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Mac Mcleod
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Court tossed out this conviction.

Quote:
Published on Sep 21, 2016

A police officer can’t arrest you for just running from them. Cenk Uygur and Ana Kasparian, hosts of The Young Turks, break it down. Tell us what you think in the comment section below.

“Black men who try to avoid an encounter with Boston police by fleeing may have a legitimate reason to do so — and should not be deemed suspicious — according to a ruling by the Massachusetts Supreme Judicial Court.

Citing Boston police data and a 2014 report by the ACLU of Massachusetts that found blacks were disproportionately stopped by the city's police, the state’s highest court on Tuesday threw out the gun conviction of Jimmy Warren.

Warren was arrested on Dec. 18, 2011, by police who were investigating a break-in in Roxbury. Police had been given a description of the suspects as three black men — one wearing a “red hoodie,” one wearing a “black hoodie” and the other wearing “dark clothing.” An officer later spotted Warren and another man (both wearing dark clothing) walking near a park. When the officer approached the men, they ran. Warren was later arrested and searched. No contraband was found on him, but police recovered an unlicensed .22 caliber firearm in a nearby yard. Warren was charged with unlawful possession of a firearm and later convicted.”
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Boaty McBoatface
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I am disturbed by this.

Whilst I can see (given the BLM stuff) blacks may fear the police it should not be a defense.
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Adam Alleman
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If I were black in this country I would run so far from the police.
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J
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slatersteven wrote:
I am disturbed by this.

Whilst I can see (given the BLM stuff) blacks may fear the police it should not be a defense.

Depends on what it's a defense against. If the police are using the fact that the guy ran against him, then it certainly could be a defense against that. In this particular case:

Quote:
the court noted that state law gives individuals the right to not speak to police and even walk away if they aren’t charged with anything. The court said when an individual does flee, the action doesn't necessarily mean the person is guilty.


If state law allows a person to leave and not talk to the police unless charged with a crime, then the person can leave.
 
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Walt
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I don't think it's really a state matter.

This directly challenges USSC's Illinois v. Wardlow, holding that running from police is inherently suspicious.

Here's an interesting perspective:

Fleeing from police is not, by itself, illegal in America, and the U.S. Supreme Court has made clear that in safe neighborhoods, people not suspected of criminal activity can ignore a police officer who approaches them, even to the point of walking away.

But courts have set a different standard for places where street crime is common, ruling that police can chase, stop and frisk people if their location contributes to a suspicion of criminal activity.

This double standard is having a major impact as more black men die in encounters with police around the country. ...

--PoliceOne.com: Can you run from police? US courts apply a double standard

I wonder what would happen if in a BLM protest with police present, all the BLM protesters just ran away as a protest. I suspect humans have a little of the instinct of cats, if it runs away, you chase it.
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Chris
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Daddys_Home wrote:
If I were black in this country I would run so far from the police.


Well you would probably get shot then so that's probably not a good idea.
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Seth Brown
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galad2003 wrote:
Daddys_Home wrote:
If I were black in this country I would run so far from the police.

Well you would probably get shot then so that's probably not a good idea.

Then again, we've proven you might also get shot even if you are lying on the ground with your hands in the air.
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Isaac Citrom
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I'm not getting this whole allowed to just ignore police thing. So, if a police car is behind me with lights flashing, so long as I don't speed nor break any traffic laws, I can just drive around all day, ignoring the police and not stopping? Then, when the police corner me, I can just refuse to interact with them? And, if they want to arrest me, but I refuse to interact with police, e.g. roll down my window to listen to them, I will not even know I am being arrested and I would be resisting arrest.

You guys, as a country, have lost your minds. Just vote to close down all police departments and policing. That's what BLM wants, after all. In each and every recent case of note, the suspects involved were all arguing and not cooperating with the police. Indeed, they're told over and over again, they don't have to.
.
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Josh
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isaacc wrote:

I'm not getting this whole allowed to just ignore police thing. So, if a police car is behind me with lights flashing, so long as I don't speed nor break any traffic laws, I can just drive around all day, ignoring the police and not stopping? Then, when the police corner me, I can just refuse to interact with them? And, if they want to arrest me, but I refuse to interact with police, e.g. roll down my window to listen to them, I will not even know I am being arrested and I would be resisting arrest.

You guys, as a country, have lost your minds. Just vote to close down all police departments and policing. That's what BLM wants, after all. In each and every recent case of note, the suspects involved were all arguing and not cooperating with the police. Indeed, they're told over and over again, they don't have to.
.


The police can tell you you're under arrest, THEN you have to interact. They can arrest you and not even tell you why unless they question you, and hold you for 24 hours or so.
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J
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isaacc wrote:

I'm not getting this whole allowed to just ignore police thing. So, if a police car is behind me with lights flashing, so long as I don't speed nor break any traffic laws, I can just drive around all day, ignoring the police and not stopping?

Driving is different. We've been talking about on foot. As I posted above: the current state law gives individuals the right to not speak to the police and walk away from them unless charged.
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M. S.
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I can do without the editorializing by TYT. Black men have a reason to flee.. they might find your unlicensed .22 caliber firearm. whistle

TYT gulp
 
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T. Nomad
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Shadrach wrote:
isaacc wrote:

I'm not getting this whole allowed to just ignore police thing. So, if a police car is behind me with lights flashing, so long as I don't speed nor break any traffic laws, I can just drive around all day, ignoring the police and not stopping? Then, when the police corner me, I can just refuse to interact with them? And, if they want to arrest me, but I refuse to interact with police, e.g. roll down my window to listen to them, I will not even know I am being arrested and I would be resisting arrest.

You guys, as a country, have lost your minds. Just vote to close down all police departments and policing. That's what BLM wants, after all. In each and every recent case of note, the suspects involved were all arguing and not cooperating with the police. Indeed, they're told over and over again, they don't have to.
.


The police can tell you you're under arrest, THEN you have to interact. They can arrest you and not even tell you why unless they question you, and hold you for 24 hours or so.

This.
A free citizen should not be obligated to interact with anyone unless they've been arrested.
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Walt
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tommynomad wrote:
A free citizen should not be obligated to interact with anyone unless they've been arrested.

Which, oddly, is when you should say, "I want a lawyer. I assert my Fifth Amendment right to silence." Always.
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Tall_Walt wrote:
tommynomad wrote:
A free citizen should not be obligated to interact with anyone unless they've been arrested.

Which, oddly, is when you should say, "I want a lawyer. I assert my Fifth Amendment right to silence." Always.


Especially if you did it. whistle
 
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Rusty McFisticuffs
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red black wrote:
Tall_Walt wrote:
Which, oddly, is when you should say, "I want a lawyer. I assert my Fifth Amendment right to silence." Always.

Especially if you did it. whistle

No, especially if you didn't do it. Didn't someone just re-post that lawyer's "never talk to police" YouTube video again in the last week or so?
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Ben Foy
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flamespeak wrote:
So is this a straight up race based ruling or does it apply to everyone?

I would imagine, given the context of the ruling, it only applies to one gender of one race, if so, that is more than a little bit unconstitutional isn't it?

Hispanic males? They are fair game. Same for white and Asian males and all females.



This case centers on probable cause for a search. Do you want police to have the right to search you whenever they want?
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kuhrusty wrote:
red black wrote:
Tall_Walt wrote:
Which, oddly, is when you should say, "I want a lawyer. I assert my Fifth Amendment right to silence." Always.

Especially if you did it. whistle

No, especially if you didn't do it. Didn't someone just re-post that lawyer's "never talk to police" YouTube video again in the last week or so?


I know the value of that advice I just think the cynicism is a little over the top and unintentionally humorous in the TYT video. We wouldn't want the police to find out pot after all.
 
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