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View Diary: Michael Dunn, Florida Man, Invokes 'Stand Your Ground' Law After Shooting Black Teen (87 comments)

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  •  So it explicitly differentiates between a seizure (0+ / 0-)

    and an arrest?  Because an arrest is just a seizure of a person rather than property which is why excessive force during an arrest falls under the "unreasonable search and seizure" clause.

    You have watched Faux News, now lose 2d10 SAN.

    by Throw The Bums Out on Wed Nov 28, 2012 at 10:55:40 AM PST

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    •  It doesn't mention seizure. It only mentions (2+ / 0-)
      Recommended by:
      KVoimakas, rockhound

      arrest of the person and prosecution. There is no probable cause bar whatsoever for seizure of evidence (presumably of the gun and other evidence, for forensic testing).

      This means the police can question you all they want. But if they put you in fetters and haul you to the police station to do, and can't prove to a judge they had probable cause to think you haven't met the requirements of JUoF, they can be compelled to release you and pay damages.

      Probable cause, it should be pointed out, is a very low bar - and is the standard bar for a search warrant.

      Non enim propter gloriam, diuicias aut honores pugnamus set propter libertatem solummodo quam Nemo bonus nisi simul cum vita amittit. -Declaration of Arbroath

      by Robobagpiper on Wed Nov 28, 2012 at 11:01:00 AM PST

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      •  Except that under SYG the standard is that (0+ / 0-)

        the shooter was in fear of his life rather than the usual "reasonable person" standard.  So how exactly do you prove or disprove that short of (possibly) fancy fMRI testing?  Besides, what if you have someone who genuinely fears for his life every time he sees a group of two or more black men?

        You have watched Faux News, now lose 2d10 SAN.

        by Throw The Bums Out on Wed Nov 28, 2012 at 01:20:14 PM PST

        [ Parent ]

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