Man Arrested For Drinking Ice Tea in Parking Lot

Originally posted by defcon5
1) Was he there to do business?... No

So you assume.

2) Was he loitering?... Yes

No.

3) Was he trespassing?... Yes

Eeh... again no.

4) Did he refuse to comply with a Terry Stop?...Yes

Bs. There was no reasonable suspicion or anything even close to that. Just because a cop or whoever tells you to jump doesn't mean you need to.

5) Did he resist arrest?...Yes

Hardly considering that he would've been well within his rights to kill the cop on the spot for assaulting him.

And that video showed all that? I think not.

I think this cop is a little confused about what constitutes trespassing. They're on private property, the only person that can ask them to leave is the business owner. So unless the cop was called out by the liquor store he's standing in front of (unlikely given that the cop is out of uniform), or the business owner, no trespassing occurred. I smell a lawsuit... arresting someone for a crime they didnt commit in response to being embarrassed about accusing him of another crime that he also did not commit. All on tape.

To all of you saying he should've just given him the drink, I agree that it would've turned out better all around if he had... But how would you react to some guy approaching you aggressively, demanding to see your drink and throwing around accusations, all before identifying himself as a cop. Its not like the cop walked up and immediately identified himself. What's next we have to turn over our cigarettes over to them too because we "could" be smoking weed?

Sooo many expert lawyers and seasoned judges stating what is law and illegal...

Many also stating that they aren't racist, but choose to bring up race.

A ton of speculation on what we don't 'see' from the vids as a justification for the involved actions.

All we know is what the vids show us...which is a man getting arrested for drinking a Arizona tea drink...in front of a liquor store...being filmed for an unknown reason.

Leaving speculation aside, the man did nothing wrong. It would have been the same no matter what his skin color is.

And those of you who say all cops are pigs...they are usually the ones you rely on protecting the ones you love when you are away on business. No need to be prejudice against all cops because a couple are dumb.

I really hope the judge drops the charges against the man. I hope the po-lease guy gets some sensitivity training.

No one got punched, or tazzed, or pistol hwhipped.

In the end it was just two guys with chips on their shoulders. No winners, both losers IMO.

reply to post by defcon5


Btw, in case you didn't read the video description.

Fayeteville North Carolina waiting for Money Mal to come so that they could purchase some liquor.

Originally posted by PsykoOps
How do you recon that he didn't intent to go and do his business after his friends arrived?

I'll bet you dollars to doughnuts that this guy has a history with this property, and that is why he was there to push his luck and film it to begin with.

Did you notice that their reason for “waiting for their friend” was to “make a movie”?

Originally posted by PsykoOps
People have been arrested for tresspassing on their own property.

I'd love to see something about this.
Most likely it ends up being someone who “claims” ownership, but doesn't really have any, such as a “live in” boy/girlfriend or someone evicted for a foreclosure. In most such cases when the officer gets the suspect in the car and gets the other side of the story, they will be released with the “complainant” being told that its a “civil matter” that needs to be legally taken up through the court system.

Originally posted by Illuminaughty8
I think this cop is a little confused about what constitutes trespassing. They're on private property, the only person that can ask them to leave is the business owner. So unless the cop was called out by the liquor store he's standing in front of (unlikely given that the cop is out of uniform), or the business owner, no trespassing occurred.

Many private businesses will hire “off duty” officer to police their premises.
They have all the rights of being an on duty officer, but they are paid by the business owner. This happens a lot down here in high traffic areas, such a malls, and in high crime areas such as bars and... hm... liquor stores.

Originally posted by defcon5

The following is my opinion as a member participating in this discussion.

It hurts the private business to have questionable looking folks standing in front of their storefront, and they will hire “off duty” officers to police those areas to deal with the problem. People do not want to patronize a business if they have to walk past loitering obnoxious folks, playing loud music, and acting like thugs in the parking lot. This guy was even going so far as to stand there drinking from his “tall can”, and “dressing” his pants, to look the part.

.

As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.

Questionable looking folks? You mean black folks?

These guys were doing nothing "Obnoxious"!

Is playing loud music a crime? You ever seen an ice cream truck? They should lock these guys up too i guess?

Acting like thugs? You mean like Joe Pesci and Robert Deniro? Absurd. These guys weren't bothering anyone.

Drinking from his tall can? (of tea!!!!!!) So your saying there is something wrong with drinking a tall can of tea????

And dressing his pants? (WTH does that even mean?)
I'll assume you mean sagging. I wear baggy jeans, because it's comfortable. So is baggy jeans a crime?
Should i wear tight skinny jeans to please you and the law?

In my opinion you and that cop are scared of black people, rather jealous or intimidated by them.

Because there is no logical explanation one could come to such ridiculous conclusions!

Except out of hate. Thus the word "Hater"

And no I'm not black.

These guys were doing absolutely nothing wrong! Any justification that they were makes you just as guilty in the transformation of America into a Nazi police state as the Nazi's themselves!

It's what you want, a society where you can't go anywhere or do anything without being harassed by some power drunk Nazi w/ a badge.

But it will come full circle ...and this madness that you create and fuel will soon be at your doorstep.

And you know what the people will say.... "aaahhhh he deserved it... did you see the way he was wearing his pants" "and i bet that was lemonade he was drinking" "

This site's motto is to "Deny Ignorance"

But i see it widely accepted.

Its in the real news now:
Viral video: Man arrested outside Fayetteville ABC store

IN the video an Alcoholic Beverage Control Law Enforcement officer in plain clothes approaches the man in the parking lot to ask about the beverage. Thursday afternoon the Cumberland County ABC Board Law Enforcement identified the officer as Rick Libero. ABC Law Enforcement identified the man as Christopher Lamont Beatty Junior.

ABC Law Enforcement said Beatty was arrested and charged with trespassing and resisting, delaying and obstructing a law enforcement officer. Beatty was given a $2,000 secured bond. His first scheduled court appearance is June 6.
The news release from ABC Law Enforcement made no mention of Beatty having an alcoholic beverage.

Guess we'll find out soon if the cop was in the right or the wrong...

Originally posted by kimish
OK, bs. How hard is it to put alcohol into an open can?? Not hard at all. To my knowledge carrying an open alcohol container in public is illegal. All that X had to do was let the officer smell the can. Instead he was defiant. This is why many people get arrested for petty stuff, they're stupid and try pressing their luck.
Chances are that X has a rap sheet as long as his leg too. SMh.

ETA: Arizona tea is also popular in many subcultures. Codeine (illegal without prescription/or illegal to abuse) is used in the tea. OP< I know you are aware of this so stop the race baiting.

Originally posted by ReAwakened
Questionable looking folks? You mean black folks?

I don't care if they are white, black, or purple, when they are trying to look “gangster” then they are going to attract that type of attention.

Originally posted by ReAwakened
These guys were doing nothing "Obnoxious"!

He's talking trash laced with tons of obscenity, and he IS blaring the car stereo despite the attempt to cover that point up by adding additional music to the video.

Originally posted by ReAwakened
Is playing loud music a crime?

In many states, yes it is.
If they are causing a disterbance in a place of business, then that business has a right to put a stop to them.

Originally posted by ReAwakened
Drinking from his tall can? (of tea!!!!!!) So your saying there is something wrong with drinking a tall can of tea????

Was very thoroughly addressed in the second or so post in this thread.

Originally posted by ReAwakened
And dressing his pants? (WTH does that even mean?)
I'll assume you mean sagging. I wear baggy jeans, because it's comfortable. So is baggy jeans a crime?

I meant “housing”, and it's done because it is a 'gang' thing, not because its comfortable. It actually started in the prisons and meant that someone was a willing to engage in certain sexual activity.

Originally posted by ReAwakened
These guys were doing absolutely nothing wrong!

They are on a businesses property and not there to do business, which is a crime all by itself.

You do your business and you leave in a reasonable time. This guy was not doing business in there, which came up in the video, he was there waiting on someone.

The video does not show how long he was there before he was approached by the officer. It also does not rule out that he was doing business there. He says that his can was purchased at another store, but his passenger may have made a purchase. He may have been intending to make a purchase but was finishing his drink and chatting with a friend. I don't know what happened before the video starts, how long he was there, or what his intentions were but neither do you. I'm not arguing that the guy is completely innocent, just that the assumption of guilt based on his appearance is unfair based on what we can see in the video.

[A] Terry v. Ohio
Terry v. Ohio, 392 U.S. 1 (1968), made constitutionally permissible warrantless searches and seizures in limited circumstances. The Supreme Court ruled that in determining whether the Warrant and Probable Cause clauses of the Fourth Amendment apply to a given search and/or seizure, the “central inquiry” is the reasonableness of the government's activity under the circumstances; “reasonableness” is assessed by balancing the need to search or seize against the invasion the search or seizure entails. This is known as the “reasonableness balancing” test. [See § 3.02 for further discussion of Terry v. Ohio.]

I don't consider can sniffing or burrito inspections to be reasonable, but I suppose its debatable.

You need to watch that again. Its VERY clear that he resists the officer putting the cuffs on him. That is resisting arrest.

I just watched it again, and admit that there is a tiny bit of resistance before the takedown, but nothing beyond what I would expect from someone who is being verbally harassed and physically attacked. I concede that its a judgement call that could go either way, but I wouldn't call it "VERY clear" resistance.

Because the officer was already engaged with another issue when that guy entered the area. The officer can only deal with one person at a time, and once an officer is making an arrest he cannot just stop to go arrest someone else.

My point was that the officer prioritizes the tea drinker over the stumbling wasted junky, which is illogical at best.

Regarding the music being added during editing:

Why is this obvious?

Because there is no variation in tone as the camera moves relative to the car, and because of the intertitles.

*edit* If music was playing but was covered by the overlayed music in the video then it couldn't have been louder than their voices. At the beginning of the video he is speaking at a conversational level to the cameraman.

Use your own common sense. Were they acting “gangster”, then most would consider that to be thuggish behavior, including all business owners that I know.

I am using my own common sense, but I'm not seeing anything that indicates gang affiliation. He makes no mention of a gang, throws no signs, makes no threats towards anyone, and was not in possession of contraband. So, again, what do you mean by this? Pretend for a moment that I have no common sense (I know, too easy) and spell it out for me.

He was in that parking lot to wait for a friend, not do commerce with any of the businesses there, and therefore had no reason or right to be on that property. That is loitering and trespassing, regardless of any other issues involved he was already breaking the law from the start.

The law that he was charged with violating:

NC § 14-159.13. Second degree trespass.
(a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

According to this, a person is not guilty of loitering until he is told to leave and refuses to do so. If you remove the intertitles approximately 30 seconds passes between being told to leave the property and the beginning of the arrest. This makes my earlier point about being told that he has 5 seconds to leave moot, because he was told earlier than I realized. That said, I'm don't think a person should be arrested for a total of 30 seconds of loitering

Originally posted by Illuminaughty8
I think this cop is a little confused about what constitutes trespassing. They're on private property, the only person that can ask them to leave is the business owner. So unless the cop was called out by the liquor store he's standing in front of (unlikely given that the cop is out of uniform), or the business owner, no trespassing occurred. I smell a lawsuit... arresting someone for a crime they didnt commit in response to being embarrassed about accusing him of another crime that he also did not commit. All on tape.

To all of you saying he should've just given him the drink, I agree that it would've turned out better all around if he had... But how would you react to some guy approaching you aggressively, demanding to see your drink and throwing around accusations, all before identifying himself as a cop. Its not like the cop walked up and immediately identified himself. What's next we have to turn over our cigarettes over to them too because we "could" be smoking weed?

Unless you know the laws of SC...I'm going to assume not. Means you know squat as to what constitutes second degree trespassing let alone the different levels of trespassing...I'm still researching it myself as I frequent that area every now and then.

If a random guy approached me while in the parking lot of my local liquor store...my hand would be on my carry weapon and I would tell that fool not to come any closer. If that fool stated he was police, I'd reply with me placing my suspected drink into my vehicle and demanding his name as I call the city police...which I have on my phone from an incident a few years back. ...for anyone to allow a crazy acting fool to get up in their face is a dummy in my book.

You can still call 911 if you feel threatened. You can even file complaints against abusive officers...but most respond to abuse with jackassery. Off topic, that slow moving lawman in the left lane is a prime candidate for a complaint or that squad car that is riding your bumper also a candidate. Cops are people and people mess up all the time.

In a nutshell, if you act civilized you get a civilized response. If you act like a J-Hole, you get the J-Hole treatment.

Originally posted by defcon5

I don't care if they are white, black, or purple, when they are trying to look “gangster” then they are going to attract that type of attention.

Funny thing that you mention “Gangsters”

Because all the ones that I am worried about are dressed in "fancy suits."

Can you see why you are being called a racist?

Maybe it wasn’t meant like that, but I am sure a lot of people will take it that way.

Where have I heard this before:

Viral video of man's arrest outside Fayetteville liquor store stirs controversy
Lawyers who practice criminal and civil rights law said it's not clear from the arrest video or a second related video (which shows the man being put into a police car), whether the officer was right or wrong. They said they needed more information about the circumstances that could have been left out of the videos, such as whether there had been problems or complaints of people illegally drinking alcoholic beverages in the parking lot.

A statement from ABC Law Enforcement Chief Bill Belvin said that despite Beatty's assertion that he was drinking a non-alcoholic beverage, "the officer still had suspicions based on previous experience, and asked to examine the can more closely to determine if alcohol was present."

Oh, yeah...

Originally posted by defcon5
The fact that the business had an “off duty” or “undercover” police officer on the lot tells that they have had problems in that area with drinking and loitering already.

The incident was in the parking lot of a Cumberland County ABC store on Morganton Road, across from Cross Creek Mall. Libero's agency handles law enforcement for the county ABC Board.

Once Libero has Beatty handcuffed, he orders the videographer off the property. The videographer, still recording, argues but walks away and gets into a car. The video next shows him exiting the car from a neighboring parking lot to continue shooting Beatty's arrest.

Funny that since the officer was supposedly “acting outside his authority to arrest on THAT property” that he wouldn't just go to the other parking lot and arrest the other guy as well?
I guess that means he must have had authority to trespass someone ONLY in the parking lot of the ABC liquor store....

Gee...Where have I heard that before?

Originally posted by defcon5
The officer quite clearly stated he was “trespassing” and needed to leave the property.
The officer cannot “trespass” anyone off private property without the consent of the owner or agent.

Even the ACLU isn't touching this one yet and suspects the video to be edited...

Lawyers David Courie of Fayetteville and Raul Pinto of the American Civil Liberties Union office in Raleigh said they would need to know more about the circumstances before they could say whether Libero had a valid reason to stop and arrest Beatty.
Courie noted the seemingly drunk man who walked through in the middle of the encounter. The store may have a problem with drunk people in its parking lot, he said.

"It seemed like it was a search," Pinto said. But he noted that the video appears to have been edited, and he doesn't know what key information was left out.
"Without all of the facts as to what could have happened prior to the encounter, that those facts could arise to probable cause, we just don't know enough to make that determination," Pinto said. "These inquiries are very fact specific.

Originally posted by defcon5

The following is my opinion as a member participating in this discussion.

It hurts the private business to have questionable looking folks standing in front of their storefront, and they will hire “off duty” officers to police those areas to deal with the problem. People do not want to patronize a business if they have to walk past loitering obnoxious folks, playing loud music, and acting like thugs in the parking lot. This guy was even going so far as to stand there drinking from his “tall can”, and “dressing” his pants, to look the part.

.

As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.

Woowoowowwowowowwwwwwwwww. Your true colors are shining through.

Originally posted by IntrinsicMotivation
Funny thing that you mention “Gangsters”

Because all the ones that I am worried about are dressed in "fancy suits."

Can you see why you are being called a racist?

Maybe it wasn’t meant like that, but I am sure a lot of people will take it that way.

reply to post by garbageface

Folks who want to look “gangster” are going to be associated with “gangsters”...
Look up the definition of “gangster” and you'll see that its associated with crime by its very definition.

Originally posted by defcon5

Originally posted by IntrinsicMotivation
Funny thing that you mention “Gangsters”

Because all the ones that I am worried about are dressed in "fancy suits."

Can you see why you are being called a racist?

Maybe it wasn’t meant like that, but I am sure a lot of people will take it that way.

The following is my opinion as a member participating in this discussion.

Only people claiming race as an issue are those who have a problem with race themselves.
I've seen plenty of White or Spanish people who fit the exact same description.
Its about a “lifestyle” choice as to how someone presents themselves, not their color.

There are no color limits on those who want to portray the “gangster” lifestyle, and the “gangster” lifestyle generally is associated with crime.

As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.

The following is anybody's opinion that reads what you've been writing:

You're a complete and total racist. You're only digging deeper.

Originally posted by defcon5

Originally posted by ReAwakened
Questionable looking folks? You mean black folks?

I don't care if they are white, black, or purple, when they are trying to look “gangster” then they are going to attract that type of attention.

Dude Seriously! .....trying to look Gangster? Please define this for me?

You mean wearing a baseball cap? w/ jeans and tennis shoes! That's today's style man!

How should he dress? Like Barry Manilow?

I'm seriously disturbed that there are people out there that think like this!

You can defend the deplorable behavior of that wannabe Nazi all you want. But wrong is wrong.

It's really sad with all the real crimes & violence taking place you stand up to defend the arrest and assault of a guy waiting on a friend & drinking tea from a tall can.