Man Describes How Police in Ferguson Arrested Him for Smoking Cigarette in His Parked Car After Curf

Here is an account of a man(and his girlfriend and her sister) who was at his aunt's house a quarter mile from the Quick Trip. At 2 am they went out to sit in his car to smoke a cig because his aunt doesn't allow smoking in her house. They thought it would be safer to sit in the car, parked in the drive way, than standing around outside. What happens next is insane:

“It was kind of like I was scared to open [my door],” Hampton recalled. There was “maybe five or six cops.” They had a “big SWAT truck.”“I went ahead, and I had my hands up and I put them on the window and he opened up the door and he told his friend to cover his back. Took the gun and pressed my chest with the gun,” Hampton added. Then, his sister and girlfriend got out of the 

In the end...they were charged with failure to disperse.

I don't know if this is legal or not. Regardless, it makes me sick!! The LEOs are allowing looters to steal from business. Then they have the guts to go arrest innocent victims!

There are no words to describe how mad I am!!

Full article here:

Dissenter article

Obviously, the quickest way to stop people from feeling disenfranchised, subjugated and dehumanized is to impose a strictly enforced curfew without letting them have any say about it.

It was his aunts property and they had permission. I hope this gets thrown out of court.

Where are the police in this town that have common sense? Has the implementation of quotas really brought us to this pettyness? This is exactly why quotas don't work.

Talk about an excessive abuse of force. Everyone involved in that PD and it's civic leaders should be ashamed. Dragging someone out of their own car parked in their own driveway on their own property and being charged with violating a curfew...? What the hell. It's not just the curfew either, it's the way their enforcing it.

when the police went into that McDonalds, and arrested the NY times reporter, and the Huff post reporter for trespassing, I knew the police were turgid with excitement over busting some heads that night.

Having read the article and the posting the following can be stated:

If there is a curfew going on in the city, the last thing most should be doing is going out while that curfew is in effect. They should use a bit of common sense and stay under the radar. However, there are a few things that can be stated that actually is disturbing.

It is not those in their cars in drives that we should be worried about. How do you prove you were not going out for a night time ride, or getting in from one? You cannot, and if you were not going anywhere why be in a car in the first place?

But beyond that, the person who was on their porch, that is what is disturbing, they are obviously not in a car, they are at their home and to be dragged out like that, that is what should be the thing to focus on, as it is showing a police force that is too high on its own power and that is starting to cross the line legally. If anything one can see where the police when all is said and done are going to be inundated by lawsuits, and if the police are in the wrong, then perhaps it should be more individual lawsuits and not class action, it will hurt more.

I thought a curfew only applied to public property like streets and sidewalks, I didn`t know it applied to private property.

a reply to: sdcigarpig

But beyond that, the person who was on their porch, that is what is disturbing, they are obviously not in a car, they are at their home and to be dragged out like that, that is what should be the thing to focus on, as it is showing a police force that is too high on its own power and that is starting to cross the line legally. If anything one can see where the police when all is said and done are going to be inundated by lawsuits, and if the police are in the wrong, then perhaps it should be more individual lawsuits and not class action, it will hurt more.

They are not setting any kind of precedence with this behavior!

I know it is easy to forget, but go back to the Boston Bombing and revisit how the police acted/reacted back then......

Americans have allowed this kind of police behavior, because we have been conditioned by the "War on Terror"!

What makes this different is that it is happening in an American neighborhood, and terrorists are not an issue!

Take notice though! The behavior of the police are the same.........

Not to bring up history, but we were warned along time ago about what would happen if we gave up our freedom for safety!

And of course that was a response to the "armed men" intel at the bbg joint, not to the enforcement of the curfew.
This is crazy, have a gun put to you chest for smoking a cig in your car?

Why is anyone standing for these curfews? How are they legal?

originally posted by: jimmyx
when the police went into that McDonalds, and arrested the NY times reporter, and the Huff post reporter for trespassing, I knew the police were turgid with excitement over busting some heads that night.

Yet no heads were busted. As a matter of fact, despite what the media has said, the police have been very restrained. The only violence by the police has been in response to documented violence from people. That police action has been tear gas and rubber bullets/bean bags. How many other riots/looting have you heard about that involved zero incidents of police going in with clubs?

It always cracks me up when people who do not live in the area in question read a few biased articles and decide they are experts.

originally posted by: Iamthatbish
It was his aunts property and they had permission. I hope this gets thrown out of court.

Nope, you have to be at your own residence.
Here is a similar story and the answer from an attorney:
Can I receive an adult curfew charge on private property

A person not at their own residence after hours (private or public property) is in violation of standard curfew restrictions. Harboring a minor by an adult past curfew is a violation, too. You might consider formulating a different defense if you have one.

Well, I don't know about anyone else, but I certainly feel so much safer!

/sarc

Has anyone been arrested for sitting on their porch during this curfew?
Also, was this car parked on the street or in the driveway? Can make a huge diffrence

Did the governor state it was to be 'indoors' or at 'home'. I haven't found an official document stating his order.

Took the gun and pressed my chest with the gun

More over the top action from police toward unarmed citizens. Any wonder people are losing respect.

a reply to: backwherewestarted

So tear gas fired at journalists who were by their truck—reporting—was restrained and in response to their violence?

Or the tear gas fired directly at a resident while he stood in his OWN yard was restrained and in response to his violence?

The roughing up of the two journalists in the MacDonalds was restrained and in response to...what violence, exactly?

I suppose, though, that the police *were* restrained because, even though they had their 50 cal weapons trained on citizens with their hands up, they didn't fire.

And I suppose they were "restrained" because they stood by and watched as business were looted, then turned around and arrested a man in his own aunt's driveway.

Le sigh.

a reply to: roadgravel

That doesn't matter. You can't legally make me go into my house if I'm on my own private property and there is not an active disturbance or that property is not part of an active crime scene. It's private property for a reason.

I've been through this personally. Cop: "Sir, get back inside your residence." Me: "I don't have to go inside. This is my private property, I have a right to be on it." Cop says nothing else.

There is a reason it's PRIVATE property and why we have those rights (although one could argue there is not actual private property, that's another debate).

a reply to: defcon5

I'll take issue with the legality of that, too, that you have to be on your *own* private property.

If I'm visiting my father out of state and a curfew is issued, you better well believe that since I am welcomed and allowed on his property that I can stand in the yard, back porch, or drive way after "curfew" and still be well within my legal right.

If I have guests or a female over who will be staying the night, and a curfew is issued, you better well believe that I'm not the only one who has a right to sit in the driveway or in the yard after curfew. It's my private property, and they have permission to be here—ON my property.

Ridiculous to think it has to be your *own* property as long as you have the permission of the property owner.

For those saying you have to be a resident of said property, simple as of 5 min ago this is my current residence. Problem solved as long as the owner of said property gives consent. Not a damn thing anyone can say or do...