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Thread: Daniele Watts says she was detained for ‘showing affection’

  1. #91
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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by Gaius46 View Post
    I think we come from the same generation - I'm middle 50s. I was raised the same. And when we were kids the local beat cop - we still had them back then - was a frequent guest, sometimes in uniform, at weekend cookouts. Those were different times though.
    I've personally never had an interaction with a cop that didn't involve me driving and I'm always courteous and respectful (and I've never pulled the "my brother is a cop" bit either fwiw) and have managed to not get more tickets than I have gotten. But I'm also
    a respectable looking middle class white guy which no doubt helps.
    Absolutely fair comment - we're basically the same.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by CanadaJohn View Post
    That's fair, and thanks. I've personally never understood the fear of identifying oneself when asked, but then with the exception of driving over the bloody low speed limits on occasion, I'm not involved in illegal activity.
    Though it doesn't really apply to ID, it is possible for a totally innocent and law abiding citizen to incriminate themselves by complying with a police officers requests. For example, if an officer asks you "Where were you at (date and time)?" and your response places you near the scene of crime that occurred at that date and time, you may have given the officer probably cause.

    In this situation, it seems quite clear to me that the officers involved were called to the scene, the car and occupants were identified, and the officers proceeded to investigate the situation that raised the complaint. If laws are similar in California as they are here, officers can't charge someone with indecent exposure and/or lewd conduct unless the officer his/herself witnesses the behaviour. As such, if she had simply identified herself and her husband/partner she would likely have been cautioned about lewd behaviour in public and sent on their way. By escalating the matter, she put herself in the unfortunate position.
    Agreed. There's a good reason to not answer questions, but requests for ID should generally be complied with unless you have the time to go to the police station.

    The upshot is a bunch of negative publicity - but I guess for a struggling actress, any mention in the media is a good thing - but for her husband/partner, it's probably not too helpful depending on his career.
    I'm not sure how "struggling" is defined, but this actress has had a lot of work since Django. Check her Imdb filmography
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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by matchlight View Post
    Can you cite any legal authority for that? Unless there is some recent Supreme Court decision to the contrary I'm not aware of, the fact a person does not identify himself when police briefly detain him under reasonable suspicion does not give them a basis for detaining him any further. See Kolender v. Lawson, 461 U.S. 352

    "Terry encounters must be brief; the suspect must not be moved or asked to move more than a short distance; physical searches are permitted only to the extent necessary to protect the police officers involved during the encounter; and, most importantly, the suspect must be free to leave after a short time and to decline to answer the questions put to him." (Brennan, J., concurring).
    Hiibel v. Sixth Judicial District Court of Nevada - Wikipedia, the free encyclopedia
    Quote Originally Posted by matchlight View Post
    Justice Thomas' opinions consistently contain precise, detailed constitutional analyses.
    Quote Originally Posted by jaeger19 View Post
    the vast majority of folks that need healthcare are on Medicare.. both rich and poor..

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by Fearandloathing View Post
    One, under most law, you must "identify" yourself when asked by a police officer, you must also comply with all "reasonable" requests.
    I question that any state law can require that. If there's a Supreme Court decision saying a state can make it a crime to refuse to provide identification to police during an investigatory detention, I'd like to read it.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by Deuce View Post
    Why don't you tell me what the probable cause was.
    Reports they were boinking in a car.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by Deuce View Post
    California has no "stop and identify" law.
    Then you need to learn what that covers. This was not a stop and identify situation. There were reports the couple were having sex in the car [public display]. That's not random stop, that's cause.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by beefheart View Post
    Blah blah blah..anger.

    I have an opinion, so do you...lets leave it at that without all the anger.
    Heh, you got caught in a kneejerk that reveals your character and now want to distract from that. Everyone here can see it. Just admit you were wrong and eat your crow. The sky won't fall.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by sangha View Post
    Yes, in NYS you are required to show ID if the police have a reasonable suspicion. My understanding is that this varies from state to state and that in CA it is not a requirement and does not violate laws about obstructing an investigation
    The news report from the audio link states quite clearly you are required to show ID on a probable cause stop in CA.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    Quote Originally Posted by Texmex View Post
    Always taking the cops side.

    All this cop had to do to complete his "investigation" was to see if this woman and this man were engaging in sex while parked. If, when the cop arrived after his trip from the donut shop, and saw that this man and woman were dressed and not having sex, that should end the so called "investigation."

    But, when the man is white and the woman is black, you see what happens.
    No, that's not how it goes. If he finds them clothed, he identifies them and takes down all the details. It's then referred to detectives who investigate the complaints called in. If the witnesses want to step forward and the DA wants to go forward with the case, then it's a matter for the court to decide.

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    Re: Daniele Watts says she was detained for ‘showing affection’

    I notice the Supreme Court made a point of noting in Hilbel that the Nevada statute it was upholding as constitutional did not require the detainee in a Terry stop to show police a driver's license or other identifying document, but only to tell them his name.

    The Court also said that requirement did not violate the Fifth Amendment because compelling Hilbel to give police his name, by itself, did not expose him to any substantial risk of self-incrimination. The Court recognized, though, that there might be circumstances in which that issue would come up:

    "Still, a case may arise where there is a substantial allegation that furnishing identity at the time of a stop would have given the police a link in the chain of evidence needed to convict the individual of a separate offense. In that case, the court can then consider whether the privilege applies, and, if the Fifth Amendment has been violated, what remedy must follow."

    I don't see how the police did anything unreasonable in this case, or what good reason this woman had not to cooperate with them.

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