SWAT Officers will stop, question, & ID pedestrians in Paragould, AR

[Kirk Freeman]

There is no way that passes Constitutional muster.

Yeah, I agree. I don't have access to Arkansas in my Westlaw package (T. Lex, you out there?), but I would think this goofball statute had to draw a challenge.

It seems ripe for a Federal challenge.

 

[Bunnykid68]

Yeah, I agree. I don't have access to Arkansas in my Westlaw package (T. Lex, you out there?), but I would think this goofball statute had to draw a challenge.

It seems ripe for a Federal challenge.

Road trip?

 

[chris46131]

The citizens need to get together, arm themselves and drive these stasi wannabees from the city. Do whatever it takes. Drive out their supporting politicians, too. And don't let them back in. Ever.

^^This^^

 

[arthrimus]

Road trip?

Hey guys, I'm heading there on Friday for Christmas, wanna hitch a ride?

 

[Bunnykid68]

Hey guys, I'm heading there on Friday for Christmas, wanna hitch a ride?

When are you coming back? I have some gas money.

 

[GunnerDan]

I would have the only thing to say,

Am I being detained?
Am I being investigated for committing a crime?
Am I free to leave?

That is the only thing the officer would hear out of me. Oh and no way would I carry any kind of identification since, well I would be walking and not driving.

Gunner

 

[Bang-bang]

Please take your camera and share the pics with the whole world. (Love the "NET")
Get these jerks out of the control game/office!!!!!!!
Follow the NEW moive stars around , get their names too!

 

[T.Lex]

Yeah, I agree. I don't have access to Arkansas in my Westlaw package (T. Lex, you out there?), but I would think this goofball statute had to draw a challenge.

It seems ripe for a Federal challenge.

Appellate geek that I am...

Closest USSC admonition I could find (quickly) is Hiibel v. Sixth Judicial Circuit of Nevada, 542 U.S. 177, 124 S. Ct. 2451; 159 L. Ed. 2d 292 (2004) (statutes requiring suspects to self-identify during police investigations only allowed if the statute first required reasonable and articulable suspicion of criminal involvement). So, puts it back in the paradigm - have to have reasonable, articulable suspicion to "investigate."

Looks like Ark. Sup. Ct. addressed it in Brazwell v. State, 119 S.W.3d 499 (Ark. 2003) (for officer to arrest defendant for loitering, he would have had to first reasonably suspect that defendant was loitering, at the time he stopped and detained defendant by asking him to approach his police vehicle). Again, basically, there's no reasonable/articulable suspicion to start the "investigation" if you rely on the lack of identification for the charges. This quote seems to sum up the requirements (Sterkla's the officer, Brazwell the defendant):

However, at the time Sterka detained Brazwell, Sterka had not observed Brazwell long enough to determine if he had been “lingering” or “remaining” outside the liquor store, as is required by s. 5-71-213. Sterka's testimony was that he pulled into the parking lot and simply “observed” Brazwell sitting on the window ledge. Because Sterka could not have reasonably suspected Brazwell of loitering at the time the detention occurred, the State's argument that Sterka could have arrested Brazwell is without merit.

The chief, according to the Ark. Supreme Court, cannot have his officers simply walk up to someone who is out for a walk (therefore not "loitering") and ask them to self-identify. At least not based on that statute.

Interestingly, if they are doing some sort of investigation for which they have reasonable and articulable suspicion, they may be able to. Just not sure what that might be in this case.

Is having evil intentions illegal in Arkansas?

 

[rambone]

No need for further discussion of their intentions, apparently.

Paragould police: remaining town hall meetings canceled

"We feel that with the strong feelings on both sides of the Street Crimes Unit issue, a safe and productive meeting would not be the probable outcome."

 

[GunnerDan]

Just sent a quick message to the police department asking if they really enjoy wiping their collective arses with the Constitution.

Gunner

 

[Ted]

.......Oh and no way would I carry any kind of identification since, well I would be walking and not driving.

Gunner

That might work, unless the law there is different than in Indiana.

 

[Carmelbythecorn]

They're just doing it for the citizens safety! Don't you want to be safe? You should APPLAUD this activity...because now we're safe!

 

[IndyDave1776]

No need for further discussion of their intentions, apparently.

Paragould police: remaining town hall meetings canceled

"We feel that with the strong feelings on both sides of the Street Crimes Unit issue, a safe and productive meeting would not be the probable outcome."

I understand completely. There is no useful purpose for having a meeting to discuss an issue unless the police are certain that it will be a fawning session full of people telling how wonderful they are.

 

[Gino66]

So where are the ACLU and SPLC and their Ilk? Are they off to prepare the gulag for the non-self-identifying criminals who will surely be removed from criminal activity pool by this op? wile e coyote, super genius.....must be a leader of the pack-o-goons

 

[Whosyer]

Dude! The one time I find one of thesr stories before Rambone, and it gets ignored for two days. Maybe it was the title. Sigh. Kinda hurts my feelings.

https://www.indianagunowners.com/fo...ussion/252998-did_i_really_scoop_rambone.html

 

[Mark 1911]

Cheer up. The mayor and police chief will be gone as soon as the White House calls and offers them a job. They'll probably call them czars, has a nice socialist ring to it.

 

[Fishersjohn48]

Dude! The one time I find one of thesr stories before Rambone, and it gets ignored for two days. Maybe it was the title. Sigh. Kinda hurts my feelings.

https://www.indianagunowners.com/fo...ussion/252998-did_i_really_scoop_rambone.html

I think your scoop was scooped by a couple days.

 

[Whosyer]

I think your scoop was scooped by a couple days.

Doh!!!! I gotta do better. Dang it. My search skills, and possibly my reading skills, need some work.

 

[Tinner666]

Not sure, but it sounds like Bamie is using it for a dry run before it goes national.

 

[rambone]

Dude! The one time I find one of thesr stories before Rambone, and it gets ignored for two days. Maybe it was the title. Sigh. Kinda hurts my feelings.

https://www.indianagunowners.com/fo...ussion/252998-did_i_really_scoop_rambone.html

You know me well... but you were too slow!