Archived posting to the Leica Users Group, 2002/12/06

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Subject: RE: [Leica] Is this believable?
From: Dan C <leicaman@sympatico.ca>
Date: Fri, 06 Dec 2002 13:56:17 -0500
References: <3DF0E2CA.C097F1DB@earthlink.net>

Most people would be too intimidated to walk away from a police officer who
has stopped them to ask a question.   But if you have sufficient intestinal
fortitude for the task, I am sure that you COULD walk away, and if the
officer persists, you could ask him/her if you were under arrest.  The
officer would have to show pretty could reason to arrest you, and would be
liable to be sued for false arrest otherwise.   And depending on how you
act, the police officer may be able to find some justifiable reason for
arresting you (littering, swearing at the officer, jay walking, etc.).  Why
not just be cooperative?  At least this is how things are in this part of
the world (North America).

And this is probably going to get the napalm out, but anyone who would hang
around a hotel housing the Vice-President of the United States, in these
times, snapping 30 pics of the hotel, probably deserves whats supposedly
happened to that guy written about in that paranoid hackers site.  Assuming
the story is true, the guy was obviously setting himself up for this.   He
may as well have sailed a dingy up to a US aircraft carrier and started
snapping away with a camera.  How long do you think he would last?   Or
should last?

dan c.

At 01:03 PM 06-12-02 -0500, Austin Franklin wrote:
>Hi,
>
>I'm asking what law states that I am under arrest by default?  I don't
>believe that is true.  You have to break a law to be under arrest, and being
>under arrest requires telling you why you are under arrest, as well as the
>reading of your Miranda Rights...I believe.
>
>I also do not believe walking away from a supposed officer, who believes he
>has "engaged" you, is a crime.  Perhaps it is...but I'd like to see the
>actual written law that states that.  I just don't blindly believe these
>type of things without some better understanding.
>
>Austin
>
>
>> -----Original Message-----
>> From: owner-leica-users@mejac.palo-alto.ca.us
>> [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of S Dimitrov
>> Sent: Friday, December 06, 2002 12:48 PM
>> To: leica-users@mejac.palo-alto.ca.us
>> Subject: Re: [Leica] Is this believable?
>>
>>
>> How do you know he's not involved in some kind of fact finding? Besides,
>> try walking away, when you have been stopped, or engaged in some way.
>> Once stopped by an officer, that is an act of arrest.
>> Slobodan
>>
>> Austin Franklin wrote:
>> >
>> > > Technically, once an officer of the law stops you, even to
>> ask about the
>> > > weather, you're under arrest until_he_decides
>> the_conversation_is over.
>> >
>> > Hi Slobodan,
>> >
>> > Where did you get that from?
>> >
>> > Austin
>
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>
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Replies: Reply from "Stuart Phillips" <stuart.phillips@rcn.com> (Re: [Leica] Is this believable?)
In reply to: Message from S Dimitrov <sld@earthlink.net> (Re: [Leica] Is this believable?)