You dont have feee speech if you can be arrested for jokes. (Page 2/18)
fredtoast AUG 02, 05:46 PM

quote
Originally posted by MidEngineManiac:


By refusing to be subjugated by the woke-politically-correct-marxist-left ??? Refusing mandates and forced medical experiments (ever heard of Tuskagee?) By speaking out against them ?




Uh, no. I read the act you posted and none of those things will get you committed for observation.

There is more that you are not telling us. We have all seen plenty of people speak out against the mandates, but they don't get taken into protective custody.

But like I said. It is your choice and choices have consequences.
MidEngineManiac AUG 02, 06:12 PM

quote
Originally posted by fredtoast:

Uh, no. I read the act you posted and none of those things will get you committed for observation.

There is more that you are not telling us. We have all seen plenty of people speak out against the mandates, but they don't get taken into protective custody.

But like I said. It is your choice and choices have consequences.



It starts with putting local cops back in their place and reminding them who is boss when it comes to thoughts and words. Or when, where and who I can hang out with.

They dont like that too much. Seems they have an authoritarian attitude problem. Fools think they are in charge. Yeh, right.
82-T/A [At Work] AUG 02, 07:28 PM

quote
Originally posted by fredtoast:

Want a definition of "privilege"?

How about "Whines about being a victim when police cite other party"




I called the police, the van driver backed into me while I was stopped. That's not privilege, it was the only legal action they could make... which they reluctantly made only after trying a different path.
fredtoast AUG 03, 08:42 AM

quote
Originally posted by 82-T/A [At Work]:
I called the police, the van driver backed into me while I was stopped. That's not privilege, it was the only legal action they could make... which they reluctantly made only after trying a different path.




My point obviously went over your head. When most people talk about suing the police they were the victim of the police doing something that they were not justified in doing like lying to make an illegal arrest or using excessive force.

As a privileged white man you want to try and play the victim when they police cited the proper person, did not file any false reports, and did not use excessive force. It is like the Karen who wants to sue someone for giving her a nasty look.

What damages would you claim?
MidEngineManiac AUG 03, 08:48 AM

quote
Originally posted by fredtoast:

As a privileged white man




WOW.....

Ya lost me right there.

I dont even know what to type, besides F.O. you racist bastard.

"Privalaged white men" dont owe you, or the feminazis, or the walking freak-shows or anybody else....ONE DAMN THING.
82-T/A [At Work] AUG 03, 09:12 AM

quote
Originally posted by fredtoast:
My point obviously went over your head. When most people talk about suing the police they were the victim of the police doing something that they were not justified in doing like lying to make an illegal arrest or using excessive force.

As a privileged white man you want to try and play the victim when they police cited the proper person, did not file any false reports, and did not use excessive force. It is like the Karen who wants to sue someone for giving her a nasty look.

What damages would you claim?




For one, I'm actually Hispanic, so yes... that technically makes me white, because Hispanic is not a race, and I come from a European-based South American lineage (rather than African or Native American) in that case. But... just for full disclosure.

The 4th Amendment protects against improper search and seizure. Florida also has some additional laws in place that protect against unreasonable and warrant-less searches. Police must have "probable cause" in order to search a vehicle. His "probable cause" was that he smelled marijuana coming from my car. Probable cause is more strict in Florida, and further in Broward County, in that it must more generally be connected with a crime, or subject to the "Plain View Doctrine" which I'm sure you're aware of. In Florida, the officer bears the burden of proof to show a preponderance of evidence for probable cause. Simply "smelling something" and failing to show why, shows err on his part.

I neither consented to the search, and there was nothing in plain view. To that point, I expressly stated they did not have permission to search my car, and they did not find any contraband because I've never used illegal drugs in my life. They also detained me (as it was expressed to us), that we had to sit on the curb and stay there, or we would be handcuffed. No crime was stated, and no reason was given. Furthermore, they found a steering wheel from a fully loaded Pontiac 6000 STE (that had all the radio controls) and they asked me if this was from a stolen car (accused me). They also broke the seat retract handle on both of my seats (negligence).

Incidentally, I'm not the first person this has happened to in Davie, which was a solid Democrat redneck town at the time in ~1997. The Davie Police department a couple of years later was raided by the FBI for (if I can remember correctly), using the drugs they were confiscating, and taking bribes. This is not to say that I do not support the police, but it doesn't mean I have to like it when a few bad apples do bad things.

EDIT: To answer your question... the lawsuit would be a tort. As the tortfeaser, they:
- Performed undo harm to my reputation (neighbors saw me sitting on the curb while my car was searched)
- Caused emotional stress and negligence

All of this could be supplemented by the fact that both myself and my friend (who was with me in the car) both overheard the police officer saying to the guys in the van "don't worry, I'll take care of this."

[This message has been edited by 82-T/A [At Work] (edited 08-03-2023).]

fredtoast AUG 03, 07:05 PM

quote
Originally posted by 82-T/A [At Work]:
For one, I'm actually Hispanic, so yes... that technically makes me white, because Hispanic is not a race, and I come from a European-based South American lineage (rather than African or Native American) in that case. But... just for full disclosure.

The 4th Amendment protects against improper search and seizure. Florida also has some additional laws in place that protect against unreasonable and warrant-less searches. Police must have "probable cause" in order to search a vehicle. His "probable cause" was that he smelled marijuana coming from my car. Probable cause is more strict in Florida, and further in Broward County, in that it must more generally be connected with a crime, or subject to the "Plain View Doctrine" which I'm sure you're aware of. In Florida, the officer bears the burden of proof to show a preponderance of evidence for probable cause. Simply "smelling something" and failing to show why, shows err on his part.

I neither consented to the search, and there was nothing in plain view. To that point, I expressly stated they did not have permission to search my car, and they did not find any contraband because I've never used illegal drugs in my life. They also detained me (as it was expressed to us), that we had to sit on the curb and stay there, or we would be handcuffed. No crime was stated, and no reason was given. Furthermore, they found a steering wheel from a fully loaded Pontiac 6000 STE (that had all the radio controls) and they asked me if this was from a stolen car (accused me). They also broke the seat retract handle on both of my seats (negligence).

Incidentally, I'm not the first person this has happened to in Davie, which was a solid Democrat redneck town at the time in ~1997. The Davie Police department a couple of years later was raided by the FBI for (if I can remember correctly), using the drugs they were confiscating, and taking bribes. This is not to say that I do not support the police, but it doesn't mean I have to like it when a few bad apples do bad things.

EDIT: To answer your question... the lawsuit would be a tort. As the tortfeaser, they:
- Performed undo harm to my reputation (neighbors saw me sitting on the curb while my car was searched)
- Caused emotional stress and negligence

All of this could be supplemented by the fact that both myself and my friend (who was with me in the car) both overheard the police officer saying to the guys in the van "don't worry, I'll take care of this."





Sorry, but you lose. As recently as 2021 the Circuit courts in Florida (Owens v Florida, 2nd District) have continued to uphold an officers right to conduct a search based on the smell of marijuana (at least in a car)

Good thing you all have an attorney here to explain this stuff to you. This issue has been challenged in most states that have legalized marijuana, and it may change the grounds for probably cause in a residence, but the Florida court ruled that even though medicinal marijuana is legal in the State it is still not legal to smoke it while driving.
fredtoast AUG 03, 07:19 PM

quote
Originally posted by 82-T/A [At Work]:

All of this could be supplemented by the fact that both myself and my friend (who was with me in the car) both overheard the police officer saying to the guys in the van "don't worry, I'll take care of this."





Privilege = Believing that a cop will get in trouble because you and your friend claim that you heard him say he was going to harass you.

No person of color would ever even think of saying something like this.
randye AUG 03, 08:02 PM

quote
Originally posted by fredtoast:
Sorry, but you lose. As recently as 2021 the Circuit courts in Florida (Owens v Florida, 2nd District) have continued to uphold an officers right to conduct a search based on the smell of marijuana (at least in a car)

Good thing you all have an attorney here to explain this stuff to you. This issue has been challenged in most states that have legalized marijuana, and it may change the grounds for probably cause in a residence, but the Florida court ruled that even though medicinal marijuana is legal in the State it is still not legal to smoke it while driving.





Image how much better off we would be if we actually had an "attorney" that knew a Circuit Court from a DCA.

I don't know how it is in your benighted little corner of Appalachia, but here in Florida our Circuit Courts only have persuasive authority with our DCAs.

When you arrogantly and loudly strutted into this forum weeks ago it never once occurred to you that you might not be the only one with a JD here......assuming that you actually have earned a JD and actively practice law.

You also certainly haven't been reluctant to infer, and even claim, that others here do not possess the "marvelous intellect" and education that you continually claim to have, which is astonishing considering how "larval" your tenure here is and consequently how deficient your knowledge of individual member's academic and professional achievement and experience.

A prudent duck would have attempted to get a good measure of the size of the pond and the other ducks before deciding that he is the "big duck" in it.

[This message has been edited by randye (edited 08-03-2023).]

ray b AUG 03, 11:31 PM
arrogance is NOT a virtue