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07-29-2015, 07:33 AM
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Banned
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Join Date: Nov 2013
Posts: 8,310
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Quote:
Originally Posted by Zeke
Well, she clearly "smokes."
As for her Amendment rights, not a one was violated. The stop ends when the search ends, the search ends when you run out of quantifiable reasons to continue it.
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Wrong. The stop ends when the officer has fulfilled all the activity required for the purpose of the stop. In this case it was writing a ticked for a lane change without signaling (and guess how many white people Encina has pulled over in the past year for making a lane change without signaling). His legal authority to detain her ended right there.
And...
Bland did not refuse a lawful instruction from a police officer, she refused a request. Go watch the fucking video again Zeke. Encina, "Would you mind putting out that cigarette?"...is not an instruction or demand. Mr. Reasonable is making a pleasant little request. She said, "I'm in my car, I don't have to put out my cigarette." She could have said "...go fuck yourself..." and he still would not have had legal cause to order her out of the vehicle. Nobody can force anybody anybody to provide the respect they might feel they are owed, and that includes any cop. The moment he ordered her out of the car her 4th Amendment right to unreasonable detention were violated.
It's too bad it ended up with a fragile woman killing herself. But her rights were violated and if there aren't criminal charges for 4th Amendment violations, the city of Hempstead is going to get hammered in the civil suit.
Last edited by Ike Bana; 07-29-2015 at 08:01 AM.
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07-29-2015, 09:05 AM
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Senior Member
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Join Date: Mar 2013
Location: Sierras
Posts: 15,280
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Quote:
Originally Posted by Zeke
Well, she clearly "smokes."
As for her Amendment rights, not a one was violated. The stop ends when the search ends, the search ends when you run out of quantifiable reasons to continue it.
There were any number of potential reasons to continue observation, including asking her to remove what could be used as a weapon and step out of the car.
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What is the probable cause for a subsequent search? There were no outstanding warrants and she was not impaired. So any action by the rogue cop should have ended after he handed her the ticket.
I would subpoena that county to see how many lane change violation tickets they have handed in the past three years and present this to the jury. Let's face it, this is a white county mountie targeting a black woman driving with out of state plates who took it upon himself to do some 'stop and let me teach her a lesson or two'. And it turned out deadly.
Cop will be fired, county will settle for $millions and a life is lost needlessly.
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The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite. Thomas Jefferson
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07-29-2015, 09:20 AM
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Ready
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Join Date: Oct 2013
Posts: 19,931
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I would like to see a civil rights prosecution that makes it crystal clear that cops do NOT have the right to roust based on 'gut feel.'
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By Any Means Necessary
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07-29-2015, 09:46 AM
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Banned
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Join Date: Nov 2013
Posts: 8,310
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Quote:
Originally Posted by donquixote99
I would like to see a civil rights prosecution that makes it crystal clear that cops do NOT have the right to roust based on 'gut feel.'
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I posted this earlier in the thread... http://www.attn.com/stories/2498/san...-arrest-lawful...don't know if you saw it or not, but it's the best legal analysis I've found of what the requirements are for detention in compliance with the 4th Amendment. Obviously it's not information from a prosecution, but it seems pretty clear to me that regardless of Bland's "attitude" or dangerous cigarette weapon  , Encina should have released her when he went back to the car to give her the ticket, and that when he didn't he was in violation of the 4th Amendment.
And again, Zeke is always talking about "compliance with instructions". Encina did not "instruct" Bland to put out her cigarette, 2:45 in the video... https://www.youtube.com/watch?v=jpSEemvwOn4. He asked her if she would "mind" putting out her cigarette. Bland answered that she did, in fact, "mind." No cause for ordering her out of the car...4th Amendment violation of detention.
Last edited by Ike Bana; 07-29-2015 at 10:02 AM.
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07-29-2015, 11:13 AM
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Sir Lord Vader of Cheam
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Join Date: Nov 2009
Location: Lewiston, ID
Posts: 5,069
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You're all sadly stretching to protect a woman with multiple violations and THC in her system who was driving erratically.
No Amendment issues in any way, stop was good, investigation was not completed, she earned jail and killed herself.
Lesson? Don't be a pot smoking, DUI convicted criminal loser lighting a cigarette in a desperate attempt to NOT smell of Thai Bud.
Step One if you're the officer? Ask for the potential weapon and cover up to be put out. No? Get out of the car. NOW.
Simple, linear, quantitative and qualitative investigation leads directly here.
She was guilty? NO SHIT.
She knew she'd blown it yet again and snuffed herself?
ON HER.
Not only do I not lose sleep over it, I feel safer on the road.
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"American" means calling everyone who disagrees with you a traitor?
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07-29-2015, 11:27 AM
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Persona non grata
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Join Date: Oct 2013
Posts: 12,654
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Quote:
Originally Posted by Zeke
You're all sadly stretching to protect a woman with multiple violations and THC in her system who was driving erratically.
No Amendment issues in any way, stop was good, investigation was not completed, she earned jail and killed herself.
Lesson? Don't be a pot smoking, DUI convicted criminal loser lighting a cigarette in a desperate attempt to NOT smell of Thai Bud.
Step One if you're the officer? Ask for the potential weapon and cover up to be put out. No? Get out of the car. NOW.
Simple, linear, quantitative and qualitative investigation leads directly here.
She was guilty? NO SHIT.
She knew she'd blown it yet again and snuffed herself?
ON HER.
Not only do I not lose sleep over it, I feel safer on the road.
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Howabout you go back to Siberia, where you came from?
http://www.dailymail.co.uk/sciencete...h-reveals.html
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Native Americans actually came from a tiny mountain region in Siberia, DNA research reveals
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__________________
"The enemy of my enemy is my friend."
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07-29-2015, 11:30 AM
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Banned
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Join Date: Nov 2013
Posts: 8,310
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Quote:
Originally Posted by Zeke
You're all sadly stretching to protect a woman with multiple violations and THC in her system who was driving erratically.
No Amendment issues in any way, stop was good, investigation was not completed, she earned jail and killed herself.
Lesson? Don't be a pot smoking, DUI convicted criminal loser lighting a cigarette in a desperate attempt to NOT smell of Thai Bud.
Step One if you're the officer? Ask for the potential weapon and cover up to be put out. No? Get out of the car. NOW.
Simple, linear, quantitative and qualitative investigation leads directly here.
She was guilty? NO SHIT.
She knew she'd blown it yet again and snuffed herself?
ON HER.
Not only do I not lose sleep over it, I feel safer on the road.
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Hell, Zeke, there's not much a guy like you loses any sleep over. You have to care about somebody outside of yourself to lose any sleep over much of anything. Narcissism has it's benefits.
So she killed herself. So fucking what? You're the only one who's stretching Zeke. You're the only one bleating about her killing herself anymore. Because that's not the issue.
The moment Encina "asked" her to put out her cigarette he was in violation of her right to not be detained in excess of the time required to complete the legal action required for her failure to signal. Potential weapon, my ass. It's a bad stop. We have rights Zeke. You obviously don't like it, but that doesn't change it.
Whether or not a civil jury decides to find Encina, the PD, or the city of Hempstead, TX complicit in her death is coming. And we'll see.
Sandra Bland's cigarette is a weapon and we're the one's who are stretching. If it weren't such a pathetic comment I'd be rolling on the floor and laughing my ass off.
Last edited by Ike Bana; 07-30-2015 at 08:51 AM.
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07-29-2015, 11:48 AM
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Senior Member
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Join Date: Mar 2013
Location: Sierras
Posts: 15,280
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Result of the Ferguson case, justified as it may have been deemed yet evidently provoked by a white cop.
Quote:
FERGUSON • In the days following a Department of Justice report accusing Ferguson’s police and municipal court of widespread abuses, the city made a series of conciliatory moves. Three employees involved in racist emails were forced out. The city manager stepped down. So did the police chief and municipal judge.
Less than a month later, on March 27, a City Council that’s been grappling with declining revenues voted unanimously in a closed meeting to hire one of the nation’s most distinguished and highest-paid trial lawyers to navigate what could be a prolonged and expensive reform process.
His name is Dan K. Webb.
The city of Ferguson is paying him $1,335 an hour.
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A bankrupt city slipping into further financial ruin. Then there is the Brown family lawsuit against their PD.
http://www.stltoday.com/news/local/c...7b68a1830.html
__________________
The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite. Thomas Jefferson
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07-31-2015, 08:48 AM
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Persona non grata
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Join Date: Oct 2013
Posts: 12,654
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Quote:
Originally Posted by Zeke
Wow. That's quite the ridiculous and unfounded assumption.
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You can't blow smoke up my ass Zeke.
Cops do shit like that all the time.
I know.
Back in the late 70's and early 80's I took a number of Police Science courses at the local junior college. I had some GI bill credits left and that was back in the day when the GI bill paid more than the cost of going to a junior college. It was like a part time job. I made about half of my mortgage payments for a couple of years. I also got enough credits for an A.S. in Police Science. Most of the people in my classes were cops or wannabe cops and most of the instructors were former law enforcement. So I've spent plenty of time listening to them brag and tell their war stories.
Yeah, that's right Zeke, I got a real good look at the underbelly of cop culture. Do they target people for payback? Absolutely.
They also like to pull up close behind someone and tailgate them to make them nervous so that they will make a mistake and give them an excuse to pull them over.
Yeah, I know quite a bit about the dirty tricks cops use. These two are only the tip of the iceberg.
__________________
"The enemy of my enemy is my friend."
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07-31-2015, 09:38 AM
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Senior Member
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Join Date: Nov 2009
Location: Sonoma County, CA
Posts: 20,496
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Quote:
Originally Posted by Tom Joad
But now on to my real point. Why was he following her in the first place? Here's where I have more suspicions. She made another mistake by making some anti-cop rants on facebook. Showing your ass on facebook is a no no.
I suspect that this may have attracted the attention of law enforcement and that this cop knew exactly who he was following and was doing so with the intent of finding an excuse to pull her over and extracting some payback.
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I think this is a little far-fetched. I seriously doubt that the cop knew of Sandra Bland's FB posts as he followed her. All he knew was she was black and that was more than sufficient.
Now, after she was in custody, I wouldn't be at all surprised if some cot decided to see what he could find out about her online. How do you suppose a police department with a documented reputation for racism would respond to what they learned?
http://www.huffingtonpost.com/entry/...b0a9b948529e30
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Smoke me a kipper. I'll be back for breakfast.
Last edited by Boreas; 07-31-2015 at 09:44 AM.
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