X-Post: Man arrested for not showing officer his License

jono · #1 09-07-2007, 01:56 AM

http://www.michaelrighi.com/2007/09/...-circuit-city/

BCPVP · #2 09-07-2007, 02:02 AM

Pretty sure something similar to this was discussed in OOT once. IIRC, he should be able to sue Circuit City.

Copernicus · #3 09-07-2007, 02:31 AM

He's wrong and he should lose. Stores post that they have the right to inspect packages on leaving, and they have every right to do so to discourage shoplifting. They offer the opportunity to check bags that you bring into the store and do not examine the contents of those, since they are out of the customers control and cant be used to hide goods.

As far as the section of the Ohio law he quotes, it requires disclosure of Name Address and DOB. It does not specify the means of disclosure. Since that it is the information shown on a DL, and a policeman who suspects a crime cannot be expected to take the suspects word for it, the law can easily be interpreted as requiring some sort of identification including a DL.

BCPVP · #4 09-07-2007, 03:04 AM

[ QUOTE ]
Stores post that they have the right to inspect packages on leaving, and they have every right to do so to discourage shoplifting.

[/ QUOTE ]
Stores absolutely do not have a right to search you against your will upon leaving and they don't have the right to detain you unless an employee witnesses you take something and watches you actually leave the store without paying for that item. Circuit City is guilty of unlawful restraint and will be begging to settle.

The cop is clearly in the wrong, but probably won't lose his job (though I think he should). Maybe this guy can sue the city; not sure though.

link

[ QUOTE ]
As far as the section of the Ohio law he quotes, it requires disclosure of Name Address and DOB. It does not specify the means of disclosure.

[/ QUOTE ]
This should work against the cops.

PLOlover · #5 09-07-2007, 03:16 AM

what if you don't have i.d. on you?

BCPVP · #6 09-07-2007, 04:56 AM

Just to rub it in Copernicus' face how wrong he is on this, here's a forum of police officers discussing this very issue with the consensus being that you cannot be detained for not letting someone check your receipt and that to try and detain you in any way without probable cause that you shoplifted something constitutes false imprisonment.

http://forums.officer.com/forums/showthread.php?t=72907

ElliotR · #7 09-07-2007, 05:10 AM

[ QUOTE ]
As far as the section of the Ohio law he quotes, it requires disclosure of Name Address and DOB. It does not specify the means of disclosure. Since that it is the information shown on a DL, and a policeman who suspects a crime cannot be expected to take the suspects word for it, the law can easily be interpreted as requiring some sort of identification including a DL.

[/ QUOTE ]

Holy cow! I read a lot of bad amateur legal analysis on here, but this has absolutely got to take the cake. No competent judge would ever interpret this law as you suggest. Moreover, NOT EVEN THE COP THAT ARRESTED HIM interpreted the law that way BECAUSE HE CHARGED HIM UNDER THE "OBSTRUCTING OFFICIAL BUSINESS" LAW. SHEESH!!!

saucyspade19 · #8 09-07-2007, 05:30 AM

lol at this story. Once I read ACLU in the opening paragraph, somehow I knew what was coming. So instead of opening his bag and going with standard procedure, he decided to take a stand against a business (wouldn't the more effective stand be not giving them his money?), [censored] with people, and he get what he deserves. Good, well done, douche. This is what is [censored] wrong with this country, this is why there is 2 lawyers for every 1 person. Because every liberal idiot who thinks they are cleverly going to stick it to the man files a frivolous lawsuit that they were responsible for, and tie up the courts, and slow down society. gg. I hope he goes to jail and tries to pull some cute stuff there.

"but it creates an atmosphere of obedience which is a dangerous thing."

lolololol
enjoy life.

This pathetic idiot is going to spend his life getting fired and hating america and having everyone around him despise him. awesome.

Phil153 · #9 09-07-2007, 05:45 AM

- The man is a loser
- The store clerk is an even bigger loser
- The cop is joke, and should be reprimanded.
- The law is totally on the side of the man, for good reason
- The fact that cops don't know basic law, and initiate force and detention for which they have no authority, is [censored] up.

Why does this matter?

Because not everyone has a knowledge of their rights, the law, or has family, friends, money, intelligence and social standing to protect them. Such people can and do get trampled on by douchebag cops who can't perform the most basic tasks of their job correctly. People should speak up against these abuses of power, because when they happen to a homeless guy, a mentally ill person, or a shifty looking black guy just minding his business, people are subject to unnecessary assault, and can and do lose important personal freedoms for no good reason at all.

bobman0330 · #10 09-07-2007, 08:29 AM

I don't really understand the vitriol some have towards people like this guy. Would I go this far to stand up for my rights? No, it's too much of a hassle. But he's clearly in the right, everyone who's giving him trouble is clearly in the wrong, and if enough gadflies like him make a scene, the rest of us have a better chance of not getting pushed around.