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View Diary: Lt. Pike's Golden Shower, Resisting Arrest, and Abuse of Force (232 comments)

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  •  I've had some interesting discussions (11+ / 0-)

    with the Irvine police about that.  Their initial position was that anyone blocking any part of the sidewalk was "blocking the sidewalk," just as blocking any traffic lane of an expressway would be "blocking an expressway."  They would probably still take that position if we went to court -- but I think that they'd lose.

    My opinion is that if someone can pass with minimal effort, their right of way is being respected.  I'd happily press that idea in court.

    Democrats must
    Earn the trust
    Of the 99% --
    That's our intent!

    "I love this goddamn country, and we're going to take it back." -- Saul Alinksy OCcupy!

    by Seneca Doane on Sun Nov 20, 2011 at 01:18:46 PM PST

    [ Parent ]

    •  Pike stepped over the line of protesters (6+ / 0-)

      just before he did his pepper spray strut. Didn't seem to take much effort or put him into danger.

      To what extent does blocking vehicles from a sidewalk apply?

      And it's a campus sidewalk, so I'd expect different laws applying than for public sidewalks. To that extent, since it isn't next to a road, I'd question calling it a "sidewalk" -- it's a wide paved path on part of the UCD campus.

      Is the "state has a monopoly on legitimate violence" principle also applicable to security forces? Pike is a campus cop, not a city cop. This is potentially complicated by UCD being a public university.

      •  I started writing something about "curtilage" (5+ / 0-)

        here, but I think that I'd have to do too much research to figure out how it applies.  My guess is that public university means public right-of-way, but I can't give you cites for that.  I think it would be considered a sidewalk.

        Your last paragraph asks good questions.  I think that UCPD forces have some official status with the state, but again I am working with wispy memories there.

        Democrats must
        Earn the trust
        Of the 99% --
        That's our intent!

        "I love this goddamn country, and we're going to take it back." -- Saul Alinksy OCcupy!

        by Seneca Doane on Sun Nov 20, 2011 at 03:41:15 PM PST

        [ Parent ]

        •  generally people can still be banned from campus; (2+ / 0-)
          Recommended by:
          Seneca Doane, Wee Mama

          at least they can be banned from public universities in Canada. I work at one and we've had an occasional person who has been banned, with notice to staff and students that this included the open spaces on campus as well as the buildings.

          However, I don't remember what the administration had to do to bring this about -- it may have been a legal restraining order. It's been very infrequent. But ultimately I haven't had the impression that a public campus is the same as a public right-of-way, at least not in my country.

        •  UC police are police. (3+ / 0-)
          Recommended by:
          kurt, Seneca Doane, aitchdee

          I worked for the UCSD police dept, many, many years ago. All of their officers were formerly police in some local city, or the county. They just have a specific jurisdiction that's not a city, but the campus.

          "Be just and good." John Adams to Thomas Jefferson

          by ogre on Sun Nov 20, 2011 at 06:45:22 PM PST

          [ Parent ]

    •  Right of way. If you're blocking it, it means (5+ / 0-)

      You're not ceding the "right." Doesn't  that ipso facto mean someone was denied the right?

      Technically and legally,  on a hiking trail, I, as a hiker, have right of way over mountain bikes, but if I do not claim it -- I step aside when I hear them coming -- are they still to be ticketed for not slowing, dismounting or otherwise ceding the right of way to me?

      Does the "right of way" float in the air regardless of whether it is claimed?

      If a person in a wheelchair or a pedestian who needs (or simply wants)  to walk om a concrete sidewalk approached and the protestors didnt move, I'd understand it. But barring evidence that someone was denied the right of passage, I think it's harder to make the argument.

      I know this sounds naive. But groups of people often block sidewalks. Just walk by a popular restaurant on a weekend night. And often they DON'T move even when asked. So barring evidence that there was a public safety issue or the rights of someone else were compromised, I'm not sure a jury will buy it.

      © grover


      So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not.

      by grover on Sun Nov 20, 2011 at 04:38:50 PM PST

      [ Parent ]

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