George Floyd Protest/Riots

#10,055
#10,055
C-south said:
You can’t make up the idiocy and hypocrisy that the left displays. “We’re gonna work you 12 hours a day every day until we get rid of you”. I’m wondering how many LEOs will tell them to f*** off.

Cities call on cops to work overtime to quell unrest, despite ‘defund’ rallying cry
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I hope everyone of these cesspool cities loses all their officers, although i feel sorry for the normal Americans there that have to deal with these thugs and criminals on a daily basis
 
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#10,057
#10,057
Rickyvol77 said:
There are basically two elements to the crime

- Are you currently in control of a vehicle?
- Are you intoxicated?

So you are actively doing both of those current actions to get arrested
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Sleeping in a car is "actively controlling" it? If someone passes illegally with someone asleep in the passenger seat, is it a conspiracy charge?

I'm genuinely asking for the legal reason to define "sleeping in a vehicle with access to keys" as either "driving" or "active control" of the vehicle. I will bet you a million VN bucks that the reason is either an assumption about what they've previously done, or what they may do in the future, as opposed to what they are ACTUALLY DOING at the moment you arrested them.
 
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#10,058
#10,058
Rickyvol77 said:
In 20 plus years i have only cited one person for open container and there was a reason for that.


Some of these laws are complained about but rarely really enforced by officers on a consistent basis
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The fact that they're on the books so that they can be at officer discretion is concerning enough.

I'd be interested to hear the reason you charged them that once. If it's enough of a BS law to not enforce, what was the special circumstance that got the lucky guy charged?
 
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#10,059
#10,059
Orange_Crush said:
Sleeping in a car is "actively controlling" it? If someone passes illegally with someone asleep in the passenger seat, is it a conspiracy charge?

I'm genuinely asking for the legal reason to define "sleeping in a vehicle with access to keys" as either "driving" or "active control" of the vehicle. I will bet you a million VN bucks that the reason is either an assumption about what they've previously done, or what they may do in the future, as opposed to what they are ACTUALLY DOING at the moment you arrested them.
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Passed out in an intoxicated state isn't sleeping. Someone who is intoxicated from alcohol/drugs to a point where they are or have attempted to drive is a danger to themselves and others. Just like someone passed out or intoxicated stumbling around is a danger to themselves or others. You can argue all day long why you think this is ok, but you have no legal reasoning and case law is not on your side
 
#10,060
#10,060
Orange_Crush said:
Sitting in a car with keys and a beer is not DRIVING Under the Influence, so they are arresting them for what they could possibly do in the future, if they chose to do something besides what they were doing while arrested.
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I could be wrong, but I don't think this is the case in NC. I was always told if the keys were not in the ignition, and you had not been driving (cold engine) it wasn't a DUI.

IF I was sleeping in my car, drunk, cold engine and keys in my pocket, I would fight it until the end. People use cars for things other than driving. Like sleeping, having sex, in some cases living rather than be homeless.

If TN law , or anywhere, can charge you with keys in your pocket....that is beyond stupid and needs to change
 
#10,063
#10,063
LouderVol said:
They both hit in the exact same area? This drive by was exceedingly accurate. Curious as to why there is no picture of him puking with a jacked up face due to the tear gas.

At least it's somewhat more believable than that girl getting "shot" by someone squirel hunting.
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It didn't say that. It said the bruise is specifically from the tear gas.
 
#10,066
#10,066
Rickyvol77 said:
Passed out in an intoxicated state isn't sleeping. Someone who is intoxicated from alcohol/drugs to a point where they are or have attempted to drive is a danger to themselves and others. Just like someone passed out or intoxicated stumbling around is a danger to themselves or others. You can argue all day long why you think this is ok, but you have no legal reasoning and case law is not on your side
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Don't misrepresent my argument. I have never once said that it's OK to drive to the point of passing out. I've said you should be held to a standard of proof before a blank-check conviction is given.

And I'm arguing the basis of the legal reason, not whether it exists. If they passed a law tomorrow that all rape victims must be believed and accusations equaled auto-conviction, there would be legal reasoning. After the first conviction there would be case law. It would still be ******** legislation. that bypassed the burden of proof and civil rights of the accused.

And I would still not be be arguing that rape is OK. Geez, man. Get a grip.

I asked specific questions. Does the law exist as written due to what they are actually doing at the moment you found them, or due to your inability to prove what you suspect they did before you found them, and/or assumptions about what they may do in the future?

The question isn't hard at all, your deflections notwithstanding. And if they exist as written as a short-cut around proving they actually drove drunk before you got there--or they exist due to what you fear they may do in the future--it's a ******** law that end-arounds our civil rights because police officers lobby legislators to make their jobs easier.
 
#10,067
#10,067
Orange_Crush said:
The fact that they're on the books so that they can be at officer discretion is concerning enough.

I'd be interested to hear the reason you charged them that once. If it's enough of a BS law to not enforce, what was the special circumstance that got the lucky guy charged?
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I was working East Knoxville one day, and was responding to a business alarm on Asheville Hwy near Magnolia (this business had actually been robbed at gunpoint twice in the previous months so it was a hot call).

On the way (it was about 2pm) i passed a red buick with a broken windshield speeding the other direction and i noticed the white female driver and recognized her. She was well-known felon with tons of criminal history for everything from drugs, theft, assault, robberies, etc. I knew she didn't have a driver's license and i knew that wasn't her car, as she had a habit of picking up johns and tricking them or holding them at gunpoint and stealing their car, then they would report to the police, and we would get them back but she would escape prosecution because they didn't want their wives to know, and would act like they let her "borrow it" after their return. She hurt a lot of people and stole a ton of stuff from people all over and rarely actually served jail time.

ANYWAY, i knew it would be an arrest for stopping her for any reason because i knew her and her background but i had to go to the business call because it could've been life or death. Turns out the alarm was set off by mistake and everything was ok. I went back into service knowing i would find her again later, as i knew 100% without a doubt she was up to no good.

Sure enough about 3 hours later near Cherry St., i see her run a stop sign and pull out speeding away from me. I observed her commit about 4-5 other traffic violations and I lit her up and she ran from me for about 5 blocks until she hit a curb and busted a tire. I quickly got her out and handcuffed her (as she tried to kick me several times, and she was obviously high as usual). And the car was registered stolen (not surprisingly) and i found she had some meth, an open beer, and a stolen bike from a kid who lived on 5th Avenue in the vehicle.

I was figuring out what to charge her with to get her the most jail time (because she was not one who deserved a break) and she cussed me up and down and threatened me and my family, etc. I ignored all of that because none of that drivel got under my skin or made me mad. Then she stated that no matter what she wasn't going to show up for court and she was going to steal another car next week. So i thought, ok well let's see how many charges we can parlay into some serious time:

So she was charged with:

Possession of Stolen Vehicle
Driving on Suspended License
Driving without Proof of Registration
Driving without Proof of Insurance
DUI
Open Container
Possession of Schedule I
Possession of Schedule II
Possession of Drug Paraphernalia
Assault
Disorderly Conduct
Resisting/Evading Arrest
Violation of Probation
Theft
Speeding
Disregarding a Stop Sign (x2)
Disregarding a Red Light
Failure to Maintain Lane Control
Failure to stop for Emergency Vehicle
Failure to Yield (x5)
Reckless Driving
Cracked Windshield
Broken Taillight
Vandalism

She got her probation revoked and got nearly 5 years, which meant no violent felonies during that time.

It was worth it, and I am usually one of the lenient officers who gave people breaks if they deserved it
 
#10,070
#10,070
marcusluvsvols said:
I could be wrong, but I don't think this is the case in NC. I was always told if the keys were not in the ignition, and you had not been driving (cold engine) it wasn't a DUI.

IF I was sleeping in my car, drunk, cold engine and keys in my pocket, I would fight it until the end. People use cars for things other than driving. Like sleeping, having sex, in some cases living rather than be homeless.

If TN law , or anywhere, can charge you with keys in your pocket....that is beyond stupid and needs to change
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Apparently in TN, you could fight it all day long, but you'd just be adding legal fees to the other expenses of a DUI. As pointed out, there is legislation and case law working against you.
 
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