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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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LATE ON A BALMY Saturday night last June, six Fort Worth cops and two officers from the Texas Alcoholic Beverage Commission went looking for trouble. They had just raided two Hispanic bars in an industrial stretch of town and nine detainees now sat in the paddy wagon (pdf), hands bound with plastic ties. The rest of the city's bars would soon shut down. It seemed like the night was over, except for the paperwork. Then Sergeant Richard Morris had an idea. "Hey," he said. "Let's go to the Rainbow Lounge."
A half-dozen police cruisers, an unmarked sedan, and the prisoner van slid to a stop in front of the Rainbow Lounge, Fort Worth's newest gay club, at about 1:30 a.m. on June 28, 2009—40 years, almost down to the minute, after New York City police raided the Stonewall Inn with billy clubs and bullhorns. Inside the bar, the officers fanned out, grabbing and arresting six patrons for public intoxication. Benjamin Guttery, a 24-year-old Army vet, says an officer told him to put down his drink, then "bulldozed" him through the crowd to the paddy wagon but then let him go. "I'm 6'8", 250 pounds, and I had just finished my second drink," Guttery told a local reporter. "I might have had enough to have a loose tongue, but not a loose walk or anything like that." Another man alleges that he was slammed against a wall, elbowed, and fell on the ground, landing him in intensive care for a week with bleeding in his brain. He was charged with public intoxication and assault. |
more @ the links:
http://current.com/items/92229693_cop-walks-into-a-bar-and-arrests-you-for-having-a-drink.htm
http://motherjones.com/politics/2010/03/texas-racist-laws-drinking-while-brown
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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FNJ
2010 SLF Tag Champ
Joined: Jun 07 2006
Posts: 12294
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this seems kinda weird to me. how is drinking in a bar public intoxication? I thought that was being out in teh street drinking.
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LowEndLem
Title: Not Gay
Joined: Mar 19 2009
Location: Illinois
Posts: 966
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Exactly. They're fucking people over.
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 <docinsano>i beat off using save states
<Tako> But, brontosaurs ate plants. It wouldn't be a threat to Jesus.
Why? Fuck you, that's why. |
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Pandajuice
Title: The Power of Grayskull
Joined: Oct 30 2008
Location: US and UK
Posts: 2649
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That read like a really bad short story intended to expose the seedy underbelly of society's undying prejudicial morays. I have my doubts that it actually happened especially from a rag called "Mother Jones" whose whole purpose is to "report" on edgy topics.
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Godofhardcore
Joined: Feb 22 2010
Posts: 351
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since Texas is a lawless land...I'd kill them in self defense finish my drink and be in mexico by morning then cross back over in Arizona.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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Technically, you are not supposed to get so drunk in public that you're clearly intoxicated, even in a bar. It's also not legal to serve to someone who is clearly intoxicated.
That doesn't justify cops going into a bar and looking for drunk people to arrest, and they clearly weren't doing that...they were just going in to cause trouble and start some shit.
However, I very, very, very highly doubt the veracity of this story. I don't think it's an outright fabrication, but it is definitely highly biased. I think there are some very large details being left out.
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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| UsaSatsui wrote: |
| However, I very, very, very highly doubt the veracity of this story. I don't think it's an outright fabrication, but it is definitely highly biased. I think there are some very large details being left out. |
i agree w/this.
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
Posts: 24887
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A bar is a private establishment. It is not public.
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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| Syd Lexia wrote: |
| A bar is a private establishment. It is not public. |
that was my impression as well. but it is texas, and they have their own shit down there
and i think if the door is open to the bar, then anyone can be allowed in. but if its a closed door, the cops need permission to enter and arrest. or something like that.
EDIT: either that, or they have some sort of special privilege given to them. maybe a loophole.
down here in AZ, the MCSO (maricopa county sheriff's office) has a 287(g) (not sure what that stands for) agreement w/ICE (immigration and customs enforcement) agencies. so, that means that if i get pulled over by an MCSO cop who is ICE trained, he can question my citizenship status.
in theory, thats not bad. you know, deport the criminals. but they use that privilege to arrest and detain anyone & everyone they feel like. from the lowly landscaper who has done nothing wrong, to the popsicle vendor walking down the street, or the corn vendor, or even a mom just going grocery shopping. its such crap really.
in fact, here's a story about that. it starts about halfway down the page:
http://www.phoenixnewtimes.com/2010-02-11/news/no-room-for-arpaio-at-the-wells-fargo-inn-and-a-hispanic-homemaker-bears-witness-against-ice-and-mcso/
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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stretchwookie
Title: The Emperor
Joined: Feb 26 2010
Location: Glendale, AZ
Posts: 32
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While it that does give authorities who are ICE trained the ability to question citizenship, it does not change the fact that 100% of all arrests made were based on other laws broken. Illegal Immigration status was determined during background/ID checks. I agree they shouldnt abuse it, but as I too live in Phx, i am glad they are arresting CRIMINALS, not illegal aliens. there just happens to be a correlation between the two. Every illegal arrested, has been a criminal.
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 America: A country where people believe the Moon Landing was a hoax and Pro Wrestling is real. |
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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| Syd Lexia wrote: |
| A bar is a private establishment. It is not public. |
It is a location open to the public (minus age restriction). Therefore, if you're intoxicated there, you're intoxicated in public.
Public property can, and often is, privately owned.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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All I can think of is that one Ron White joke..."hey! I was drunk, in A BAR! The bouncers THREW me into Pub-lick! I WANT to be drunk in the BAR!"
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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Alowishus
Joined: Aug 04 2009
Posts: 2515
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| Syd Lexia wrote: |
| A bar is a private establishment. It is not public. |
In bars here being the typical Irish we tend to overdrink.
Bars will refuse to serve you if you look too drunk or even not allow admission into the bar.
I've never seen anyone getting arrested for being drunk but i have seen people getting thrown out of bars by the bouncers cause they were too drunk.
I had a friend who was really drunk, like passing out and the bouncer said to me that he had to leave cause he was THAT drunk. That night was one of the worst nights of my life but that's a different story.
Out on the street though like others have said the police can easily scoop you up.
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Doddsino
Joined: Oct 01 2009
Posts: 5316
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Bwahaha...that's funny shit
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Knyte
2010 SLF Tag Champ*
Title: Curator Of The VGM
Joined: Nov 01 2006
Location: Here I am.
Posts: 6749
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I left a bar once with a bunch of friends. Some were drunk, I however did not have a single drink. On our way to our cars I tripped in the parking lot, causing me to stumble into my car. I laugh it off and we all went our seperate ways. Not more than a block away from the bar, I got pulled over. The cop asked me how much I had to drink that night. I told him nothing. He made me walk the line, and say the alphabet backwards. I told him just to give me the breatholizer test, but he must have been bored.
What really pissed me off, was that I made a comment about him hiding next door to the bar to catch, DUIs, and he told me he wasn't and that he pulled me over because my license plate light was out. The next day I bought a new bulb for my car, only to discover that the old was working just fine.
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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that can be considered entrapment in some states.
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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| username wrote: |
| that can be considered entrapment in some states. |
Not in any of the United States. Entrapment is when a police officer essentially forces you to do something illegal. Not just when they offer you a chance to do something illegal, and certainly not when they park themselves outside a place that's likely to have illegal activity.
It might be a stop without probable cause, but if the officer saw you stumble as you walked out of the door, that's cause there.
Believe me, there's very little police officers do that's "entrapment".
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Greg the White
Joined: Apr 09 2008
Location: Pennsylvania
Posts: 3112
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Tonight's the night that we got the truck
We're going downtown gonna beat up drunks.
RIDE LOUUUUUU RIDE.
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 So here's to you Mrs. Robinson. People love you more- oh, nevermind. |
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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well, in cali, if a cop car is sitting on a dark street waiting for speeders to pass by, thats considered entrapment. in arizona, thats legal.
i figured it would be a similar precedent
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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| username wrote: |
| well, in cali, if a cop car is sitting on a dark street waiting for speeders to pass by, thats considered entrapment. |
No, it's considered "law enforcement", and if you don't believe that, try bringing that up in court. You can't seriously think that "I wouldn't have broken the law if I knew the cop was there" is a legitimate defense to a ticket. Police are absolutely allowed to lie in wait, and they do it for a lot more than just speeders (cops had their favorite red light and stop sign stakeout spots I remember from my California days).
It's possible for entrapment to come up in speeding cases, though. If the speed limit isn't clearly posted, or obscured, or if the speed limit changes frequently within an unreasonable period of time, or if a police officer tailgates you to try and pressure you into going faster, it can be considered entrapment in those cases. And there may be other laws that prohibit officers from doing certain things. But a hidden cop waiting for speeders to pass by is in no way inducing them to break the law, so there is no entrapment defense.
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
Posts: 24887
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In my town, the cops usually park in the used car lot on Main Street at night and wait for speeders there. It would be a really clever idea, except that EVERYONE FUCKING KNOWS THEY'RE THERE.
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JoshWoodzy
Joined: May 22 2008
Location: Goshen, VA
Posts: 6544
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They are probably sitting there to discourage speeding more than trying to bust speeders. I kinda like seeing a cop sitting somewhere like that, especially when some asshole is riding my ass.
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16136
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| UsaSatsui wrote: |
| username wrote: |
| well, in cali, if a cop car is sitting on a dark street waiting for speeders to pass by, thats considered entrapment. |
No, it's considered "law enforcement", and if you don't believe that, try bringing that up in court. You can't seriously think that "I wouldn't have broken the law if I knew the cop was there" is a legitimate defense to a ticket. Police are absolutely allowed to lie in wait, and they do it for a lot more than just speeders (cops had their favorite red light and stop sign stakeout spots I remember from my California days).
It's possible for entrapment to come up in speeding cases, though. If the speed limit isn't clearly posted, or obscured, or if the speed limit changes frequently within an unreasonable period of time, or if a police officer tailgates you to try and pressure you into going faster, it can be considered entrapment in those cases. And there may be other laws that prohibit officers from doing certain things. But a hidden cop waiting for speeders to pass by is in no way inducing them to break the law, so there is no entrapment defense. |
well, im not trying to argue for or against it. im not a cop so i cant say its true or not. its just what i was told.
your points do make sense, so i wouldnt be surprised if i was misinformed.
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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| Syd Lexia wrote: |
| In my town, the cops usually park in the used car lot on Main Street at night and wait for speeders there. It would be a really clever idea, except that EVERYONE FUCKING KNOWS THEY'RE THERE. |
Most of the cops I've spoken with really don't like writing tickets, unless there's a "revenue enhancement drive" going on. So they don't mind if they're parked right out in the open where everyone can see them...it still has the net effect of slowing people the fuck down, which is what they want anyways. Besides, not everybody knows...they nail out-of-towners that way, and they're far more likely to not fight the ticket.
I've seen cops get pretty devious, though. I've seen a highly visible officer park along a stretch of road, then right around the corner is another one. The first one is just to slow people down, but the second one bags people after they pass the first one and think it's safe to gun it.
| Quote: |
| your points do make sense, so i wouldnt be surprised if i was misinformed. |
There are a lot of misconceptions about what police are and are not allowed to do during the course of their duties. Truth is, they get a lot more leeway than you think, they're allowed to lie and be devious little bastards to catch people, and police don't really dispel a lot of those misconceptions because it helps them do their job when the public thinks the police are restricted in some way (the widespread belief that police can't lie catches a LOT of prostitutes, for example).
90% of police work is finding loopholes in the fourth amendment.
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Cpt. Fantastic
Title: El Capitan
Joined: May 29 2008
Location: The Great Northwest
Posts: 196
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Bars are public, not private, provided they are open tot he public. Any place open to the public is public. If you want to keep the Police out of your bar, create a private club ala the Elks Lodge or VFW.
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 "I have been accused of vulgarity. I say that's bullshit"
-Mel Brooks
"I can wire anything directly into anything! I'm the Professor!"
-Professor Hubert J. Farnsworth |
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