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Is the Miller campaign "arrest" in Alaska Kidnapping?

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Kurt_and_Hunter Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:36 AM
Original message
Is the Miller campaign "arrest" in Alaska Kidnapping?
Edited on Mon Oct-18-10 08:40 AM by Kurt_and_Hunter
So your hired goons can "arrest" and hand-cuff a journalist for supposedly trespassing on property you don't own? (A public middle-school)

Sure sounds like kidnapping, given the facts.

Miller security guards handcuff journalist

By RICHARD MAUER
rmauer@adn.com

Published: October 17th, 2010 10:25 PM
Last Modified: October 17th, 2010 11:56 PM

The editor of the Alaska Dispatch website was arrested by U.S. Senate candidate Joe Miller's private security guards Sunday as the editor attempted to interview Miller at the end of a public event in an Anchorage school.

Tony Hopfinger was handcuffed by the guards and detained in a hallway at Central Middle School until Anchorage police came and told the guards to release Hopfinger.

Hopfinger has not been charged but the owner of the Drop Zone, the private security firm that's been providing Miller's security, accused Hopfinger of trespassing at the public event, a town hall sponsored by the Miller campaign. The owner, William Fulton, also said Hopfinger assaulted a man by shoving him.

Anchorage Police who responded to the call said they would leave it to the District Attorney's office to decide whether to prosecute. They spent more than an hour taking statements, then left.



http://www.adn.com/2010/10/17/1506223/miller-security-guards-handcuff.html
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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:46 AM
Response to Original message
1. Only if a really zealous prosecutor wanted to indict on those grounds
Unlawful detention is a more likely charge, if there had been no pushing and shoving that preceded the handcuffing. However, with a plausible complaint of assault against Hopfinger, with witnesses, I'd say there won't be any charges filed.

Shave your head and stick a wire in your ear (while working for the GOP), and you can get away with almost anything in America these days.
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:46 AM
Response to Reply #1
9. There is a video on u-tube of the incident and the guards shoved him first.
He reacted and shoved back and that is when they "arrested" him..
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leveymg Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 10:05 AM
Response to Reply #9
12. The only video AFAIK is the one of the handcuffing behind the coke machine.
Edited on Mon Oct-18-10 10:10 AM by leveymg
Hopfinger says that he was chest bumped, but not shoved, before he pushed the security guard away. Technically, that push in response was assault.

Legally, once you lay hands on anyone in any way that can be construed as threatening or forceful, it's potentially chargeable as simple assault.

IMO, the cops acted properly in releasing the reporter and not charging anyone else. I think the reporter could sue the body guard company for erasing the footage.
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HereSince1628 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:47 AM
Response to Original message
2. I'm not sure the issue is property ownership
I would think if you lease or rent property you can have a security interest.

I admit to having no idea how far that interest can be extended to bullying or detention of persons by private security.
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eShirl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 08:55 AM
Response to Original message
3. if a Democratic candidate did this to a reporter they would be universally condemned in the media
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:15 AM
Response to Original message
4. Likely doesn't meet the statutory requirement for kidnapping.
Still based on the (abliet very limted) information provided I do believe a crime has been committed although not kidnapping.

Remember "kidnapping" has a common meaning and a specific legal meaning. In VA it is:

Any person, who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of "abduction"; but the provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms "abduction" and "kidnapping" shall be synonymous in this Code. Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony.

The crime doesn't meet that statute.
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Scruffy1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:31 AM
Response to Original message
5. It is false impisonment-a felony
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glinda Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:37 AM
Response to Reply #5
6. I hope so.
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:40 AM
Response to Original message
7. Bush had people arrested for wearingT-shirts he didn't like
and for displaying "end the war" bumper stickers. So Repukes can pretty much arrest anyone they feel like arresting
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:57 AM
Response to Reply #7
10. To be fair Bush* was in a position of Power, he was pResident
Miller is nothing but a candidate. A private citizen and as such has no authority to order the arrest of anyone..
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Doctor_J Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 09:41 AM
Response to Original message
8. How exactly can one be "trespassing at the public event"???
If it's public, then you can't trespass at it.

Republican terrorism
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 10:02 AM
Response to Original message
11. Who are the skinheads looking at the guy in handcuffs?
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KeepItReal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 10:11 AM
Response to Reply #11
13. Probably Miller's fake Secret Service private security goons
The editor of the Alaska Dispatch website was arrested by U.S. Senate candidate Joe Miller’s private security guards Sunday as the editor attempted to interview Miller at the end of a public event in an Anchorage school.

Tony Hopfinger was handcuffed by the guards and detained in a hallway at Central Middle School until Anchorage police came and told the guards to release Hopfinger.

http://news.bostonherald.com/news/us_politics/view/20101018alaska_sen_candidate_joe_millers_security_guards_handcuff_journalist/srvc=home&position=recent
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-18-10 10:17 AM
Response to Original message
14. It's assault. It's false imprisonment. It's battery.
Edited on Mon Oct-18-10 10:18 AM by TexasObserver
These guys are all getting sued, individually, as well as their employer, and they're going to pay through the nose.

This is what happens when goons think they can use war tactics to deal with domestic problems they don't like.

They're in big trouble, even if they don't know it. I hope the news man will file criminal charges against them and their candidate.
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