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Re: Removed from a train by the NYPD this morning

Posted by Terrapin Station on Mon Aug 14 19:10:06 2006, in response to Re: Removed from a train by the NYPD this morning, posted by SilverFox on Mon Aug 14 18:30:02 2006.

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Cooperate with the officer. Fully. Everything will then come out in the wash.

Why should Jarid have gone through that 10+ minute frightening procedure when it could have been over in 1 minute?

Officer: What are you doing?
Jarid: I'm a railfan taking photos.
Officer: Can I see some ID?
Jarid: I'm partaking in a legal activity and I do not wish to provide any further information.
Then the officer has to make a choice: either let Jarid go or detain him further based upon articulable suspicion or arrest him based upon probable cause. Since there is clearly no probable cause or articulable suspicion that any crime has been committed, the officer has to let Jarid go or face potential department disciplinary action and/or a civil lawsuit. Officers that know the law will let Jarid go in this case. Officers that don't will hold him longer and will get in trouble and then quickly learn the law.

but if the truth is on your side, you have ABSOLUTELY NOTHING to worry about.

Huh? What if the officer started erasing photos? He made Jarid hand him the camera. If Jarid had ended the meeting like I outlined above, the officer never would have gotten his hands on the camera.

No, I'm sorry: Being asked for identification does not constitute harrassment

Being detained without articulable suspicion is harassment. Taking his camera is harassment. Telling him to put his camera away and leave (i.e. no more photos) is harassment. Being prevented from going on about his legal hobby after it was clear Jarid was not a threat was harassment. Telling Jarid that stuff like this can be turned over to the FBI was harassment.

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