Miami Gardens police arrest black man for trespassing 56 times -- at the store where he works


#1

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#2

yet these two white boys never get harassed.


#3

crazy predicament. funny, it was on american soil a minute ago.


#4

For example, a young man named Josef K has been stopped by Prague police 258 times

FTFY.


#5

“To Serve and protect” in the “Land of the Free”. Orwellian Newspeak at it’s finest.


#6

Then, one day, he just bugged out in his apartment.


#7

Isn’t this the sort of thing the ACLU is for?


#8

Came here thinking this was another one of Cory’s headlines. But no, the cops really did this, and there’s really no mitigating factors. It’s that bad.


#9

He’s been found guilty of existing while black. It’s a fairly common crime, police are doing what they can to crack down on it as much as possible.


#10

I guess if protection rackets are good enough for the mob, they’re good enough for the local PD.


#11

The thing these comments probably don’t need is more folks comparing America, or the government, or Miami, or whatever, to an Orwell Novel (well, “1984”, not Burmese Days or something). For the record, I just don’t think those sorts of comments are productive, useful, or even interesting.

Instead, I just wanted to talk for a minute about all of the potential legal claims/issues I see (off the top of my head) that I would write about if I saw these kinds of hypothetical facts on a law school exam.

  1. Trespass - There are two forms of this, civil and criminal. Barring some exceptions which don’t seem appropriate to discuss here. The police can be forbidden from entering private property just like anyone else can.
  2. Civil rights violations (1983 claims based on any violations of a claimant’s civil rights)
  3. abuse of process/malicious prosecution claims (civil - It is generally not ok to abuse the system to antagonize someone)
  4. False imprisonment (civil - can be a possibility where an unlawful arrest occurs)
  5. Intentional Infliction of Emotional Distress (Civil - Arresting someone at work over and over again for trespass is fairly outrageous behavior)
  6. Trespass to Chattel (Civil - If police broke the tail light or other personal property)
  7. Some kind of criminal charges associated with lying on official government records (I don’t practice in FL, but most states have laws against lying on official records)

So, yea, reading the newspaper article (which often totally miss important facts for one reason or another) and knowing nothing about FL law or the city’s side of the story, those are the issues I would immediately be concerned about if I was the city attorney and had just read this newspaper article (and assuming I didn’t know anything about that matter).

In a word, it is a mess. I would sort of like to see the complaint/answer filed against the city, which might give a bit more insight into what is being argued by the parties here, and will probably paint a better picture than a newspaper article.

-Not giving legal advice, only discussing the newspaper article in a very general “legal issue spotting” kind of a way.


#12

It has a very high recidivist rate too.


#13

Well, the police activity has resulted in the identification of a number of individuals who should be put in prison - the aforementioned police officers.


#14

Attn New York cops: unless you lift your game, it looks like Miami will take out the taxpayer-funded terrorist superbowl this year.


#16

I’m from Canada, where we have certainly had (keep having) our share of incidents of police abusing their power. That said, the stuff coming from the U.S. is just heart-wrenching and mind-blowing at the same time.

Is it the case that the system is so much more powerful that “the people” are unable to stand-up for themselves? Why isn’t there a large scale push-back against this stuff? Am I naive in asking these questions?


#17

http://www.youtube.com/watch?v=y5dy9URkLFI - the only inapposite thing about this clip being that it has a policeman in it who thinks something’s wrong.


#18

Well to be fair, he only seems to think it’s wrong because of the likely press coverage, and rather than give Constable Savage the arse he transfers him to the SDG, and whatever that is, Savage is rather chuffed.


#19

The SPG, the Special Patrol Group, were a ‘thing’ (deployed at protests, strikes, whenever larger groups of citizens got uppity) at the time. They were helmetly-anonymised blokes in militarised uniforms beginning a trend, back in the 80s, which we’ve all now just gotten used to.


#20

This country is in state of crisis. Police and military are completely out of control. We need to call for shutdowns and a full suspension enforcement of non-violent crime. Cut out the spying. We need lock outs and layoffs yesterday. Shutdown their unions.


#21

No free coffee for you, then.