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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFlorida Cop Forgets 1st Amendment, Pulls Over Car Playing ‘F*ck Tha Police’
http://www.addictinginfo.org/2014/12/15/florida-cop-forgets-1st-amendment-pulls-over-car-playing-fck-tha-police/Over Thanksgiving weekend, Hialeah PDs officer Harold Garzon pulled over a man listening to NWAs F*ck Tha Police. Unfortunately, after approaching the car the officer was hard-pressed to find a legal justification for the stop. Making matters worse, the man he pulled over was a Florida International University law student who was on break over the holidays.
As the Miami New Times reports, the victim, Cesar Baldelomar, was stopped at a red light with his windows down. Harzon was standing nearby filling out some paperwork when suddenly NWAs anti-police anthem came on the radio. Harzon didnt take it well....
After Baldelomar pulled over, the officer escalated the situation by calling in two more officers and started hurling charges at him. First, Garzon accused Baldelomar of illegally playing loud music within 25 feet of another person. Baldelomar said that was nonsense, and even cited the Supreme Court case that found that a person cant be arrested for playing loud music in public....
After that, the cops just settled for throwing any violation they could at the student. They wrote out three tickets: one for not having his insurance information (Baldelomar had insurance, but the officer said he needed to have a slip of paper stating that fact), one for an out-of-state license plate (like many students, Baldelomar technically still lived in his home state and was only attending school in Florida), and a final one for not wearing a seat belt (a fact Baldelomar disputes).
As the Miami New Times reports, the victim, Cesar Baldelomar, was stopped at a red light with his windows down. Harzon was standing nearby filling out some paperwork when suddenly NWAs anti-police anthem came on the radio. Harzon didnt take it well....
After Baldelomar pulled over, the officer escalated the situation by calling in two more officers and started hurling charges at him. First, Garzon accused Baldelomar of illegally playing loud music within 25 feet of another person. Baldelomar said that was nonsense, and even cited the Supreme Court case that found that a person cant be arrested for playing loud music in public....
After that, the cops just settled for throwing any violation they could at the student. They wrote out three tickets: one for not having his insurance information (Baldelomar had insurance, but the officer said he needed to have a slip of paper stating that fact), one for an out-of-state license plate (like many students, Baldelomar technically still lived in his home state and was only attending school in Florida), and a final one for not wearing a seat belt (a fact Baldelomar disputes).
Because Florida. And douchebadges.
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Florida Cop Forgets 1st Amendment, Pulls Over Car Playing ‘F*ck Tha Police’ (Original Post)
KamaAina
Dec 2014
OP
With the recent Supreme Court decision the cop has cover for his 'reasonable' belief
PoliticAverse
Dec 2014
#1
I disagree because this is also a case involving a stop due to a misunderstanding of the law
PoliticAverse
Dec 2014
#8
The Constitution, wherein the 1A is made writ, is the highest law of the land.
Nuclear Unicorn
Dec 2014
#3
PoliticAverse
(26,366 posts)1. With the recent Supreme Court decision the cop has cover for his 'reasonable' belief
in the loud music law.
See: http://www.democraticunderground.com/1014966179
Action_Patrol
(845 posts)5. This is unrelated.
Your link was to a case where a stop turned out to be illegal BUT he consented to a police search where they wound up finding drugs.
Moral to that story is to never consent to a search.
PoliticAverse
(26,366 posts)8. I disagree because this is also a case involving a stop due to a misunderstanding of the law
followed also by a (possible) valid infraction discovered as a result of said stop.
Action_Patrol
(845 posts)9. I see what you are saying
But I still think the cited case a snagged that guy because while the stop may have been illegal, the consented search is what screwed him. I won't argue with you though. I understand your point
Response to KamaAina (Original post)
NCTraveler This message was self-deleted by its author.
Nuclear Unicorn
(19,497 posts)3. The Constitution, wherein the 1A is made writ, is the highest law of the land.
These "law enforcement" officers are in dereliction of duty.
benz380
(534 posts)4. We got stopped and got tickets all the time for cruising with loud music in my town. n/t
NCTraveler
(30,481 posts)6. One of the greatest and most influential albums of all time. nt.
NCTraveler
(30,481 posts)7. I believe this is one of his writing if anyone is interested.
http://www.urbanfaith.com/2009/04/the-gospel-of-radical-reversals.html/
Seems like he is a pretty eclectic guy. Anyway, good read.
Seems like he is a pretty eclectic guy. Anyway, good read.