(07-21-2020 04:05 PM)RiceLad15 Wrote: (07-21-2020 03:21 PM)tanqtonic Wrote: That is funny coming from the dude that opined so shrilly and quickly about an 'arrest'; and really doesnt know the fing difference between that and a detention.
Or for that matter, any of the rationales or reasons or limits that underlie detentions.
Quite the critique there. Pretty grotesquely hypocritical, but what else is new in the world for you.
One thing we can be absolutely sure of is that you are the shoe-in for the gold medal in the 'God and all knowing arbiter of everything based on 8 second videos' with these two incidents. Kind of an awesome super power you have there lad. I am in fing awe.
Tanq, I did a quick search of the word "arrest" and low and behold, I never actually shrilled about an arrest - I actually made a distinction in one of the first posts about how the person wasn't sure if they had technically been arrested. I think that clearly, and early on, indicated I knew there was a difference. See: https://csnbbs.com/thread-797972-post-16...id16908177
I think you got confused when I offered a hypothetical situation which would have been copacetic to me, which included an officer arresting the individual and informing them what they were being arrested for.
Correct you 'didnt say arrest' in those comments.
I would say that your other words of 'rounding up', 'grabbing', 'technically arrested', 'pulling', 'detained ... without any charge or reason' still shows the lack of knowledge so noted. I dont think the slinging around the above words really helps your case in any spirited defense in the general sense of what I said. Perhaps a distinction without a difference again.
Quote:But I digress - we're back to the same issue, which is you keep arguing that these actions are OK because they're legal.
No, I do not. I absolutely agree with the rationales behind the legal bounds, and those happen to each be at least one of the rationale of *why* they are legal.
Quote:The ACLU and Oregon DOJ are making explicit legal arguments against it, but I have tried to not wade into that territory with my opinions.
The DOJ is arguing that the stops were 'made with the intent of stopping a First Amendment right to protest' --- per the complaint.
That is, the DOJ is arguing that there was not good probable cause at the root of its argument.
And no, my position is *not* that 'it is fine *because it is legal'. If that were the case there would be craploads of positions I would be against that I actually am for. I am sorry that *you* cannot discern that.
My position is that the use of unmarked cars is not a wholly bad practice in a detainment, based on the rationale behind the legality of it. Not because 'it is legal'. Further, based on a discussion with an actual US Marshal, the Federal agencies do not employ marked vehicles of any type for the vast majority of apprehensions -- detentions or arrests.
My position is that the police were as 'marked up' as are any random Federal officers, and as quite a few local police personnel. I find that the original complaint that they were 'unidentified' to be factually false.
My position is that the complaint that they 'didnt talk to him' to be wholly justified -- he noted he asked for a lawyer. Once representation is invoked in a detention or an arrest, any officer, not just the arresting officer' CANNOT initiate ANY dialogue with a suspect. Your complaint here is actually because the officers were following the law scrupulously.
Quote:I am only arguing that I don't believe these are good practices, and I believe I have explained why I don't believe they're good practice. They heighten tensions,
Lets explore this. Some shitbird in an all balck ninja suit throws an ice bottle at a line of Federal officers --- a 3rd degree felony, there.
What do responding officers do when they canvass the area for such a description? Say, whoa way too many ninja birds, cant do anything?
What you are leaving out of this particular mix is the very close proximity to the 'fun and games' on the night that it happened. Do you think it prudent to stop and have a fun chat, say, 400 yards from where it happened? Sorry, with that, the officers with any stop short of a 'pick them up' stand a very good chance of sparking even more unrest. I mean, look at the clash *at* the courthouse and the plethora of assaultive behavior at the courthouse, with literally 20x *more* officers there.
The two safest things to do are either: pick up quick and spirit out; or simply dont bother enforcing any laws whatsoever. Given those two safest courses, which is your pick?
Quote:they potentially detain people unnecessarily,
How do *any* of the methods 'detain people unnecessarily'? I hate to tell you, Joe Ninja was 'detained' the second the officers stopped him.
The only 'unnecessary detention' (the very specific word 'detention' in the legal sense) is one that has insufficient probable cause. Your analysis really is gibberish with the word 'detention'. If you really dont mean 'detention' in that sense, then your spirited defense that you know the meaning of the word above doesnt really make a bright shining appearance.
Quote: they are overly intimidating,
Yes they are. That might be the only means to make such a detention in that atmosphere. Again, do you support 'just letting the shitbird stuff happen' in that case?
Quote:they are analogous to secret police tactics,
Given that the request for an attorney sparked the absolute proper response, I find this rhetorical analogy way out.
Given this comment, how is any plainclothes arrest copacetic in your view? Any and all of those fit this exact mold, and under far less 'energetic' circumstances. Do you abhor those? If not, why not?
Quote:and they begin to tread on state sovereignty.
What state sovereignty is 'tread' on with a Federal arrest or detention? Seems to me we fought a big fing war over this issue about 160 years ago and that point of view lost.
There is no sovereignty issue with any Federal arrest or detention. I dont think that element of the talking points list is accurate at all.
Yes, the feds are acting in a 'rude' manner in doing so. That concept is 'comity', not 'sovereignty'. There is no underlying reason that says that enforcement of Federal criminal law 'treads' or impedes state sovereignty in the slightest.
Also, on the issue of 'comity', seems to me that Portland has engaged as a city in the **** the Feds mode already, or havent you noticed that yet?