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Whenever something like this happens, the first thing we assume is that the cops were ignorant of the law, that they need to be trained, etc. I do not believe this is usually the case. Most of the time when something like this happens, I believe the cops do know the law. The problem is that they don't care about the law. This case is a perfect example. Was Gallagher ignorant of the law as it pertains to OC? I don't know. But one thing is for certain... it can be safely assumed she was NOT ignorant on the laws pertaining to search and seizure, disorderly conduct, and the Terry frisk. She simply chose not to care about those laws. Here's another case. A buddy of mine was OC'ing and got harassed by the cops. They never called and talked to a supervisor. After a good grilling & lecture the cops let him go. Afterwards my friend and I talked about it: My friend: "Those cops must be ignorant of the law as it pertains to OC." Me: "I wish that were only the case. But it sounds like they knew OC was legal from the very beginning. Unfortunately no amount of training can fix a badge-heavy demeanor." My friend: "How do you know they knew OC was legal?" Me: "If they truly thought OC was illegal, they would have either called their supervisor and asked about it, or they would have arrested you. The fact that you're not being detained is proof they knew it wasn't illegal." My friend: "Wow, you're right."
Last edited by Michael_in_Ohio; May 12th, 2008 at 05:08 PM. |
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"Never give up, never surrender!" Commander Peter Quincy Taggart |
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The web site is back up and running
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"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."~Thomas Jefferson, 1791 Support this man Remember SFN |
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I agree with you to a degree.. you must remember that the backup officers were from ANOTHER jurisdiction..... and have NO police authority IN ANY OTHER..... so they could not step up to the plate... they were simply BACKUP.....to assist the JURISDICTIONAL officers in case of a major flare up.....
THAT IS ALL............ |
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shefearsnothing will be missed.
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If Officer Mariano stated flat out that he knew the law, then by his own admission he as met one of the requirments for an Official Oppression criminal complaint.
Quote:
__________________
"Never give up, never surrender!" Commander Peter Quincy Taggart |
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Quote:
__________________
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."~Thomas Jefferson, 1791 Support this man Remember SFN |
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