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interference with public duties:
If a police officer is performing his or her duties and the actor purposefully disrupts an operation, he or she can be charged with interference with public duties. This can include acts such as striking an officer, giving false information in the middle of an officer’s operation, or simply physically being in the way with the intent of impending an officer’s duties.
Reasonable Suspicion:
Reasonable suspicion is a legal standard in United States law, that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in criminal activity; such suspicion is not a mere hunch. Police may also, based solely on reasonable suspicion of a threat to safety, frisk a suspect for weapons, but not for contraband like drugs. A combination of particular facts, even if individually innocuous, can form the basis of reasonable suspicion.
Officer Safety is Always Key
As a general rule — consult your agency P&Ps for your own specific guidelines — a civilian may record a police officer’s activity as long as they:
1.) remain at a reasonable distance, and
2.) don’t interfere with the officers’ duties or create a safety concern for the officer, person detained, or another onlooker
Meanwhile — and again, this is merely a general rule! — based on the totality of the facts surrounding the event, the officer should consider the arrest of the person for the appropriate section if the person:
1.)refuses to stay at a reasonable distance, or
2.) creates through their actions a reasonable safety concern
Originally posted by ateuprto
reply to post by vermonster
Again you take a passive-aggressive swipe at me on a completely unrelated subject. You must feel so good knowing how righteous and all-knowing you are. I take it you are from Vermont from your name. You are doing so much to help this world by sitting back bitching about Henry Kissinger from your armchair and assumabley air-conditioned home.
I'm not here defending porky pig or their ignorance in the matter. I am defending COMMON SENSE. There are many good LEO's in the world, and you would certainly not enjoy living in this country without them. Many have been killed in the line of duty over much less. If an officer is making a routine traffic stop and someone decides to park their car, walk over directly behind him and has a weapon in reach, should he just keep his back turned?
Time to come back to reality, everything isn't such a picture-perfect black and white, right and wrong scenario as you seem to picture it in your head. Furthermore, you make assumptions about people and situations you obviously know NOTHING about. I hope it's enjoyable living in your own little world where you know everything.
Originally posted by Lemon.Fresh
BUT, having a gun (ESPECIALLY in an open carry state) and a recording device in itself, does not constitute reasonable suspicion.
Originally posted by AwakeinNM
Originally posted by AeonStorm
Originally posted by AwakeinNM
Originally posted by Question Fate
Originally posted by vermonster
This is a great example of an American exercising his rights in a police state. He acts calmly even when the officers lie about the law. I think, whether you believe in open carry or not, this is a great example of someone not letting power hungry jackbooted thugs speak like they are anything but, unintelligent underpaid goons.
It's about 10 minutes, enjoy the show.
VIDEO VIDEO VIDEO VIDEO
ps The City of Santa Fe should be ashamed of the first officer. I doubt his high school diploma is legit.
verm
edit on July 12th 2011 by greeneyedleo because: (no reason given)
although pete was in the right, its not a good idea to walk up on a traffic stop out of the blue with a gun. whole situation couldve been handled better on both sides.
You're out walking while open-carrying and you come up on a traffic stop. What do you think a better idea would be, take your gun and toss it into some bushes? Now wouldn't THAT look suspicious?
Doesn't matter if it's a good idea or not - he wasn't breaking any laws.
You're kidding right??? He should have left his weapon is his vehicle if he was planning to talk to the police directly!
Would YOU approach the police with a weapon in plain sight if all you planned to do was to talk to them about their actions??
YOU are kidding, right? Did you even watch the video? Did the cop act like he felt threatened to you? After he walks up on the cop and then backs away as requested, the cop walks to his cruiser with HIS BACK TURNED. Not something someone who felt threatened would do. He just got an itch to be a supreme A-hole and harass this guy after the fact.
And yes, I would. And I have.
Originally posted by Strype
Originally posted by Question Fate
although pete was in the right, its not a good idea to walk up on a traffic stop out of the blue with a gun. whole situation couldve been handled better on both sides.
I think it's quite obvious that a point was being made here. I also think "Pete" handled the situation perfectly. In fact, I think more people should do exactly as "Pete" did in this video. If this is what it takes to show the police that they are NOT any better than an average citizen, then so be it. The past few years have taken police rights to a whole new level. As you can see in this video, they love to abuse "false premise," under the guise of "safety." This is not police work, this is systematical abuse. It's as simple as that. I'm extremely sorry if you're unable to see through the garbage. Do you wear a badge yourself, perhaps?
Cheers,
Strype
Originally posted by defcon5
No, guys like this, who push their luck trying to create problems by pushing their rights will most certainly ensure that the states revoke those rights due to their abuse.