Things cops can do without having arrested you

[Mairead]

2004 WL 385601 (1st Cir.(Mass.)) March 04, 2004

Terry stop of pedestrian whom police wrestled to ground at gunpoint and frisked was not de facto arrest.

Police officers' seizure of a pedestrian in a residential neighborhood when they were responding to a report of fleeing bank robbery suspects who had knives did not exceed the permissible scope of a Terry stop and did not amount to a "de facto arrest," even though one officer drew his gun and two others wrestled the pedestrian to the ground and frisked him. The officers' initial reasonable suspicion during the otherwise valid Terry stop was heightened when they saw a knife tucked in the pedestrian's waistband. The encounter occurred on a public street in the light of day and lasted a very short time. The officers who wrestled the pedestrian to the ground were in plain clothes. And the pedestrian was not handcuffed or detained in a manner consistent with a formal arrest. Taking into account the totality of the circumstances, a reasonable person in the pedestrian's position would not have believed he was under arrest, but that he was detained only for an investigatory stop.

U.S. v. Maguire 2004 WL 385601 (C.A.1 (Mass.))


(from www.prorev.com)

[Cronus Protagonist]

1. I'd like to see them do that to the President

Since it's so perfectly lawful.

"FUCK BUSH" Buttons, Stickers & Magnets

[CaptainClark23]

2. Surprise to some

Inner-City folks (read: predominantly minorities) have been dealing with that kind of "investigatory stop" for years and years. Nothing new here.

[Lefty48197]

3. I think it's safe to say....

that over the years, a lot of young Black men have been "not arrested" several times.

[BigVanVader]

4. There's a case in the Supreme Court right now about this

About whether Nevada can have a law that allows police to ask for people's IDs at random. And if they refuse, they can be arrested.

[Mairead]

7. What's rather interesting about that case

is that, contrary to Hiibel's and various editorial assertions (the latter apparently taken wholesale from the former), the transcript shows that Dove did indeed reveal why he was there. So there's some justice on Dove's side.

Hiibel: How's it goin' Sheriff

Dove: How ya doin'?

Dove: Well, ...................

H: Looks like I'm parked ok

D: Well, I've got a report that there's been a fightin' going on between you two tonight.

H: I don't know nuttin' about that. ------ Of course, I've -----------------

D: Why don't you come over here, ok?

[Djinn]

5. i grew up in THE most middle class white bread suburb

yet still if you wore a dead kennedy's t-shirt or had a mohawk or anything else slightly out of the ordinary and were under 18 the cops were facist arsehole thugs, who would kick the crap out of you because they were bored.

[Jersey Devil]

6. So? Terry stops have been going on for decades and

even if there is no "reasonable suspicion" all they have to do anyway is walk up to someone, step on their toes, wait for the guy to push the cop away (a natural instinct) and arrest the guy for assaulting a cop. Works every time. Think about it.

[BiggJawn]

8. They can KILL you.

"GUN!!!! GUN!!!!"
<blam. blam. (repeat 12 more times)>

"But I SAW a GUN!"

Maybe if they'd ditch the Darth Vader clothes and the Storm Trooper "haircuts" I'd be less on edge about our Future Fascist Keepers....