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Charges dismissed in Arizona Iced Tea arrest outside Fayetteville liquor store

Caine said:
Yes.
And because the reasoning behind the detention from its start was lacking in "reasonableness", the entirety of the situation is thrown out in the eyes of the court.
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What do you think of the no badge contact to arrest of this officer?>
 
ReverendHellh0und said:
What do you think of the no badge contact to arrest of this officer?>
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ABC Officers in NC typically do not wear a traditional uniform.

However, in my experience, they wear a badge on a chain around their neck that identifies them as ABC Law Enforcement (Or North Carolina ALE... the state's centrally run version).
 
Hatuey said:
Charges dismissed in Arizona Iced Tea arrest outside Fayetteville liquor store - Fayetteville Observer: Local News



Alright, this was unconstitutional... now what? Can we get to the bottom of why a guy dressed in normal clothes can arrest you just by saying he is a cop? If he had punched this guy out, would he have been defending himself or assaulting an officer? Is saying that he's an officer all it takes for someone to simply do as he says?
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It really depends on the State law - if a cop is only required to identify themselves (whether they are ABC or other) without a badge or paper identification requirements - then there is no issue. Normally, uniformed cops must provide their badge number and name, non-uniformed cops must provide a badge number and ID with name as part of the law, but I cannot find anything beyond a policy in NY that states police must carry police identification on them and are required to show that identification. A policy does not = the law.

Not sure what the NC law states or what their "policy" states regarding non-uniformed police and requirements to identify.
 
Ockham said:
It really depends on the State law - if a cop is only required to identify themselves (whether they are ABC or other) without a badge or paper identification requirements - then there is no issue. Normally, uniformed cops must provide their badge number and name, non-uniformed cops must provide a badge number and ID with name as part of the law, but I cannot find anything beyond a policy in NY that states police must carry police identification on them and are required to show that identification. A policy does not = the law.
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This happened in NC. The person arrested is from NY.
 
Hatuey said:
This happened in NC. The person arrested is from NY.
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Same applies to NC.... I couldn't find a law that covers it in NC either.
 
I watched the video, someone in the dialog sounded like they said he purchased the can of Tea
in the liquor store, if so Trespass would have been off the table.
Just an all around bad arrest.
 
Caine said:
ABC Officers in NC typically do not wear a traditional uniform.

However, in my experience, they wear a badge on a chain around their neck that identifies them as ABC Law Enforcement (Or North Carolina ALE... the state's centrally run version).
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YOu've given me your knowledge on the subject, I asked for your opinion on this guys actions.

(note he reached for his badge as well, he just didn't have it)



What do you think of the no badge contact to arrest of this officer?>



basically what would you think if once attacked by a person CLAIMING to be a police officer turns around and kills this unkown unbadged person because they thought he was lying, would you think it justifiable homicide?
 
ReverendHellh0und said:
YOu've given me your knowledge on the subject, I asked for your opinion on this guys actions.

(note he reached for his badge as well, he just didn't have it)



What do you think of the no badge contact to arrest of this officer?>



basically what would you think if once attacked by a person CLAIMING to be a police officer turns around and kills this unkown unbadged person because they thought he was lying, would you think it justifiable homicide?
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I wouldn't say anyone was "attacked" in a manner resulting in the use of deadly force.
 
Caine said:
I wouldn't say anyone was "attacked" in a manner resulting in the use of deadly force.
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Really?

at about 2:23 I would have rolled that cop and either choked him out or broke his arm.

If I was armed, I would have drawn on him. If he continued I would shoot him.

at this point it was an assault by an unkown persons claiming to be a cop but with no identification or badge shown.



btw Would you recommend a woman submit to a man claiming to be a cop, but no badge in a dark parking lot to be cuffed?
 
ReverendHellh0und said:
Really?

at about 2:23 I would have rolled that cop and either choked him out or broke his arm.

If I was armed, I would have drawn on him. If he continued I would shoot him.

at this point it was an assault by an unkown persons claiming to be a cop but with no identification or badge shown.



btw Would you recommend a woman submit to a man claiming to be a cop, but no badge in a dark parking lot to be cuffed?
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No.

We can continue to snowball this into something it isn't, or we can review the fact that nearly nobody is going to state the judge was wrong in this case... or that the officer was right, and move on.
 
Caine said:
No.

We can continue to snowball this into something it isn't, or we can review the fact that nearly nobody is going to state the judge was wrong in this case... or that the officer was right, and move on.
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Why not? this cop violated the rights of another, did it without proper identification and not but for this guys compliance (which I would NEVER have done in this case), this could have turned out much worse.


My bet is he still has a job.
 
Also props to the brother for not spilling one drop of his iced tea during the take down. that's talent!
 
Arizona Iced Tea mixed with cough syrup containing codeine makes a drink called Lean or Purple Drank. Sometimes candy such as Skittles is added to sweeten it up. It's a drink favored by rappers.
 
ReverendHellh0und said:
Really?

at about 2:23 I would have rolled that cop and either choked him out or broke his arm.

If I was armed, I would have drawn on him. If he continued I would shoot him.

at this point it was an assault by an unkown persons claiming to be a cop but with no identification or badge shown.



btw Would you recommend a woman submit to a man claiming to be a cop, but no badge in a dark parking lot to be cuffed?
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It's amazing you're still alive, Rev. lol
 
ReverendHellh0und said:
Really?

at about 2:23 I would have rolled that cop and either choked him out or broke his arm.

If I was armed, I would have drawn on him. If he continued I would shoot him.

at this point it was an assault by an unkown persons claiming to be a cop but with no identification or badge shown.



btw Would you recommend a woman submit to a man claiming to be a cop, but no badge in a dark parking lot to be cuffed?
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in this exact situation I dont know if I shoot him since im in public, see no gun and have friends around but with no badge there would be no take down or man handling of me that is for certain. I would simply tell him if he wishes for me to comply he needs to phone somebody with a badge. If that didn't work for him tough :shrug:
 
WCH said:
It was a liqueur store parking lot so the cop did have the right to suspect. It would be tresspassing to consume in that lot.
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Trespassing would the for the business establishment to decide and if the man was a customer he had every right to be on that property.
 
Caine said:
ABC Officers in NC typically do not wear a traditional uniform.

However, in my experience, they wear a badge on a chain around their neck that identifies them as ABC Law Enforcement (Or North Carolina ALE... the state's centrally run version).
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Are they exempt from having to get a warrant before they demand a person incriminate themselves?
 
Gaius46 said:
Really? So anyone walking past or near a liquor store who happens to drinking something in a can a bottle is giving reasonable suspicion for a stop? I seriously do not think so. And the judge agreed.
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That's what the officer was questioning.

If you don't believe there's such a law go to any place that serves or sells.
 
WCH said:
That's what the officer was questioning.

If you don't believe there's such a law go to any place that serves or sells.
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I know such laws exist. I know what the officer was doing.

What I'm saying is that the officer didn't have reasonable suspicion so the stop was not legal and his orders did not have to be complied with. Simply walking in the street drinking something is not justification for a stop by an LEO. That's what I'm contending, that's what the judge said.

The only justification that the cop was able to give was that "he was holding the can suspiciously." Forgive me but that sounds like a load of bs, and the judge called him on it.
 
Hatuey said:
That's the entire point of this thread. That a cop shouldn't get to arrest you because of what he doesn't know. Cops don't know if the guy sitting next to me is a serial killer. Should he be arrested next time he goes shopping for kitchen knives?
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Nope but, all the guy had to do was let the cop.smell.his drink and all.would be good . Instead he cussed the guy out.

You make your own fate
 
WCH said:
Have the cops ever kicked your ass or arrested you without cause?
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Yes. They threw me to the ground and cuffed me in my house for a trip to the psych ward.
 
WCH said:
Yeh whatever the judge says makes it gospel.

There are people around Austin that test officers on a daily basis. Sometimes they lose.
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Seems you are of the opinion whatever the cop says is gospel.
 
WCH said:
Nope but, all the guy had to do was let the cop.smell.his drink and all.would be good . Instead he cussed the guy out.

You make your own fate
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You let strange men smell your ****? He never showed a badge.
 
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