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Old June 13, 2018, 13:07   #1
Tak
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Obstruction !

Was watching Live PD (my wife loves it) and there was a guy in Gwinnett County Georgia who was on his property, sitting in his truck in his driveway. Truck was not running, no evidence he was driving it recently.

He was quite drunk, and had open containers in the truck. Cops got him out and took him up to his house. Don't remember why they were there in the first place.

They didn't arrest him at first or seem to have any other charges to arrest him on. Towards the end of the encounter they told him to just go on in his house (since he was pretty drunk and they wanted no issues with him).

They guy said basically 'hey I just want to go sit back in my truck'. Cops got all super tough-guy at that point telling him to get in his house or they would charge him with 'Obstruction'.

Guy said again "I just want to sit in my truck". Cops went all roid-ragey screaming OBSTRUCTION and pounced on him slamming him to the porch and arrested him.

What did this guy do that was illegal?

What was he 'Obstructing' ?

I understand that ultimately the cops probably wanted to prevent a drunk driving incident...totally understandable and commendable.

But I have a hard time grasping what he did that was actually illegal, and how his desire to move about freely upon his own property was 'obstruction' of anything?

Plus honestly the cops were pretty dickish - I think they could have talked him down and ended the situation more peacefully. But they went from 0-60 in an eyeblink for what seemed no good reason, against a guy who was completely non-violent, and who was basically being respectful and passive.

Thoughts?
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Old June 13, 2018, 13:12   #2
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Some cops are just dicks.
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Old June 13, 2018, 13:16   #3
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Old June 13, 2018, 13:47   #4
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Guy spends night in slammer wakes up wanting to sue the coppers then realizes they prolly saved his ass so all is good.
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Old June 13, 2018, 13:54   #5
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some kops just make shit up because they can't find a legal way to do what they want to do.
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The next time I hear "THE RANGE IS NOW HOT", it just wont be the same.

Max tried another question. "What sort of people live about here?"
"In THAT direction," the Jin said, waving its right paw round, "lives a Han: And in THAT direction," waving the other paw, "lives a Ming Hare. Visit either you like: they're both mad."
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Old June 13, 2018, 14:33   #6
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Taking the truck's key away probably never crossed their minds....

And so it goes.


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Old June 13, 2018, 18:59   #7
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YOU MUST RESPECT MY AUTHORITAAAA!!!

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Old June 13, 2018, 20:01   #8
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In what state did it occur? Look up Obstruction in their penal code, and see if the actions match the criteria?
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Old June 14, 2018, 06:55   #9
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When your only tool is a hammer blah blah blah.
I've had them show up to my neighbor's house for a bogus suicide call looking and acting like they were ready for a fight.
Some of those guys (arguably more every day) are earning the disdain from the public.
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Old June 14, 2018, 09:28   #10
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When your only tool is a hammer blah blah blah.
I've had them show up to my neighbor's house for a bogus suicide call looking and acting like they were ready for a fight.
Some of those guys (arguably more every day) are earning the disdain from the public.
Yes, and one of the biggest factors contributing this is the very public ass-kissing so many folks give 'em just because they're cops. After a while they forget respect is something ya gotta have in order to get.
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Old June 14, 2018, 10:26   #11
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Yes, and one of the biggest factors contributing this is the very public ass-kissing so many folks give 'em just because they're cops. After a while they forget respect is something ya gotta have in order to get.

Absolutely true.
They don't respect the very people they work for.
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Old June 14, 2018, 10:47   #12
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Reading comprehension 101...

Quote:
Originally Posted by mp View Post
In what state did it occur? Look up Obstruction in their penal code, and see if the actions match the criteria?

Quote:
Originally Posted by Tak View Post
Gwinnett County Georgia
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Old June 14, 2018, 11:00   #13
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Quote:
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Absolutely true.
They don't respect the very people they work for.
Do you view the public, at large, with respect?

Just curious.
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Old June 14, 2018, 11:17   #14
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Do you view the public, at large, with respect?

Just curious.
I interact with the general public in a much more polite manner (with common courtesy and basic respect) than any leo I have had interacted with professionally.

Regardless, whether I view the public one way or another is irrelevant because I don't work at the pleasure of said public.

I'm curious about where your question comes from or where you are trying to go with it. Would you elaborate?
If my answer doesn't fit well with your point, throw us a straw man.
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Old June 14, 2018, 11:20   #15
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Someone must have called the cops on him................
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Old June 14, 2018, 11:21   #16
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Someone must have called the cops on him................
Who's him?
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Old June 14, 2018, 13:49   #17
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Originally Posted by WESOMATIC View Post
I interact with the general public in a much more polite manner (with common courtesy and basic respect) than any leo I have had interacted with professionally.

Regardless, whether I view the public one way or another is irrelevant because I don't work at the pleasure of said public.

I'm curious about where your question comes from or where you are trying to go with it. Would you elaborate?
If my answer doesn't fit well with your point, throw us a straw man.
I attempt to interact in the same manner as you, to the best of my ability and until *the public* proves to me otherwise, individually.

I mostly give people the benefit of the doubt, for starters.

If I were working LE at the pleasure of said public, I would quit my job due to my inability to see the divine spark in everyone, on a daily basis.
It is a challenge I am not always up to, although I give it my best.

Your answer fits just fine, and I can never muster much velocity or distance when throwing straw men.
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Old June 14, 2018, 14:15   #18
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I worked 6 years as a LEO.Trust me, every time a LEO interacts with a Citizen, it's never for a "good" reason. You always are dealing with someone during a bad moment, whether it's a traffic stop or informing them of a death in the family.
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Old June 14, 2018, 14:24   #19
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I worked 6 years as a LEO.Trust me, every time a LEO interacts with a Citizen, it's never for a "good" reason. You always are dealing with someone during a bad moment, whether it's a traffic stop or informing them of a death in the family.
I would agree. I had an ex who was from China. They regularly called cops to mediate arguments over there. Bad idea over here.

Had to get through her head that nothing good ever comes out when cops are involved.

I don't get how you can be arrested on your property if you're minding your business unless his wife called.
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Old June 14, 2018, 18:31   #20
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Had to get through her head that nothing good ever comes out when cops are involved.
Something tells me that in regard to your personal experiences with the po-po, your statement is true... and that those unpleasant interactions were nobody's fault but your own.

Gotta' love today's society. Nobody wants to take accountability of their own actions.... Personal undoing is always someone else's fault.
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Old June 14, 2018, 18:38   #21
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Originally Posted by Tak View Post

Don't remember why they were there in the first ace.

Thoughts?
The po-po didn't spontaneously materialize in the dude's driveway for no reason.

With no idea what transpired beforehand, it is impossible to have a constructive opinion on the matter.
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Old June 14, 2018, 18:50   #22
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Was watching Live PD (my wife loves it) ............

........Thoughts?

Kill your television and get a new hobby....or 2.......



................
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...............
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Old June 14, 2018, 19:09   #23
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Something tells me that in regard to your personal experiences with the po-po, your statement is true... and that those unpleasant interactions were nobody's fault but your own.

Gotta' love today's society. Nobody wants to take accountability of their own actions.... Personal undoing is always someone else's fault.
Yeah I've banged a few chiCX in my life. Some get agitated and like to start shit


I forgot to say that you can GFY too.
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Old June 14, 2018, 23:06   #24
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Yeah I've banged a few chiCX in my life. Some get agitated and like to start shit


I forgot to say that you can GFY too.
You ain't doing it right
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Old June 15, 2018, 10:46   #25
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Kill your television and get a new hobby....or 2.......



................
I don't watch it too much. After a few episodes, you see that all the incidents are:

Black guys getting busted for drugs.
Skinny white guys getting busted for meth.
Homeless people causing public distrubances
White guys busted for drunk driving.
Tatt'ed up trailer types in domestic disputes

There's only so much of that you can watch before it becomes stale and depressing pretty quick.
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Old June 15, 2018, 11:16   #26
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I don't watch it too much. After a few episodes, you see that all the incidents are:

Black guys getting busted for drugs.
Skinny white guys getting busted for meth.
Homeless people causing public distrubances
White guys busted for drunk driving.
Tatt'ed up trailer types in domestic disputes

There's only so much of that you can watch before it becomes stale and depressing pretty quick.
Just get a job in emergency services and live it for a couple years....it will destroy any hope you have for humanity.....
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Old June 15, 2018, 12:13   #27
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I would agree. I had an ex who was from China. They regularly called cops to mediate arguments over there.
everything in china is arranged by consensus and guanxi.
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Nonetheless you disgust me, and I take comfort in the knowledge that your obituary will be nowhere near as humorous as mine.


The next time I hear "THE RANGE IS NOW HOT", it just wont be the same.

Max tried another question. "What sort of people live about here?"
"In THAT direction," the Jin said, waving its right paw round, "lives a Han: And in THAT direction," waving the other paw, "lives a Ming Hare. Visit either you like: they're both mad."
"But I don't want to go among mad people," Max remarked.
"Oh, you can't help that," said the Jin: "we're all mad here. I'm mad. You're mad."
"How do you know I'm mad?" said Max.
"You must be," said the Jin, "or you wouldn't have come here."
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Old June 15, 2018, 12:23   #28
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Quote:
Originally Posted by Tak View Post
I don't watch it too much. After a few episodes, you see that all the incidents are:

Black guys getting busted for drugs.
Skinny white guys getting busted for meth.
Homeless people causing public distrubances
White guys busted for drunk driving.
Tatt'ed up trailer types in domestic disputes

There's only so much of that you can watch before it becomes stale and depressing pretty quick.
Sad thing is that's often a typical night in some jurisdictions
Decent Men tend to get pretty jaded up after awhile, who can blame them ?

I mentioned the local authorities had recovered one of my missing vintage motorcycles from a Meth house a few weeks ago. Was chatting with the investigator a couple days back. They are about positive it was a crew led by one of my now former friends, well actually two of his boys.
further, they are about certain that nothing has left the area.

Interestingly, the raids on my property seem to have ceased as has most other local shitbaggery for the time being.

As to this obstruction business
it's a charge often leveled when nothing else fits
Cops have a couple of these in their tool bag of tricks

Obstruction of lawful process is about the same as Refusal to follow command
Another catch all is the so-called Disorderly conduct. When I was much younger I willfully played these games with certain asshole Officers. Never beat the ride, nearly always beat the citation.

Understand, for the most part your property line is meaningless. When an Officer receives a complaint he has authority to be on your property and can pretty much play Simon Sez at that point with you.
Tried to get this across to folks many times

"Oh so you are telling me you were passed out drunk on your porch & when I cop told you to go inside, sleep it off you didn't ?"

well yeah to jail you can go, don't complain to me mkay'

In the 90s I was at a friends for a big 4th of July BBQ. We were popping off my homebrew Salutes in his field, new neighbor some liberal piece of shit calls the popo. Cops pull up, all they wanted was us to lighten up on the pyro. Mind you this was big crap, 2 ounce charges of flash taped to gallon jugs of thickened petrol as well as a coal dust FAE, neighbor was less than a 1/4 mile away.

Now the Officers were decent, heck it was the 4th of July but my buddy Mike would have no part of it..."Get da fukk off MY Property" sez he then his wild woman joins in on them. All this led to the logical conclusion of the couple stuffed, cuffed and given the ride. Kiddos were bawling, officers let me take charge of them. I did try my best to descalate the blow up, neither mom or dad were listening, I just stood down and let it happen.

Like I stated, I know how these things work. Judge was less than impressed with the whole deal, messed up sticking the couple in lockup. Charges were dismissed, lawyer cost them over 2K, the tickets would have been maybe $500. Probably less.
After that I helped him put up a range, he would shoot a few hundred rounds at a sitting. Bitch became such a 911 bother they started more or less ignoring her complaints. She moved in less than a year.

Thing was the LEOs were well within their authority both with my friends as well as the boozed up clown on that TV show. You pick your battles. Nothing I used to enjoy more than ruining some Authority Piglets day in a Courtroom. I grew out of dispensing Teachable Moments to uniformed jackasses
Trust me, their is nothing more hurtful to police and prosecutors than getting their asses handed back to them in open Court and winning yet another dismissal.

that said, there really have never been a great deal of Officers I regarded worthy of the hassles involved in making an public example of them or worse.
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Old June 15, 2018, 14:39   #29
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Something tells me that in regard to your personal experiences with the po-po, your statement is true... and that those unpleasant interactions were nobody's fault but your own.

Gotta' love today's society. Nobody wants to take accountability of their own actions.... Personal undoing is always someone else's fault.
I've never seen a leo take accountability either.
Usually I've seen the tax payers getting stuck with a bill.
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Old June 15, 2018, 14:55   #30
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The truth!

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Just get a job in emergency services and live it for a couple years....it will destroy any hope you have for humanity.....
That is so true! My faith in humanity is "lower than a whales turd in the Marianas trench."
I see it everyday at work, the lows that people are capable of.
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Old June 15, 2018, 17:40   #31
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That is so true! My faith in humanity is "lower than a whales turd in the Marianas trench."
I see it everyday at work, the lows that people are capable of.
Lot of folks really don't understand that living within their individual bubble worlds.

I tend to treat Officers like normal folks until they verge off into acting like East German Stasi, then I respond poorly indeed.

Try walking down a sidewalk stone cold sober and getting hit with the spot light and red lights. Had that happen a few times wandering around after midnight.

Papers please, Ver Ar Das Papers

Sorry, I'm kind of like all fukk off in jurisdictions where it isn't mandated I identify.
"Am I being detained" ???
that's my response to boy piggish shit like that and yeah I have spent a night in the tank over it a few times.
Okay you took a shit job, that don't mean you unlimited in your assumed Authority. I won't resist, I may go totally limp

Had one special piggie get all frustrated, stuck a can of Mace in my face while his partner was holding me up. Watched the hand, as soon as Idiot number one hit the trigger I jerked my head way to the side. The majority of it went right in partner's face.

Copped an assault on an Officer and resisting arrest beef that time, neither stood a legal test. Wasn't resisting and all I did was dodge the Mace flood
example I gave the Judge was "You mean if I jump out of the way of a gun shot & it hits someone else behind me I am guilty of something"

Some piglets are super stupid
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Old June 15, 2018, 18:00   #32
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2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES
§ 16-10-24 - Obstructing or hindering law enforcement officers
O.C.G.A. 16-10-24 (2010)
16-10-24. Obstructing or hindering law enforcement officers


(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


I did not see this episode, but those who did can make the call. Hindering or willfully obstructing is painted in pretty broad strokes.
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Old June 15, 2018, 18:47   #33
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2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES
§ 16-10-24 - Obstructing or hindering law enforcement officers
O.C.G.A. 16-10-24 (2010)
16-10-24. Obstructing or hindering law enforcement officers


(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


I did not see this episode, but those who did can make the call. Hindering or willfully obstructing is painted in pretty broad strokes.
Broad indeed
Several years back the daughter of one of my gal pals was pinched on it

Girl had a small sack of weed. Piggie Lips demanded to know where it was hid in her car, of course she denied being in possession. They found the herb in her purse and was then tagged with Possession and Obstruction.

Fun part was they dropped the Possession in plea and had her plead out to the Obstruction which was a much larger fine.
Her two friends in the car also were convicted of the same charge for failure to tell on her.
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Old June 15, 2018, 21:27   #34
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2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 10 - OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 2 - OBSTRUCTION OF PUBLIC ADMINISTRATION AND RELATED OFFENSES
§ 16-10-24 - Obstructing or hindering law enforcement officers
O.C.G.A. 16-10-24 (2010)
16-10-24. Obstructing or hindering law enforcement officers


(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.

(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.


I did not see this episode, but those who did can make the call. Hindering or willfully obstructing is painted in pretty broad strokes.
"lawful discharge" gets a pretty loose interpretation most of the time also.
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Old June 15, 2018, 23:53   #35
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You ain't doing it right
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Old June 16, 2018, 00:38   #36
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I did not see this episode, but those who did can make the call. Hindering or willfully obstructing is painted in pretty broad strokes.
1. We do not know what transpired before the po-po arrived.

2. We are reading the an interpretations of what the OP observation, through his personal eyes and biases.

3. We do not know the aftermath to what transpired.

Some questions I would ask:

1. Why are the police there to begin with?

2. Why didn't the guy go inside of the house? Was it his house?

It is not uncommon for a drunk driver to pull into the nearest driveway when stopped by the po-po, whether the driveway belongs to them or not... and claim that they are home in their own driveway.... when they are not.

"Obstruction" is PC (probable cause). Po-po cannot detain without PC. If there is evidence of obstruction, the po-po can use this as PC to detain and investigate. Detainment does not necessarily result in arrest.

The drunk's actions can be rationally articulated as obstructive, hence providing the police PC to detain and investigate further.

The paint stroke appears narrow to me?
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Old June 16, 2018, 00:42   #37
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I've never seen a leo take accountability either.
Usually I've seen the tax payers getting stuck with a bill.
You and meltblown should get a room together. He obviously has issues keeping chix around. You two seem to be on a level mental playing field, you guys are a match in heaven. The only thing you guys have to bicker about is who wears the pants, and who wears the dress.
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Old June 16, 2018, 00:46   #38
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1. We do not know what transpired before the po-po arrived.

2. We are reading the an interpretations of what the OP observation, through his personal eyes and biases.

3. We do not know the aftermath to what transpired.

Some questions I would ask:

1. Why are the police there to begin with?

2. Why didn't the guy go inside of the house? Was it his house?

It is not uncommon for a drunk driver to pull into the nearest driveway when stopped by the po-po, whether the driveway belongs to them or not... and claim that they are home in their own driveway.... when they are not.

"Obstruction" is PC (probable cause). Po-po cannot detain without PC. If there is evidence of obstruction, the po-po can use this as PC to detain and investigate. Detainment does not necessarily result in arrest.

The drunk's actions can be rationally articulated as obstructive, hence providing the police PC to detain and investigate further.

The paint stroke appears narrow to me?
Well if everything is up for grabs, why no suspicion of the police conduct?

1. Could the police be there to rape him?
Daniel Holtzclaw in Oklahoma city proves that is possible and there's actually evidence that it can and does happen. Where's your proof that "drunks" just park in random driveways?

2. What's wrong about not going in one's house?

If you are going to call one side into question that puts the other side in question too.
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Old June 16, 2018, 00:49   #39
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You and meltblown should get a room together. He obviously has issues keeping chix around. You two seem to be on a level mental playing field, you guys are a match in heaven. The only thing you guys have to bicker about is who wears the pants, and who wears the dress.
So you have no argument?
Do you just call people fags when you're out of ideas?
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Old June 16, 2018, 01:05   #40
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Broad indeed
Several years back the daughter of one of my gal pals was pinched on it

Girl had a small sack of weed. Piggie Lips demanded to know where it was hid in her car, of course she denied being in possession. They found the herb in her purse and was then tagged with Possession and Obstruction.

Fun part was they dropped the Possession in plea and had her plead out to the Obstruction which was a much larger fine.
Her two friends in the car also were convicted of the same charge for failure to tell on her.
The fact that the girl denied that there was weed in the car, but the weed was found, suggests that Piggie Lips had PC (probable cause) to search the car. If there was no PC to search the car, a lawyer would have had any evidence obtained from that search tossed, and the girl would have walked. This was obviously not the case.

Piggie Lips stopped the car for a violation of some sort. Upon contact with the driver, Piggie Lips smelled weed. Piggie Lips asked where the weed was located. Girl told Piggie Lips to pound sand. Piggie lips searched the vehicle with PC, found the weed, and girl got her panties in a twist.

Regarding the reduced plea to obstruction.... the girl was was likely charged with both obstruction and possession. The charges were likely plead down to obstruction, and the possession charges were waved. Sounds fair to me?
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Old June 16, 2018, 01:06   #41
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So you have no argument?
Do you just call people fags when you're out of ideas?
I have no clue whether either of you are a guy or chick. If you enjoy cross dressing, that is cool. I meant no offense.
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Old June 16, 2018, 01:07   #42
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The fact that the girl denied that there was weed in the car, but the weed was found, suggests that Piggie Lips had PC (probable cause) to search the car. If there was no PC to search the car, a lawyer would have had any evidence obtained from that search tossed, and the girl would have walked. This was obviously not the case.

Piggie Lips stopped the car for a violation of some sort. Upon contact with the driver, Piggie Lips smelled weed. Piggie Lips asked where the weed was located. Girl told Piggie Lips to pound sand. Piggie lips searched the vehicle with PC, found the weed, and girl got her panties in a twist.

Regarding the reduced plea to obstruction.... the girl was was likely charged with both obstruction and possession. The charges were likely plead down to obstruction, and the possession charges were waved. Sounds fair to me?
Now now, you don't know the whole story.
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Old June 16, 2018, 01:11   #43
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I have no clue whether either of you are a guy or chick. If you enjoy cross dressing, that is cool. I meant no offense.
I'm not here to argue about faggotry with you.
You're clearly the authority on that topic.
Now we know why you go by lockjaw you cock smoker
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Old June 16, 2018, 01:11   #44
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Now now, you don't know the whole story.
Exactly.
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Old June 16, 2018, 01:14   #45
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Exactly.
Then stop making up bullshit
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Old June 16, 2018, 01:17   #46
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Then stop making up bullshit
Thank you for the laugh. I needed that. Cheers.
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