes you can hold a political sign anywhere you want, as long as it is either public property or private property (your own, or permission from the owner)

Harv, I agree alot of people just throw things around, but, in this case the officer is wrong. And, thats like saying only lawyers have COnstitutional rights.

The thing that really made me post this video was the mention about firearms, and then the Disorderly Conduct. It's almost as if it's a "fail-safe" oh is the officer feeling wrong or in a bad situation because the citizen knows more about constitutional rights than him? Because the officer doesn't mention the DO charge/fee until after he starts getting countered. Just my own opinion :)
10/14/2007 5:48:36 PM EDT
[#5]
It appears that "free speech" only applies to Columbia students storming the stage when the Minutemen were speaking.

ETA: And Mahmoud Ahmadinejad.
10/15/2007 5:29:42 AM EDT
[#6]
From what I can tell they were actually hanging a sign from the bridge/fence...not such a good idea.  If they were just holding a sign well have at it I guess. I *would* have to agree that there are better places than an interstate overpass though.

as far as the CCW thing seriously.  (the cop)
10/15/2007 7:52:39 AM EDT
[#7]
The video was edited.  It would be interesting to compare it to the unedited video.

Cop was largely correct.  Can't hang banners from interstate overpasses.  You can hold up political signs on private property or on sidewalks.  Cop didn't contradict that, as far as I can tell.  

Locally once in a while some nasty anti-abortion protesters come through with the gross fetus things on their signs.  We get tons of complaints and just tell the complainants what the protesters are doing is legal.

I didn't hear the video as threatening the person with a DC arrest--just explaining that's what the person would be charged with if an arrest were to occur.  I think the editing of the video makes that unclear.  I don't think DC is the most-correct charge, but it is a catch-all charge.  I'd expect the charge to be amended at a later date to something more applicable, such as a citation for defacing public property or something.

The cop isn't pro-CCW.  Well, not everyone is.  I doubt you'd find unanimous agreement on any political topic you'd care to name within LE.  The open carry/DC arrest might occur in some places, and not in others.  Helping to explain the lack of open carry marches in major population areas where those arrests might happen.

David, if this is a class project, trust me.  You're going to find far more disturbing videos of LE activities.  This one is pretty mild.  My personal style of handling it would differ, but I don't hear anything wildly incorrect in what he's saying, except for the open-carry bit.  
10/15/2007 8:11:43 AM EDT
[#8]

Quoted:
The video was edited.  It would be interesting to compare it to the unedited video.

Cop was largely correct.  Can't hang banners from interstate overpasses.  You can hold up political signs on private property or on sidewalks.  Cop didn't contradict that, as far as I can tell.  

Locally once in a while some nasty anti-abortion protesters come through with the gross fetus things on their signs.  We get tons of complaints and just tell the complainants what the protesters are doing is legal.

I didn't hear the video as threatening the person with a DC arrest--just explaining that's what the person would be charged with if an arrest were to occur.  I think the editing of the video makes that unclear.  I don't think DC is the most-correct charge, but it is a catch-all charge.  I'd expect the charge to be amended at a later date to something more applicable, such as a citation for defacing public property or something.

The cop isn't pro-CCW.  Well, not everyone is.  I doubt you'd find unanimous agreement on any political topic you'd care to name within LE.  The open carry/DC arrest might occur in some places, and not in others.  Helping to explain the lack of open carry marches in major population areas where those arrests might happen.

David, if this is a class project, trust me.  You're going to find far more disturbing videos of LE activities.  This one is pretty mild.  My personal style of handling it would differ, but I don't hear anything wildly incorrect in what he's saying, except for the open-carry bit.  



Actually it doesn't. There are at least two court cases, one state supreme and one I want to say 7th court of appeals(federal) that would prevent arrests from happening at an open carry march. Any arrest followed by charges would be grounds for a lawsuit against the DA for malicious prosecution.

ETA the following


Supreme Court of Wisconsin.

STATE of Wisconsin, Respondent,
v.
Edward Anthony WERSTEIN et al., Appellants.

No. State 74.

Oct. 30, 1973.

[7][ 8] The defendants were legally exercising their First Amendment rights and any order in contravention of the reasonable exercise of those rights is unlawful.  The arrest made here was not based on any disorderly conduct.  *677 It was based on the defendants purporting views which were offensive to the commanding officer.  We cannot hold that the mere exercise of one's rights to freedom of speech in communicating those views constitutes disorderly conduct.

We conclude that under the stipulated facts of this case the defendants were not guilty of disorderly conduct and the judgment must be reversed.

Judgment reversed.


10/15/2007 8:19:00 AM EDT
[#9]

Quoted:
There are at least two court cases, one state supreme and one I want to say 7th court of appeals(federal) that would prevent arrests from happening at an open carry march. Any arrest followed by charges would be grounds for a lawsuit against the DA for malicious prosecution.


Cite?
10/15/2007 8:24:33 AM EDT
[#10]

Quoted:

Quoted:
There are at least two court cases, one state supreme and one I want to say 7th court of appeals(federal) that would prevent arrests from happening at an open carry march. Any arrest followed by charges would be grounds for a lawsuit against the DA for malicious prosecution.


Cite?


Edited my post above with one of them. I'm having trouble finding anything but the dissenting opinion of the USSC case. FMD will know what I'm talking about as we brought these cases up waaaaaay back when we were trying to push the open carry marches.
10/15/2007 2:33:02 PM EDT
[#11]

Quoted:
The video was edited.  It would be interesting to compare it to the unedited video.

Cop was largely correct.  Can't hang banners from interstate overpasses.  You can hold up political signs on private property or on sidewalks.  Cop didn't contradict that, as far as I can tell.  

Locally once in a while some nasty anti-abortion protesters come through with the gross fetus things on their signs.  We get tons of complaints and just tell the complainants what the protesters are doing is legal.

I didn't hear the video as threatening the person with a DC arrest--just explaining that's what the person would be charged with if an arrest were to occur.  I think the editing of the video makes that unclear.  I don't think DC is the most-correct charge, but it is a catch-all charge.  I'd expect the charge to be amended at a later date to something more applicable, such as a citation for defacing public property or something.

The cop isn't pro-CCW.  Well, not everyone is.  I doubt you'd find unanimous agreement on any political topic you'd care to name within LE.  The open carry/DC arrest might occur in some places, and not in others.  Helping to explain the lack of open carry marches in major population areas where those arrests might happen.

David, if this is a class project, trust me.  You're going to find far more disturbing videos of LE activities.  This one is pretty mild.  My personal style of handling it would differ, but I don't hear anything wildly incorrect in what he's saying, except for the open-carry bit.  


Glenn,

The sign was NOT hanging from anything. In the video, the sign is leaned up against the fence, because the officer is talking to them and they leaned it against the fence while the conversation went on.

I understand if they were hanging the sign, but they are on a public sidewalk, holding a sign. Well within their rights.

I also thought the officer explaining that the sign might cause an accident or something was extremely asinine. The guy countered with asking what is different than any of the other signs? It's not.

You can't tell me that signs showing logos of Taco Bell, Burger King, Subway, Pizza HUt, Dairy Queen, etc... don't distract drivers. If what the officer is saying is true, shouldn't he be taking down rummage sale signs, etc...?

He also said that they couldn't stand there holding signs that say "We want you to drive 30" (not sure on the exact wording), but, actually they can... if they're holding the sign it can say whatever they want. Public property + sign (not attacthed to public property) = constitutional rights.

This is not part of any school project, just something I like to get involved in. Saw the video and thought I would share. Thought you'd get a kick out of the gun mentions. I was interested in the right to hold the sign in the beginning then stumbled upon the gun stuff.

I am going to email the owner of the video again, he sent me a copy but I will see if I can get the un-edited version.
10/16/2007 6:55:18 AM EDT
[#12]

Locally once in a while some nasty anti-abortion protesters come through with the gross fetus things on their signs. We get tons of complaints and just tell the complainants what the protesters are doing is legal.


Yeah I agree- we should just act like that stuff doesn't happen- afterall the government said it is OK, just like they once said black people are less than human.



From--- http://en.wikipedia.org/wiki/Dred_Scott_caseThe only relevant question, therefore, was whether, at the time the Constitution was ratified, Scott could have been considered a citizen of any state within the meaning of Article III. According to the Court, the drafters of the Constitution had viewed all African-Americans as

"beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect."


Don't let yourself be tricked into thinking the goverment isn't human and therefore prone to errors in judgement.  People need to see those nasty signs until they come to their senses and stop condoning murder.
10/16/2007 7:41:41 AM EDT
[#13]
I had to comment on this, as a person who does a lot of street preaching (not god hates fags stuff) but preaching of the bible, my rights are always attacked....

In Minnesota we had police tell us I don't care about your rights..the people don't like hearing it....they shut us down...

In Chicago they do the same thing at times, In Madison we actually had some state police troopers from the capitol follow us because they felt we were at risk because the people hate us... I was grateful for them that day and it's an example of a LEO that understood the law.

All in all it depends on which cop approaches you... I have had as mentioned above some cops tell people to bad you don't like what they say...it is their constitutional right...while other LEO's have cited us for disorderly conduct because we carry a sign on public property...

I could go on and on...

I am not bashing all LEO's but I think many think they can determine who has rights and who doesn't...

In Minnesota one year the cops sited my friend for bogus charges (we were preaching on a public site) and after three court appearances where He (my friend) would not accept their "plea deal" they dismissed the charges for lack of evidence ....mind you we had lawyers telling the DA that their charges were bogus...but they used fear to try and shut my friend up and pay a fine and accept probation.. Glad he did not...


If the men in this video were carrying the signs and not hanging them on the over pass then the cops were violating their rights ...

There are supreme court rulings that state you cannot use another law (like disorderly conduct) to impede someones first amendment rights... Most times when I quote these case laws the LEO's don't care, there point is to get you or the person with the sign to shut up and go away and make the complainers happy..., the DA and city lawyers can deal with thing later if a civil right is violated...

The Police are to serve and protect...not interpret law as they see it.. Please remember this is not a rant against all LEO's I have friends that stand and uphold the constitution and do not perform street interpretation of the law..

10/16/2007 8:36:26 AM EDT
[#14]

Quoted:
I had to comment on this, as a person who does a lot of street preaching (not god hates fags stuff) but preaching of the bible, my rights are always attacked....

In Minnesota we had police tell us I don't care about your rights..the people don't like hearing it....they shut us down...

In Chicago they do the same thing at times, In Madison we actually had some state police troopers from the capitol follow us because they felt we were at risk because the people hate us... I was grateful for them that day and it's an example of a LEO that understood the law.

All in all it depends on which cop approaches you... I have had as mentioned above some cops tell people to bad you don't like what they say...it is their constitutional right...while other LEO's have cited us for disorderly conduct because we carry a sign on public property...

I could go on and on...

I am not bashing all LEO's but I think many think they can determine who has rights and who doesn't...

In Minnesota one year the cops sited my friend for bogus charges (we were preaching on a public site) and after three court appearances where He (my friend) would not accept their "plea deal" they dismissed the charges for lack of evidence ....mind you we had lawyers telling the DA that their charges were bogus...but they used fear to try and shut my friend up and pay a fine and accept probation.. Glad he did not...


If the men in this video were carrying the signs and not hanging them on the over pass then the cops were violating their rights ...

There are supreme court rulings that state you cannot use another law (like disorderly conduct) to impede someones first amendment rights... Most times when I quote these case laws the LEO's don't care, there point is to get you or the person with the sign to shut up and go away and make the complainers happy..., the DA and city lawyers can deal with thing later if a civil right is violated...

The Police are to serve and protect...not interpret law as they see it.. Please remember this is not a rant against all LEO's I have friends that stand and uphold the constitution and do not perform street interpretation of the law..



Exactly my point. Thanks for posting.
10/16/2007 10:36:50 AM EDT
[#15]

Quoted:

Quoted:
I had to comment on this, as a person who does a lot of street preaching (not god hates fags stuff) but preaching of the bible, my rights are always attacked....

In Minnesota we had police tell us I don't care about your rights..the people don't like hearing it....they shut us down...

In Chicago they do the same thing at times, In Madison we actually had some state police troopers from the capitol follow us because they felt we were at risk because the people hate us... I was grateful for them that day and it's an example of a LEO that understood the law.

All in all it depends on which cop approaches you... I have had as mentioned above some cops tell people to bad you don't like what they say...it is their constitutional right...while other LEO's have cited us for disorderly conduct because we carry a sign on public property...

I could go on and on...

I am not bashing all LEO's but I think many think they can determine who has rights and who doesn't...

In Minnesota one year the cops sited my friend for bogus charges (we were preaching on a public site) and after three court appearances where He (my friend) would not accept their "plea deal" they dismissed the charges for lack of evidence ....mind you we had lawyers telling the DA that their charges were bogus...but they used fear to try and shut my friend up and pay a fine and accept probation.. Glad he did not...


If the men in this video were carrying the signs and not hanging them on the over pass then the cops were violating their rights ...

There are supreme court rulings that state you cannot use another law (like disorderly conduct) to impede someones first amendment rights... Most times when I quote these case laws the LEO's don't care, there point is to get you or the person with the sign to shut up and go away and make the complainers happy..., the DA and city lawyers can deal with thing later if a civil right is violated...

The Police are to serve and protect...not interpret law as they see it.. Please remember this is not a rant against all LEO's I have friends that stand and uphold the constitution and do not perform street interpretation of the law..



Exactly my point. Thanks for posting.


KUDOS.  

As a National Guard member though, I've always wanted to rain on a hippy war protest.  

Too bad there's no draft to give them enough incentive to give a crap haha.  

I've always believed these "modern hippees" are wannabe's.  How do you have a hippy with no war draft?
10/16/2007 10:38:22 AM EDT
[#16]

Quoted:
Just remember David.. there are two sides to every story.. and the truth lies somewhere in between....


Excellent! - Can we make this one a sticky?
10/16/2007 11:59:23 AM EDT
[#17]
I find it interesting that places like Milwaukee and Madison are quick to pull out the Disorderly Conduct play with open carry. That's why i left Milwaukee 5 years ago. still not a very good state to live in. But i'm a state employee right now. guess i gotta deal with it.
10/16/2007 2:12:12 PM EDT
[#18]

Quoted:

Quoted:
Just remember David.. there are two sides to every story.. and the truth lies somewhere in between....


Excellent! - Can we make this one a sticky?


Sometimes one side is right, the other is wrong.
10/16/2007 4:47:37 PM EDT
[#19]
I wish Life were that Black and White.......

Your still young and idealistic.. enjoy it while you can.....

The funny thing is.. when something REALLY is right vs. wrong.. few step up to the challenge...

Look at the sacrifices our founding fathers made and compare them to this guy holding up a sign and then scream "civil rights" violation....

How many are prepared to give up "everything " for what's right.. not many.. loss of land .. money..social status.. home.even to be labeled a traitor..
10/16/2007 6:18:49 PM EDT
[#20]
Harv, I surely don't want to attack you so don't take it that way...

But...by your premise unless someone loses everything then they really are not standing for anything???

I am sure the first reaction of our founding fathers was not grab the guns and lets shoot...there was a "process".

Whether someone is willing to lose all for their cause remains to be seen until the time they are asked to lose all...I don't think this man was asked or forced to lose all, just because he asserted his rights in no way I think diminishes his stance in light of the founding fathers......


The only way we will see if someone is willing to lose it all is when we are pushed to that point, I think the only way we get to that point (losing all for the cause) is when we stop protesting in the small ways that this man in the video did.

We live in a day of small things, let's hope and pray that it does not come to a day of "large" things.

10/16/2007 6:44:53 PM EDT
[#21]

Quoted:
I wish Life were that Black and White.......

Your still young and idealistic.. enjoy it while you can.....

The funny thing is.. when something REALLY is right vs. wrong.. few step up to the challenge...

Look at the sacrifices our founding fathers made and compare them to this guy holding up a sign and then scream "civil rights" violation....

How many are prepared to give up "everything " for what's right.. not many.. loss of land .. money..social status.. home.even to be labeled a traitor..


It was a violation of our Constitutional rights, we all share them. This was in Green Bay, real close to home.
10/16/2007 7:48:06 PM EDT
[#22]
testedone


Harv, I surely don't want to attack you so don't take it that way...

But...by your premise unless someone loses everything then they really are not standing for anything???

I am sure the first reaction of our founding fathers was not grab the guns and lets shoot...there was a "process".

Whether someone is willing to lose all for their cause remains to be seen until the time they are asked to lose all...I don't think this man was asked or forced to lose all, just because he asserted his rights in no way I think diminishes his stance in light of the founding fathers......


The only way we will see if someone is willing to lose it all is when we are pushed to that point, I think the only way we get to that point (losing all for the cause) is when we stop protesting in the small ways that this man in the video did.

We live in a day of small things, let's hope and pray that it does not come to a day of "large" things.



I agree with you.. I guess all I'm saying is there are two sides to every story and since I was not there to see it in it's entirety and the video certainly does not tell the WHOLE side to the story.. I'm not going to be so quick to jump on the LEO.

If you recall back aways there was a video showing a Marine Shooting what looked like a unarmed and wounded insurgent. If you viewed this video and nothing else.. you would be led to believe this young Marine shot an unarmed wounded man.. but the whole story revealed the troop about these insurgents Playing "Possum" with concealed weapons and wounding his fellow comrades just minutes early.

And lets not forget how Murtha Labeled a handful of Marines as Cold blooded Murderers during an incident in Haditha.. and all charges were dropped on these brave men who were unjustly accused of a crime they did not commit.


This one little video does not a Jackbooted Thug of a LEO make...Just my opinion of it and mine alone....

and that's all I have to say about that....
10/16/2007 7:53:04 PM EDT
[#23]

Quoted:


This one little video does not a Jackbooted Thug of a LEO make..



Agreed
10/17/2007 5:46:44 AM EDT
[#24]

Quoted:
I am going IT-Network Specialist. Need to have something to fall back and keep my options open. Currently where I work, I am helping restore liberty and personal freedoms.


When I suggested a major other than criminal justice, I wasn't trying to discourage you from becoming a cop.  Just suggesting to have a back-up degree.

But if LE is off the table, and you're going into computers....well, you'll miss out on working holidays, midnights, being beat upon, getting body fluids flung at you...all the good things in life.  

edit:  and miss out on stomping on the civil rights of innocent citizens to satisfy your lust for power over the weak and downtrodden.  
10/17/2007 6:55:58 AM EDT
[#25]
10/17/2007 6:57:02 AM EDT
[#26]

Quoted:

Quoted:
I am going IT-Network Specialist. Need to have something to fall back and keep my options open. Currently where I work, I am helping restore liberty and personal freedoms.


When I suggested a major other than criminal justice, I wasn't trying to discourage you from becoming a cop.  Just suggesting to have a back-up degree.

But if LE is off the table, and you're going into computers....well, you'll miss out on working holidays, midnights, being beat upon, getting body fluids flung at you...all the good things in life.  

edit:  and miss out on stomping on the civil rights of innocent citizens to satisfy your lust for power over the weak and downtrodden.  


and don't forget going to parties with a bunch of highschoolers and then shooting up the place, getting shot by swat then offing yourself eventually  that's what I look forward most too when I become LE ...well, that's second to the spitters and poop throwers
10/17/2007 7:21:30 AM EDT
[#27]

Quoted:
edit:  and miss out on stomping on the civil rights of innocent citizens to satisfy your lust for power over the weak and downtrodden.  


I hope you are bringing your jack boots and Luger with you to class.
10/17/2007 7:29:36 AM EDT
[#28]

Quoted:
I hope you are bringing your jack boots and Luger with you to class.


I swear, the reason the Germans acted the way they did can all be blamed on the Luger pistol.  I had to sell mine off.  Because whenever I looked at the thing, I wanted to buy a knee-high pair of boots and start marching around all straight-legged, saying "Seig Heil!!"  

Now, back to your regularly scheduled thread.  
10/17/2007 11:09:50 AM EDT
[#29]

Quoted:
I swear, the reason the Germans acted the way they did can all be blamed on the Luger pistol.  I had to sell mine off...  Because whenever I looked at the thing, I wanted to buy a knee-high pair of boots and start marching around all straight-legged, saying "Seig Heil!!"




Finally he admits it!






*wringing hands expectantly*

NOW I can twist that statement into something it was never meant to be...and does anyone have a video camera I can borrow to get incriminating stuff like this on tape the next time I see Glenn?





Now, back to your regularly scheduled thread.


Almost.

G, this is the kind of stuff I normally refrain from (reference our last discussion).

I stayed out as long as I could, but you FORCED me to post, pal.
10/17/2007 4:26:57 PM EDT
[#30]

Quoted:
Always can be a cop later on down the road if I get bored of IT.


I would take a good long look at that statement. When I was just a wee lad like you, I too thought the same way. Several opportunities have gone by the wayside, because of my playing it safe procrastination. I regret not doing the things I really in my heart of hearts wanted to do.
10/17/2007 4:36:56 PM EDT
[#31]
Yeah.. you would be surprised how FAST later comes ... and goes.. and before you know it... it's TOO late.....