Warrantless search - Rogers County

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Tinytim

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"Resisting passively" is an oxymoron, either you're resisting or you aren't "Manipulate them to get the cuffs on" That's still putting hands on them, so the point still stands. If I put my hands on someone to "Manipulate" them to do something, then it's still assault. I can't say "No sir, I manipulated that officer's hands off of me" it would be "You assaulted an officer". Now say that person that's "Passively resisting" is a large strong male and the arresting officer is a tiny female. Could she "Manipulate" that man into getting into cuffs if he's "passively resisting"? Probably not, she would at best pepper spray him and at worst put a bullet in him.
I think I’ll just shoot them, with my 72 caliber hand cannon😎
 

Tinytim

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A person most certainly can waive their own right, which is what a person does (in part) when entering a restricted area that they otherwise have no right to be. As you said, it's not the area that forces a person to waive their right, it's the person's choice to enter the area that does (in regards to the TSA, anyway)
How is knowingly entering a restricted area an indirect action, though. Has there ever been anyone that 'accidentally' wandered up to a TSA checkpoint and was then forced through? Right up until you voluntarily go through you have the ability to leave the line. Again, it's not an indirect anything

And, regardless, it's also understood that restricted areas enjoy higher levels of what is 'reasonable' vs not with regards to security and searches. You're not being forced to give away any evidence against yourself when you voluntarily go through a security screening.

The ability to walk away from the security checkpoint, before submitting to the search, is the ability to refuse the search.
^^^^^
Winner winner, chicken dinner
It’s a priveledge, not a right to fly and therefore the reasonable expectation is very relaxed, we may not like it, but it’s better than blowing up midair.
 

tweetr

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It's A balmy 70 degrees in Cabo!
Somewhere in between soaking up rays and frolicking in the surf I'll get caught up on my messages.

Nah. Probably I won't!

And no, it is not correct to say that flying is a privilege, and it is not correct to say therefore you do not have the right to be secure. That is the nature of rights. They attach to the person irrespective of what he happens to be doing at the time. It is the province of just governments to protect (not to confer or to limit) such rights.

(Seems to me I read that somewhere! It's right on the tip of my tongue . . .)
 

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OneMoreEvan

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You apparently don't understand some of the terms you're using (in a law enforcement context). Resisting comes in various degrees. Some states have resisting laws that state with or without violence. And simply touching someone doesn't rise to the level of assault (or battery...depending on the law) without some threat of force or violence.

And shooting someone for passively resisting? I think you're just making that s**t up.
An unarmed man with his hands up? That doesn't look like he's actively resisting anything. How about another unarmed man with his hands up? or how about I link to the other hundreds of videos just like these? My Brother in Christ, if you still believe that the police are not the standing army that the Founding Fathers warned us about, I can almost guarantee your coat would have been red
 

OK Corgi Rancher

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I'm not justifying the actions of the officers in either incident. But, you're moving the goalposts here. This is how you initially started this:

"Can I search your car? What do you mean no? I smell weed, I'm gonna do it anyway. STOP RESISTING!" 💥POW 💥 POW 💥 POW 💥 POW 💥 POW 💥 POW 💥 -Average cop these days

Both of these incidents are far more complicated than simple, passive resisting. Both involve men who were armed or reported to be armed. Shaver was drunk and stupid and reached for his waist and, like it or not, the officer was acquitted. I would've handled that call differently but I wasn't there. The other guy, also reportedly armed, who had a history of violence, also should've complied rather than ducking back towards the house.

The simple fact of the matter is, when the police are there due to your bad behavior, it's probably not a good idea to resist or fail to comply when they're yelling at you and pointing guns at you. Even if you think you're right and they're wrong. You'll have your chance to air your side of the story and your grievances at a later time.

Maybe you should watch some of the thousands of videos of "average" people shooting cops without provocation...or ambushing them. None of these things occur in a vacuum.

My Brother in Christ, if you still believe that the police are not the standing army that the Founding Fathers warned us about, I can almost guarantee your coat would have been red

You should pay more attention to what people say because I've already given insight into why I'm no longer a cop in one of my earlier posts in this thread. I'm not gonna justify bad behavior by cops. But I'll not rationalize it for anyone else, either. And I still maintain you can't possibly justify what you said in your first post that I quoted above. I'll concede it may happen or, at a minimum, cops sometimes unjustly shoot people. But to say the average cop will shoot you for refusing a search of your car or even non-violent resisting is ridiculous and can't be defended. It just can't. Do the math on how many people resist the average cop in this country on a given day...gotta be in the hundreds, if not thousands. Some resist with real violence. The number of shootings by police every day would be in the hundreds, or even thousands. It just doesn't happen.
 

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