imported post
bigtoe416 wrote:
1245A Defender wrote:
read about the whole thing here
Marysville Stop
you dont need to get arrested to have standing for a suit against the cops, checkout ohare v alamagordo.
no arrest but a 21000$ payoff in a 42 usc 1983, settled out of court!!
these guys in mich. did a supper job of hanging those stupid cops,
At no point were the open carriers detained, seized, searched, or had any of their rights violated. They were merely threatened. The guy in the Alamogordo case was detained and physically removed from a movie theater. His fourth amendment rights were violated. As we all know, police can lie to people just as we can lie to people. I have a feeling that if the open carriers were to have went back into the park, the officer would have immediately arrested them (no better way to get arrested other than disrespect a bad police officer), and they would have had grounds for a fourth amendment violation lawsuit.
Hey bigtoe,
I disagree with your assessment.
Back in the early 90s, I was treated much the same by a CDFG warden (California Fish and Game). I complained. My legislator and Senator got involved. The Chief of CDFG got involved. To them it was a really big deal.
Since my letter was only a complaint and not a lawsuit, they opted to have the warden personally apologize for "warden harassment of a citizen" and she apologized for repeatedly placing her hand on her gun, and for using her uniform and badge, under color of authority, as tools for her harassment ofme. She was forced to take an unpaid suspension as a penalty for her actions.
This incident was regarding a stream-bed alteration that she did not like. Her supervisor and I worked out an amicable settlement for the stream bed alteration that was easy for me to comply with.
Under color of authority, the Roseville MI police officers "forced" law-abiding citizens to leave a legal and public venue by intimidating the citizens.
The 4[suP]th [/suP]A was violated. I believe a court that follows juris prudence could only rule that rights were violated.
By your reasoning, am I to assume that you think it is OK for AZ cops to intimidateillegal aliens to self-deport, just because they are worried about public safety? Even though LEO does not haveRASfor detainment, PC for arrest, or any legal standing whatsoever to prove alien or citizen standing?
markm