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| Re: Streetcarman will bealive anything that makes whites look bad (1226164) | |||
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Re: Streetcarman will bealive anything that makes whites look bad |
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Posted by Dave on Mon Sep 15 14:21:03 2014, in response to Re: Streetcarman will bealive anything that makes whites look bad, posted by FtGreeneG on Sun Sep 14 20:04:13 2014. That's incorrect.There are over two dozen states that have statutes requiring persons to "stop and identify" when requested to by police. Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. California is not of these states, BTW. Even in states where there is no such statutes, SCOTUS in Terry v. Ohio established that it is constitutionally permissible for police to temporarily stop a person based on reasonable suspicion that a crime has been committed. These stops can also be sustained based on calling the police to report a crime, being in the location where a crime was reported or even being a witness to a crime or accident. The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by SCOTUS in Hiibel v. Sixth Judicial District Court of Nevada, which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. This applies in Nevada, not California. So in the recent stop of Danielle Watts, what is the crime she and her partner are alleged to have committed? Was it her kissing him? If you can believe TMZ, they were involved in indecent exposure with the car door open. More specifically, witnesses from the nearby Directors Guild office building told cops they were watching her and her partner have full-on sex in the passenger seat; the guy was sitting in the seat, she was straddling him and it was for everyone to see. One eyewitness told cops they cleaned themselves up afterward with a tissue. So if you can believe the TMZ story, the stop likely will be found good and she should have showed her ID. FWIW, the ACLU of NorCal advises people who are stopped to present an ID when requested. |
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