Jump to content
What is the reasonable suspicion standard specifically that must be met for police to detain (stop) vehicles under this bill? It sounds like this is ripe for abuse by cops who want to force contact with particular vehicles but don't have a legal reason to do so...I would think police would merely need to indicate in any reports that the vehicle's tires appeared inadequate from a distance...so pretty much any vehicle becomes fair game to be forcefully pulled to the side of the road with this law used as cause, even if that's not truthfully the reason for the stop.
This is a bit of a concerning law in my opinion, as I'm not sure how it can be enforced except in cases of actual accidents or incidental to other types of traffic stops. If police start pulling cars over because the view from the side of the road indicates potential inadequate tires then we're going to have lots of problems with unconstitutional detentions and it'll be very hard to determine which are legit and which aren't.
I'm not sure that the alleged call in question would alleviate the need for police to establish some amount of probable cause of criminal activity (or at least some sort of exigent circumstance) prior to forcefully seizing a person from their property.
For those grandstanding and congratulating the cops, please consider that there are certain and strict limitations on police prior to their initiation of force against individuals - while there are some allowances for officer and public safety, the idea that police can forcibly and violently remove you from your car on the basis of some person claiming you are "armed" and may harm yourself is highly dubious. Even worse, it sounds like a plain-clothes officer observed this subject to be sleeping and blinded by a sleeping bag without evidence of a weapon in the car - this would seem to reduce the argument for there being some sort of exigent circumstance here, particularly with public traffic having been already rerouted away from the scene. Remember - having a gun in one's car isn't illegal, and the police do not appear to have spoken with the subject prior to pulling him out of the car, according to the article.
In any case, I would seriously doubt that in and of itself the circumstances of the call in question would meet the standard of probable cause required for a seizure of a person, particularly in as traumatic and violent a way as this. And there seems to be little evidence of an exigent circumstance either.
In any case I'd be interested in what happened to this person following the [temporary] arrest and also what justification with respect to written law that the police department used in making the arrest, as temporary as it may have been.
I suspect a civil rights lawsuit will be forthcoming in this case. We'll see. Seems like there's a lot of unanswered questions here so I don't want to be presumptuous but this whole event seems questionable, legally speaking.
At some point, I sincerely hope that the educational model of placing hundreds of students in a giant concrete building for 6-8 hours a day can finally be abandoned in favor of internet-based and/or hybrid online/traditional schooling models.
From my perspective, many of these capacity issues could easily be alleviated by staggering attendance so as to be online Tues/Thurs and in the schoolhouse Mon/Wed/Fri for various groups of students at a given time, assuming ability on the part of the student. Additionally this might allow teachers to focus on students who need help the most with smaller class sizes.
I realize that federal and state regulatory burdens can make such innovation difficult but at some point enough is enough - this system is simply not scalable as is and results in tremendous waste in busing costs, unnecessary capital accumulation, wasted time for students and teachers, and inflexibility for everyone.
I come from a family of educators, so I understand some of the hardships faced by public school systems...particularly the heavy-handed federal and state regulation. However, at some point we really have to ask if the public school system is stagnating with respect to innovation and simply accepting the status quo without looking in the mirror and scrutinizing the underlying assumptions held about how this system should work on a fundamental level.
I'll be praying for a Chipotle...
Hey Brian - I'm Jayme's roomie. He and I had talked and we decided that it'd probably be best to not comment on all the details publicly just yet out of sensitivity and also due to the legal issues that are surrounding the case. The website moderator didn't remove his comment due to flagging or anything like that - Jayme had requested that they remove it. I know he did appreciate your kind words though!
In any case, it was a crazy event to be sure...very unfortunate. Glad all the kids lived through it, and certainly hope that some lessons can be learned.
Last login: Tuesday, June 14, 2016
Contents of this site are © Copyright 2017 Steamboat Pilot & Today. All rights reserved.
Tablet version |