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View Diary: Man Puts Hands in Pockets Because Its Cold - Stopped by NYPD For 'Suspicious Bulge'. (22 comments)

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  •  The problem is people on foot. Police in their (7+ / 0-)

    cages can't follow them very well. Also, people strapped into their personal cages on wheels have given authorization, when they applied for and accepted a license to drive, to be stopped whenever a law enforcement officer considers it appropriate and consistent with the orders he's been given by his superiors. If the officer is following orders, then he's in the clear. That's the qualification implied in "qualified immunity."
    What the police have forgotten or not been taught is that ordinary citizens are entitled to the presumption of probity. That is, their behavior has to be presumed good, unless there is evidence or a really good reason to suspect that it's not.
    The police would like to argue that innocence doesn't come into the picture until after a person has been arrested (stopped) and charged. Indeed, if I understood the brief description of what the SCOTUS heard yesterday, the police would like to argue that the right NOT to speak only goes into effect after the Miranda warning has been given and that a person not answering police questions is cause to suspect guilt of a crime.

    You see, that's why I keep repeating that prohibiting the agents of governments actions was not a good idea. It just put ideas in their heads and provided motivation for evading the prohibitions by calling their actions something else. You know, like substituting "enhanced interrogation" for torture and permanent detention for imprisonment.

    What the NYPD is attempting to argue is that stops and brief detentions are not arrests and, ipso facto, do not impose the obligation to respect rights on them. On the other hand, that humans have a natural right to perambulate wherever their two legs can take them is barely recognized because it's not mentioned in the Constitution. That slaves could not travel without a permission slip from the masters was not considered anomalous. Neither are curfews which restrict juveniles to their homes after certain hours of the night. That humans have rights which are not to be infringed without good cause and appropriate notice is a notion still in its infancy.

    People of substance are supposed to leave their home cages, strapped in a cage with wheels and exit that cage once it has arrived in an underground garage --i.e. another cage. That's how people of substance live. People who don't travel in cages on wheels are fair game. They are obviously not compliant with the mores of the elite.
    That's why OWS taking over the streets was perceived as such a great threat.

    We organize governments to deliver services and prevent abuse.

    by hannah on Thu Apr 18, 2013 at 10:25:21 AM PDT

    •  It is probably my antiquity, but it was my (3+ / 0-)
      Recommended by:
      jpmassar, blueoasis, hannah

      understanding that if somebody stops and detains me, interfering with my freedom of movement, then that is an "arrest".

      That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --

      by enhydra lutris on Thu Apr 18, 2013 at 12:10:34 PM PDT

      [ Parent ]

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