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ISTR that most states have laws prohibiting the drinking of alcohol in public, which is why people often drink from bottles wrapped in brown paper ... is this on the basis that the police would not be allowed to inspect the bottle, due to having no probable cause for a search ? TIA
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On Fri, 4 Apr 2008 16:25:04 -0700 (PDT), Jethro <jethro_uk@hotmail.com> wrote:
ISTR that most states have laws prohibiting the drinking of alcohol in public, which is why people often drink from bottles wrapped in brown paper ... is this on the basis that the police would not be allowed to inspect the bottle, due to having no probable cause for a search ? TIA
Actually, you can legally drink in public. To a certain extent. What you cannot do is drive while drinking. Ergo the brown paper bag which makes it impossible for the officer to see what you're drinking. Contrary to popular belief, if the officer suspsects you are consuming impairing liquids while driving that is his probable cause to stop. I was going to into one of my favorite stores and saw two guys ahead of me. Some guy was coming out with a brown paper bag. I see this huge badge being shown suddenly and the one guy is taking a peek inside the paper bag. I quickly found the manager and told him the two guys were from AT&F. The two guys quickly exited the store. I asked a friend of mine who was a deputy sheriff at the time about that. He told me then that AT&F doesn't have the authority to look in brown paper bags like that. But times have changed and so may have the laws and rules. So it's best to check with local authority people to know for sure who can do what and when.
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ISTR that most states have laws prohibiting the drinking of alcohol in public, which is why people often drink from bottles wrapped in brown paper ... is this on the basis that the police would not be allowed to inspect the bottle, due to having no probable cause for a search ?
My suspicion is that people often drink from bottles wrapped in brown paper because (a) if they've got any GOOD stuff to drink, they don't want it stolen (by police or their peers drinking out of bottles wrapped in brown paper), and (b) they attract less attention if they don't make it obvious to any cop across the street, but force him to ask to see it. This is one of the reasons criminals try not to drive a stolen car with the alarm still going off, pass counterfeit USA money with Britney Spears' picture on it, approach cops in uniform to sell them drugs inside the police station, or bring a live TV crew along on a burglary. (Granted, particularly stupid criminals have probably done all these.) I suspect a cop could GET probable cause to inspect the bottle by starting up a conversation with the guy and smelling his breath, observing his behavior, or perhaps asking the guy what he's drinking (he doesn't have to answer, but he may not know that).
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In article <j4sdv35isq0pmevnchpmq5mutsmfe7pujd@4ax.com>, richard <i.do.not@ca.re> wrote:
On Fri, 4 Apr 2008 16:25:04 -0700 (PDT), Jethro <jethro_uk@hotmail.com> wrote: Actually, you can legally drink in public.
Goodness, Richard, are you ever right? In many places you cannot drink in public. New York City, for example, has a law prohibiting open containers of alcohol.
To a certain extent. What you cannot do is drive while drinking.
That's an entirely different crime.
Ergo the brown paper bag which makes it impossible for the officer to see what you're drinking. Contrary to popular belief, if the officer suspsects you are consuming impairing liquids while driving that is his probable cause to stop.
What "popular belief" are you referring to? I imagine the popular belief is that if the officer sees you drinking and driving - in other words, committing a crime - he can stop you.
I was going to into one of my favorite stores and saw two guys ahead of me. Some guy was coming out with a brown paper bag. I see this huge badge being shown suddenly and the one guy is taking a peek inside the paper bag. I quickly found the manager and told him the two guys were from AT&F. The two guys quickly exited the store. I asked a friend of mine who was a deputy sheriff at the time about that. He told me then that AT&F doesn't have the authority to look in brown paper bags like that. But times have changed and so may have the laws and rules. So it's best to check with local authority people to know for sure who can do what and when.
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On Fri, 04 Apr 2008 21:56:54 -0400, Larry <x@y.com> wrote:
In article <j4sdv35isq0pmevnchpmq5mutsmfe7pujd@4ax.com>, richard <i.do.not@ca.re> wrote: Goodness, Richard, are you ever right? In many places you cannot drink in public. New York City, for example, has a law prohibiting open containers of alcohol.
Hey larry? you ever been outside of NYC? You ever been to a real home that has that green stuff around it we call grass? Most states, probably including new york, allows consumption of alcohol on private property even though that private property is in the public view. You ever been to one of them outdoor sidewalk cafe things where they serve beer? Why aren't they violating the law? Oh maybe it has to do with a little piece of paper called a permit.
That's an entirely different crime. What "popular belief" are you referring to? I imagine the popular belief is that if the officer sees you drinking and driving - in other words, committing a crime - he can stop you.
Ah but only if he can "CLEARLY" see the labeling. So he passes me, and he sees me holding a brown paper bag up to my mouth. Is that alone probable cause? What if the content of the bottle I'm drinking from is water?
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On Fri, 04 Apr 2008 21:56:54 -0400, Larry <x@y.com> wrote: Hey larry? you ever been outside of NYC? You ever been to a real home that has that green stuff around it we call grass? Most states, probably including new york, allows consumption of alcohol on private property even though that private property is in the public view.
So you think that when the OP asked about " laws prohibiting the drinking of alcohol in public" by "in public" he was referring to people drinking on their front porch or in their back yard? Jesus @$#* a tree but you're a utter @$#*ing retard.
You ever been to one of them outdoor sidewalk cafe things where they serve beer? Why aren't they violating the law? Oh maybe it has to do with a little piece of paper called a permit.
If it were legal to drink in public, why would a cafe need a permit to serve beer outside? Take your time you completely stupid @$#*ing moron, it's a trick question.
Ah but only if he can "CLEARLY" see the labeling. So he passes me, and he sees me holding a brown paper bag up to my mouth. Is that alone probable cause? What if the content of the bottle I'm drinking from is water?
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In article <8i2ev3hpbffme2qa4ic001egjcejpcc4k3@4ax.com>, richard <i.do.not@ca.re> wrote:
On Fri, 04 Apr 2008 21:56:54 -0400, Larry <x@y.com> wrote: Hey larry? you ever been outside of NYC?
Yes, many times.
You ever been to a real home that has that green stuff around it we call grass? Most states, probably including new york, allows consumption of alcohol on private property even though that private property is in the public view.
That's not "drinking in public" then. It's drinking on private property.
You ever been to one of them outdoor sidewalk cafe things where they serve beer? Why aren't they violating the law? Oh maybe it has to do with a little piece of paper called a permit.
Right. Without the permit, they would be violating laws about serving alcohol, and the patrons would be violating laws about consuming alcohol in public. You DO realize you just proved yourself wrong and made my point? The reason these places get the permits is because without them, it is against the law! To a certain extent. What you cannot do is drive while drinking. That's an entirely different crime. Ergo the brown paper bag which makes it impossible for the officer to see what you're drinking. Contrary to popular belief, if the officer suspsects you are consuming impairing liquids while driving that is his probable cause to stop. What "popular belief" are you referring to? I imagine the popular belief is that if the officer sees you drinking and driving - in other words, committing a crime - he can stop you.
Ah but only if he can "CLEARLY" see the labeling.
Not at all. In fact, most drunk drivers are not actually drinking while they drive. Drunk drivers are caught most commonly either at checkpoints or after being pulled over for some erratic driving or traffic infraction. Then the officer sees indications they've been drinking - we all know what they are, we've all been around drunk people - so they're arrested for DWI.
So he passes me, and he sees me holding a brown paper bag up to my mouth. Is that alone probable cause? What if the content of the bottle I'm drinking from is water?
Why does "probable cause" matter? Probable cause is needed to arrest you - not for the police to walk up to you and ask a question or two. I was going to into one of my favorite stores and saw two guys ahead of me. Some guy was coming out with a brown paper bag. I see this huge badge being shown suddenly and the one guy is taking a peek inside the paper bag. I quickly found the manager and told him the two guys were from AT&F. The two guys quickly exited the store. I asked a friend of mine who was a deputy sheriff at the time about that. He told me then that AT&F doesn't have the authority to look in brown paper bags like that. But times have changed and so may have the laws and rules. So it's best to check with local authority people to know for sure who can do what and when.
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Larry wrote:
In article <8i2ev3hpbffme2qa4ic001egjcejpcc4k3@4ax.com>, richard <i.do.not@ca.re> wrote: Yes, many times. That's not "drinking in public" then. It's drinking on private property. Right. Without the permit, they would be violating laws about serving alcohol, and the patrons would be violating laws about consuming alcohol in public. You DO realize you just proved yourself wrong and made my point? The reason these places get the permits is because without them, it is against the law! To a certain extent. What you cannot do is drive while drinking. That's an entirely different crime. Ergo the brown paper bag which makes it impossible for the officer to see what you're drinking. Contrary to popular belief, if the officer suspsects you are consuming impairing liquids while driving that is his probable cause to stop. What "popular belief" are you referring to? I imagine the popular belief is that if the officer sees you drinking and driving - in other words, committing a crime - he can stop you. Not at all. In fact, most drunk drivers are not actually drinking while they drive. Drunk drivers are caught most commonly either at checkpoints or after being pulled over for some erratic driving or traffic infraction. Then the officer sees indications they've been drinking - we all know what they are, we've all been around drunk people - so they're arrested for DWI. Why does "probable cause" matter? Probable cause is needed to arrest you - not for the police to walk up to you and ask a question or two.
Does the suspect have a right to remain silent?
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In article <65pnv3F2hem2bU1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote:
Larry wrote: Does the suspect have a right to remain silent?
It depends.
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On Apr 4, 5:25=A0pm, Jethro <jethro...@hotmail.com> wrote:
ISTR
"ISTR"?? Whatsit?
that most states have laws prohibiting the drinking of alcohol in public,
Umm... *In All The States* that *I've* been in, The Prohibition against "*Consuming Alcohol In Public*" has been a Function Of MUNICIPAL Code... State Law *Ordinarily* being SILENT on the Matter...
which is why people often drink from bottles wrapped in brown paper ...
Got No Idea what The Actual Motivation is for Brown Paper Bag Imbibers to employ said Disguise, but I'll Pretty Nearly Guarantee that That Threadbare Deception offers NO PROTECTION against being Charged with the Relevant Offense...
is this on the basis that the police would not be allowed to inspect the bottle, due to having no probable cause for a search ?
Suck-Ass Pigs don't need "Probable Cause" in this Circumstance, AND I Doubt that the "UNobtrusive [BRIEF] Detention" Effected to [ATTEMPT TO] Determine what's In THE BAG/Container rises to the Level of a Full- Blown "Search".. SAPs would have, *seeing only* a Person Carrying/ Drinking From a Container inside a Paper Bag, the REQUISITE "Reasonable Suspicion" to effect a "Terry Encounter" to Determine whether their *REASONABLE* Suspicions are Well-Founded and from that, whether they can "Boot Strap" the Encounter, Asking Questions & Making Observations which would provide The REQUISITE *Probable Cause* to proceed to the Next Level, which could Very Well Include a "Custodial Arrest"... AND... The Odds are in SAP's Favor at this point since Mr BrownBagger likely SMELLS of Jack Daniels, Slurs his Speech, [Oyy Don Amfer Kestshuns...BWAAAUUUURRRRP...] is UNsteady, has Blood-Shot Eyes, Ad Nauseam... OR Any Combination thereof...
TIA
Naughtius "I'm Not As Thimk As You Drunk Am I" Maximus
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In article <65pnv3F2hem2bU1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote: It depends.
Then is really isn't much of a "right" is it, Larry ?
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naughtius@netscape.net wrote:
On Apr 4, 5:25 pm, Jethro <jethro...@hotmail.com> wrote: "ISTR"?? Whatsit? Umm... *In All The States* that *I've* been in, The Prohibition against "*Consuming Alcohol In Public*" has been a Function Of MUNICIPAL Code... State Law *Ordinarily* being SILENT on the Matter... Got No Idea what The Actual Motivation is for Brown Paper Bag Imbibers to employ said Disguise, but I'll Pretty Nearly Guarantee that That Threadbare Deception offers NO PROTECTION against being Charged with the Relevant Offense... Suck-Ass Pigs don't need "Probable Cause" in this Circumstance, AND I Doubt that the "UNobtrusive [BRIEF] Detention" Effected to [ATTEMPT TO] Determine what's In THE BAG/Container rises to the Level of a Full- Blown "Search".. SAPs would have, *seeing only* a Person Carrying/ Drinking From a Container inside a Paper Bag, the REQUISITE "Reasonable Suspicion"
So how is drinking soda or juice from a container inside a Paper Bag "suspicious" ?
to effect a "Terry Encounter" to Determine whether their *REASONABLE* Suspicions are Well-Founded and from that, whether they can "Boot Strap" the Encounter, Asking Questions & Making Observations which would provide The REQUISITE *Probable Cause* to proceed to the Next Level, which could Very Well Include a "Custodial Arrest"... AND... The Odds are in SAP's Favor at this point since Mr BrownBagger likely SMELLS of Jack Daniels, Slurs his Speech, [Oyy Don Amfer Kestshuns...BWAAAUUUURRRRP...] is UNsteady, has Blood-Shot Eyes, Ad Nauseam... OR Any Combination thereof... Naughtius "I'm Not As Thimk As You Drunk Am I" Maximus
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In article <65r9nkF2g58cdU1@mid.individual.net>, "Reality_Check" <Reality@Check.it> wrote:
Then is really isn't much of a "right" is it, Larry ?
It is, it just isn't an absolute right.
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On Apr 6, 10:04=A0am, "_ Prof. Jonez _" <thep...@jonez.net> wrote:
naught...@netscape.net wrote: that most states have laws prohibiting the drinking of alcohol in public, which is why people often drink from bottles wrapped in brown paper ... is this on the basis that the police would not be allowed to inspect the bottle, due to having no probable cause for a search ? So how is drinking soda or juice from a container inside a Paper Bag "suspicious" ?
[Snip] Well, Of Course, it's NOT the Actus Reus of *drinking* an UNknown Substance, which *could be* INNOCENT Soda or Juice... OR NOT So Innocent Barley Pop, Joy Juice, Bluhhdy Grog, Warm Piss, or Sterno... It Is the *Concealing* of One's Beverage - Which *could very well be* the aforementioned Barley Pop/Joy Juice/Etc - in the Brown Paper Bag of a Size and Shape which could ONLY accomodate a Single, Usually Cylindrical Container, customarily distributed by Package Liquor Stores, that gives rise to the Ordinary Suck-Ass Pig's *Reasonable* Suspicion that CRIME [Public Consumption of Alcohol] is Afoot... ANNnnnd... As We ALL Know... Swear And Affirm... Suck-Ass Pigs, WHEN They Possess the REQUISITE, MANDATORY, Articulable _FACTS_ amounting to REASONABLE Suspicion, - The MINIMUM STANDARD of "Cause" SAPs MUST Have in order to LAWFULLY Hinder a Citizen's Liberty to Move About Freely - SAPs are then *Authorized* to make a *BRIEF*, UNobtrusive, **Detention** in order To Investigate Further their Suspicions of CRIME Afoot... Per Terry v Ohio... ANNnnnd... AS ALWAYS, NO Citizen can be Compelled To Cooperate with, i.e., Answering Questions/Permitting a Search, a SAP's Investigation Based On "Reasonable Suspicion," OTHER THAN he/she MUST NOT "Break" or Use Force Against the SAP's BRIEF, UNobtrusive Detention... Which IS a Separate CRIME, In & Of Itself... Naughtius "Better To Reuse A BIG GULP" Maximus
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Larry wrote:
In article <65r9nkF2g58cdU1@mid.individual.net>, "Reality_Check" <Reality@Check.it> wrote: It is, it just isn't an absolute right.
Sounds more like a gov't granted privilege then ...
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Larry wrote: Does the suspect have a right to remain silent?
Anything you fail to say now could affect you when in court. Thus you should have your case prepared.
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naughtius@netscape.net wrote:
On Apr 6, 10:04 am, "_ Prof. Jonez _" <thep...@jonez.net> wrote: [Snip] Well, Of Course, it's NOT the Actus Reus of *drinking* an UNknown Substance, which *could be* INNOCENT Soda or Juice... OR NOT So Innocent Barley Pop, Joy Juice, Bluhhdy Grog, Warm Piss, or Sterno... It Is the *Concealing* of One's Beverage - Which *could very well be* the aforementioned Barley Pop/Joy Juice/Etc - in the Brown Paper Bag
So if it's another color, and not paper it wouldn't be suspicious, eh?
of a Size and Shape which could ONLY accomodate a Single, Usually Cylindrical Container, customarily distributed by Package Liquor Stores, that gives rise to the Ordinary Suck-Ass Pig's *Reasonable* Suspicion that CRIME [Public Consumption of Alcohol] is Afoot...
So if the drunkards poured their alcohol beverage into a soda or juice container, and proceeded to drink openly from that, the suspicion would be severely mitigated, eh?
ANNnnnd... As We ALL Know... Swear And Affirm... Suck-Ass Pigs, WHEN They Possess the REQUISITE, MANDATORY, Articulable _FACTS_ amounting to REASONABLE Suspicion, - The MINIMUM STANDARD of "Cause" SAPs MUST Have in order to LAWFULLY Hinder a Citizen's Liberty to Move About Freely - SAPs are then *Authorized* to make a *BRIEF*, UNobtrusive, **Detention** in order To Investigate Further their Suspicions of CRIME Afoot...
Or they could just shoot your ass dead, and claim you caused them "to fear for their life".
Per Terry v Ohio... ANNnnnd... AS ALWAYS, NO Citizen can be Compelled To Cooperate with, i.e., Answering Questions/Permitting a Search, a SAP's Investigation Based On "Reasonable Suspicion," OTHER THAN he/she MUST NOT "Break" or Use Force Against the SAP's BRIEF, UNobtrusive Detention... Which IS a Separate CRIME, In & Of Itself...
You better catch up with SCOTUS decisions, the police can compel you to identify yourself, or take you into custody for said refusal.
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In article <x-444459.21565404042008@earthlink.vsrv-sjc.supernews.net>, Larry <x@y.com> wrote:
In article <j4sdv35isq0pmevnchpmq5mutsmfe7pujd@4ax.com>, richard <i.do.not@ca.re> wrote: Goodness, Richard, are you ever right?
Actually Richard said "To a certain extent." Which is true. Nice going Larry, you've been bested by Richard.
In many places you cannot drink in public. New York City, for example, has a law prohibiting open containers of alcohol.
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tjab wrote:
Larry <x@y.com> wrote: Actually Richard said "To a certain extent." Which is true. Nice going Larry, you've been bested by Richard.
OMG! Has Larry reached the bottom yet, or is there no limit to the depths of his ignorance and stupidity ?
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tjab@wam.umd.edu (tjab) wrote in news:ftb4ba$7gg@rac1.wam.umd.edu:
In article <x-444459.21565404042008@earthlink.vsrv-sjc.supernews.net>, Larry <x@y.com> wrote: Actually Richard said "To a certain extent." Which is true. Nice going Larry, you've been bested by Richard.
If by "to a certain extent," you think that richard was talking about drinking water on the sidewalk. <snip>
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On Apr 5, 11:27=EF=BF=BDpm, Larry <x...@y.com> wrote:
In article <65pnv3F2hem2...@mid.individual.net>, =EF=BF=BD"_ Prof. Jonez _" <thep...@jonez.net> wrote: It depends.- Hide quoted text - - Show quoted text -
Do either of you morons realize that you are posting to a UK (as in UK) legal group? It must be Spring. The idiots are in bloom!
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In article <65shrmF2hd5o4U1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote:
Larry wrote: Sounds more like a gov't granted privilege then ...
Nope. You have the absolute right to remain silent in certain circumstances, not others. For example, if you're on your front porch drinking from a container concealed by a brown paper bag, and an officer asks what is in the bag, you don't need to answer. If you try to board an aircraft carrying a liquid concealed in a brown paper bag, and you're asked what it is, you must either tell or show the TSA officials what it is if you want to board the plane.
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Larry wrote:
"_ Prof. Jonez _" <theprof@jonez.net> wrote: Nope. You have the absolute right to remain silent in certain circumstances, not others.
So when a cop asks for your name and/or identification, in what circumstances does a person have an "absolute right to remain silent" ?
For example,
<snip Larry's stupid off-point examples>
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In article <65t0dtF2hd4n3U1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote:
Larry wrote: So when a cop asks for your name and/or identification, in what circumstances does a person have an "absolute right to remain silent" ?
Why are you asking me? It's not like you'd accept what I tell you. For example,
<snip Larry's stupid off-point examples>
You mean the "off-point" example that was an example that answers the question you just asked?
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Larry wrote:
In article <65t0dtF2hd4n3U1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote: Why are you asking me? It's not like you'd accept what I tell you.
Evasion noted ... but with the public bruising you've taken lately I can understand your fear.
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In article <65t18nF2hd1vcU1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote:
Larry wrote: Evasion noted ... but with the public bruising you've taken lately I can understand your fear.
Public bruising? You're too ignorant to realize I've been toying with you. Except for your lapdog tjab, everyone on usenet knows you're a pathetic joke.
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You ever been to a real home that has that green stuff around it we call grass? Most states, probably including new york, allows consumption of alcohol on private property even though that private property is in the public view. That's not "drinking in public" then. It's drinking on private property. At least one small suburban town in my area (Belmont, California) has an ordinance against drinking within view of the public. A friend of mine was working on his car, in his garage, with the garage door open, and drinking a beer. Cop drives by, stops, backs up, exits the cruiser and writes him a ticket.
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In article <Rc6dnZWCo7ViF2TanZ2dnUVZ_oytnZ2d@comcast.com>, Bo Raxo <crimenewscenter@gmail.com> wrote:
At least one small suburban town in my area (Belmont, California) has an ordinance against drinking within view of the public. A friend of mine was working on his car, in his garage, with the garage door open, and drinking a beer. Cop drives by, stops, backs up, exits the cruiser and writes him a ticket.
What is the thinking behind such laws? Is it to stop delicate sensibilities from being offended or youth being corrupted? Is it considered unpatriotic? Is it the same prudery that leads to men's nipples and stallions' balls being airbrushed out? Francis
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Larry wrote:
"_ Prof. Jonez _" <theprof@jonez.net> wrote: Public bruising? You're too ignorant to realize I've been toying with you. Except for your lapdog tjab, everyone on usenet knows you're a pathetic joke.
"What do you think a "DNA Warrant" is? There is no such thing." -- Larry the lying legal stooge " [The Jury] might have unanimously found that he probably committed the crime, or likely committed them, or possibly committed them - *or* that he was in fact innocent." -- Larry the idiot "The jury was hung. Whether it was hung 11 for the top count and 1 for a lesser count or 1 for the top count and 11 to acquit is of no legal relevance in terms of bail." -- Larry the legal imbecile " Actually, prisons are one of the few public places where you can still smoke." -- Larry the idiot "There are over 1300 ADAs in New York City alone, and I personally know at least a half-dozen named Larry or Lawrence." -- Larry the eponymous fool " I don't know a single attorney, public or private, who knows his/her attorney registration number." -- Larry Glasser Larry the Imbecile also claims that 0.625 grams is "far more than a gram" and that a handcuffed man will "fall faster" when pushed off a cliff.
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Francis Burton wrote:
In article <Rc6dnZWCo7ViF2TanZ2dnUVZ_oytnZ2d@comcast.com>, Bo Raxo <crimenewscenter@gmail.com> wrote: What is the thinking behind such laws? Is it to stop delicate sensibilities from being offended or youth being corrupted? Is it considered unpatriotic? Is it the same prudery that leads to men's nipples and stallions' balls being airbrushed out?
Amerikkkans are prudish cunts.
Francis
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In article <65uq4kF2glhdbU1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote:
Larry wrote: "What do you think a "DNA Warrant" is? There is no such thing." -- Larry the lying legal stooge
How'd I know you'd come back with these stock, out-of-context statements that do more to show your ignorance of the law than anything about me? Oh yeah. It's because its all you have.
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In article <65uq4kF2glhdbU1@mid.individual.net>, "_ Prof. Jonez _" <theprof@jonez.net> wrote: How'd I know you'd come back with these stock, out-of-context statements that do more to show your ignorance of the law than anything about me?
Sure lyin' Larry. Why not ram both feet up your ass now and invent a "context" for your absurd assertions? "What do you think a "DNA Warrant" is? There is no such thing." -- Larry the lying legal stooge " [The Jury] might have unanimously found that he probably committed the crime, or likely committed them, or possibly committed them - *or* that he was in fact innocent." -- Larry the idiot "The jury was hung. Whether it was hung 11 for the top count and 1 for a lesser count or 1 for the top count and 11 to acquit is of no legal relevance in terms of bail." -- Larry the legal imbecile " Actually, prisons are one of the few public places where you can still smoke." -- Larry the idiot "There are over 1300 ADAs in New York City alone, and I personally know at least a half-dozen named Larry or Lawrence." -- Larry the eponymous fool " I don't know a single attorney, public or private, who knows his/her attorney registration number." -- Larry Glasser Larry the Imbecile also claims that 0.625 grams is "far more than a gram" and that a handcuffed man will "fall faster" when pushed off a cliff.
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ISTR that most states have laws prohibiting the drinking of alcohol in public, which is why people often drink from bottles wrapped in brown paper ... is this on the basis that the police would not be allowed to inspect the bottle, due to having no probable cause for a search ?
Yes. A conviction cannot properly be based on evidence gained through a search that is not based on a warrant or probable cause. So the drinker's chosen method is based on the assumption that the police won't bother with an arrest if a conviction should not be obtainable. The fact that as person has the bottle in a bag is not probable cause. Also, smelling the alcoholic beverage on the breath of the suspect would not create probable cause if the reason the officer started the conversation was to gather evidence of the crime. This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney. McGyver
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On Apr 6, 12:12=A0pm, "_ Prof. Jonez _" <thep...@jonez.net> wrote:
naught...@netscape.net wrote: So if it's another color, and not paper it wouldn't be suspicious, eh?
Well... IF by "another color" AND "not paper", you mean Such Things as a Plastic Slip-On Cover, Designed & Colored to Resemble a Coke/ Pepsi/Mountain Dew/A&W Root Beer Can, Occasionally Sold at Liquor Stores and Novelty Shops... OR Pouring the entire Bali Hi Bottle into a Covered/Strawed BIG Gulp... OR a 12-Pak into a Bicycle Hydration Backpack... then Of Course it would be *LESS* Suspicious... *Not Necessarily* giving rise to "REASONABLE Suspicion" that CRIME IS Afoot... Beyond that, Your Query Here BEGS The Question of "Totality Of Circumstances"... [A DIShelveled Male, Walking UNsteadily Along the Sidewalk, Adjacent To a Saint Pat's Day Parade, Clutching & Drinking =46rom a HEADLESS Chatty Cathy Doll... Singing OFF-KEY, "Bottle of Wine, Fruit a The Vine, Let me go home an' Get SOBERRrrr... " "99 Boddles a BEER on th' Wall..." "Star-Spangled Banner"... "In-A-Gadda-Da- Vida"...] Whaddaya Think? REASONABLE Suspicion EVEN Tho' NO "Brown Paper Bag" in sight?
So if the drunkards poured their alcohol beverage into a soda or juice container, and proceeded to drink openly from that, the suspicion would be severely mitigated, eh?
Yes. SEE "Totality Of Circumstances" Above...
Or they could just shoot your ass dead, and claim you caused them "to fear for their life".
Yeah?? Suck-Ass Pigs Do That ALL The Time... From Latino Teen-Agers 100 Feet Away, RUNNING F | | |