October 19, 201510 yr Well I guess maybe I should retract my prior statement about "America" making those decisions.... Just curious, have you had a lot of run ins with guys with jeans and no shirt or is this just anecdotal fantasy land ? They're pretty common anywhere you go in rural and small-town Ky. You folks in NoKy need to get out of the 275 loop a little more often. It seems like some folks up that way have no clue what the rest of their state looks like.
October 19, 201510 yr They're pretty common anywhere you go in rural and small-town Ky. You folks in NoKy need to get out of the 275 loop a little more often. It seems like some folks up that way have no clue what the rest of their state looks like. Yes we do! :lol:
October 19, 201510 yr This short phrase is now in my Top 5 or 10 favorite expressions on BGP. I'm going to steal "my own leather" quite often from now on. If you're going to use it, please spell it correctly: bebopping.
October 20, 201510 yr They're pretty common anywhere you go in rural and small-town Ky. You folks in NoKy need to get out of the 275 loop a little more often. It seems like some folks up that way have no clue what the rest of their state looks like. What exactly is it that makes you think I'm a redneck hillbilly anyway ? Believe me, I am around a multitude of small towns all over the state, grew up and live in a small town, and I can honestly say that I do not drive around and look at the people described and somehow believe they are thugs and thieves. I'd rather believe that they are more like me and probably not had some of the advantages I have had in my life.....
October 20, 201510 yr "Am I free to go?" is a key question that any person in an encounter w/ LE should remember. If the answer is yes, feel free to move along without repercussions (whilst videoing preferably with an app that uploads the video immediately when recording stops in case LE takes matters into his own hands). If the answer is no, the LE has put himself in a pickle. He now has to have "reasonable & articulable" suspicion of something PRIOR to the moment he said the suspect was detained or he has a bad stop on his hands and may lose any other evidence he gets after that time based on the "fruit of the poisonous tree" doctrine. Also, once he has detained the suspect, he is obligated to Mirandize him because any further questions would constitute a custodial interrogation. Moreover, once detained, if the suspect EVER asks for his attorney, LE has to stop questioning and failure to do so brings us back to that tree with the foul fruit. Similarly, if the suspect is / could be a minor and asks for a parent, similar treatment to requesting an attorney. If LE doesn't respond to the question, I think you can take that as a "you are free to leave" response, but I would make sure you give them plenty of time & opportunities to respond.
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