imported post
LEO 229 wrote:
Citizen wrote:
If there was a tone of command in his voice where you write that he asked for the ID, I might suggest also finding out who he is and send a formal complaint against an extra-legal ID demand.
If there was any tone of authority in his voice, I would think it makes also foran attemptedTerry Stop with that bit about checking to make sure you are allowed to carry a gun. Psuedo-reasonable articulable suspicion, I'm thinking.
Forum,
This is the classic mentality of Citizen with his Anti attitude.
He would actually have you file a complain on the officer forhis tone ofvoice. The officer "asked" for ID and there is nothing wrong in asking.
If his tone was one of authority... while still asking mind you.... somehow THIS is a violation?
I can see it now..
"Yes, I want to file a complaint. I did not like how the asked me for my ID and I think he was trying to Terry stop me. Well, he seemed to speak with some level of authority and I did not like it! No.. I did not show it to himmy ID and he allowed me to leave."
So to the Antis... the police are in violation if:
- They ask for ID
- They speak with authority
- They change their tone of voice
- They attempta Terry stop
UNREAL!!!! :lol:
(sigh)
Fellas,
I'm not the only one who considers an authoritative/commanding tone an indication of a Terry Stop.
The US Supreme Court had this to say in
US vs Mendenhall:
...Examples of circumstances that might indicate a seizure, even where the person did not attempt to leave, would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled... (emphasis added)
LEO229 uses a straw man argument. He asserts that the Kroger officer "asked" and positions me as though I asserted the Kroger officer didn't. Yet, as my post clearly shows, I wrote, "if." He's making up my argumentso he can then makehis.
He also asks, "...this is a violation?" Yet, I never said it was a violation. I urged formal complaint for an attempted violation,
if there was authoritative/commanding tone of voice. You or I can be arrested for merely attempting to bring a gun somewhere its not allowed. I see no reason why citizens can't decry attempted abuses by police. We're supposed to let them go on attempting and succeeding unless they occasionally encounter a citizen who knows his rights and asserts them?
It gets better. LEO229 has been over this subject matter before. He knows the score. He's read the case law beforeright here on this veryforum, plus one can assume that hewas trained on itat the police academy. Plus years ofapplying it on the job.
Basically, he's a cop. He knows the whole point of using an authoritative orcommanding tone of voice is to assert authority and to get compliance. Its a control technique. The intention behind it is to bypass your power of choice--the very heart of consent. He knows all this.
So, (rhetorical questions coming) why the mini-rant? What does he gain by having others believe or accept his mis-information?
Link to
US vs Mendenhall at Cornell University Law School:
http://tinyurl.com/42trgn