Sounds about right, from what I can tell.
I think you’re missing the legal concept of him signing his rights away. I don’t see how that’s likely. He should be able to pick up the phone and declare the agreement withdrawn.
…followed by the police never showing up again for any reason.
Could be that it’s easier and less hazardous than going after the various murderers referenced in the Miami Herald story, and it generates arrest numbers…
According to a commenter on the Miami Herald article who claims to live in Miami Gardens, the store is a known hangout for drunks and dope dealers. Apparently, police are trying to harass the store owner into kicking out the drug dealers. In 2012 the new mayor instituted a crackdown on crime. They seem to be identifying this store as a focal point for crime, and are cracking down.
There may be a racial aspect as Miami Gardens is 78% black, the mayor, vice mayor, city council, and chief of police are all black. The owner is a hispanic arab and some people in the city seem upset at him for hosting a crime hotspot in their community, because they see it as him looking down on them.
If drug dealers had a major presence there, it seems as if all the stops, searches, and arrests would have already put a damper on their activity. But we are to believe that the police somehow overlook the drug dealers as they stop the clerk for the 259th time in a row.
Gee, I’d bet it ain’t the only place. In any case, I haven’t been to police academy, but I bet that it never taught that the way to get a drug dealer out of the story is to arrest the clerk for trespassing. (Not addressed to you, but to the person whose comments you reported.)
No matter who you are, it is nice to have some group to look down on. That clerk is just lucky he’s not Arab, they’d probably be calling Homeland Security also just in case.
Nothing thus far has come close to explaining how the cops can arrest him for trespassing, of all crimes. How can it possibly be anything but harassment if he’s arrested over 50 times, where he works, and released without trial every single time.
And how in the world some slick lawyer hasn’t come along (by the 10th, 12th, 20th time at least) and already started a (pro bono) harassment suit against them. Did everyone read the part about how a whole crew of them (the RAD cops) just showed up, blocking two aisles and stood there for 10 mins? What?! Are they twelve years old? Good grief! What was that all about, and how the hell can they get away with it?
There’s something bizarre going on here. I can see why Aero would think there’s more to the story. I mean usually when you hear these things, it doesn’t take long for folks to snap to and take it to court. Maybe now that it’s more national news, the usual protectors can take over and get this nonsense sorted out.
Turning the view around, it looks like that’s a school across the street, and a kids’ playground on another corner. If the crime hotspot liquor store is that close, maybe the cops are trying to harass the employees into quitting and the owner into moving somewhere else.
Miami Gardens is such a nice place, I find it hard to believe there is any kind of trouble there.
Well if they want a fast response from the police they need to go to the local [del] donut shop [/del] liquor store.
I hope Sheriff Joe is paying attention to this story. Think of how much illegal immigrant crime he can stop if he arrests Latino-looking people at their place of employment, where they are sitting ducks.
I don’t think some goon with a chalk-stripe suit talking out of the side of his mouth, clucking Cagney-isms to qualify as an extortion attempt.
Municipalities have them if they want to have them; for example NYC has the Civilian Complaint Review Board (which sounds like it reviews all sorts of complaints but actually only reviews complaints about police).
There’s no national body (other than the FBI, there’s no national police) however, if you are a victim of abuse of position you can sue any police body (including local/town police) under a federal law for what’s usually described as “deprivation of civil rights under color of state authority.” This law (called “Section 1983”) applies when conduct of the authority in course of its business is depriving you of your civil rights.
If the police have been there that many times, then I guarantee they know him on sight. Why would they arrest an employee for trespassing? Well, maybe he doesn’t really work there. Maybe he tells the police he does in order to give him a reason to hang out there. Maybe the owner backs him up because he hangs out, sells drugs and gives the owner a cut. Why then, did the owner sign up for the “Zero Tolerance” thing? Maybe he wanted to get rid of enemies or rival drug dealers from hanging out at his business, and it backfired.
The fact that the police don’t prosecute him is puzzling. Doesn’t it take the owner to press charges on private property? The whole thing doesn’t make sense.
Based on one of the articles, it sounds like the charges are being passed to the prosecutors.
I’m not a lawyer, but from the information we have, the prosecutors are probably taking one look and saying that the charges would never stand up in court.
I’m going to relate a personal story. I was ticketed by a officer for crossing a line. background is that he had someone pulled over and I pulled out around him with “vigor”. The car has no power at all so vigor means my foot was to the floor and it buzzed louder than normal. I never exceeded the speed limit. I swung wide to give him more room which by state law I’m suppose to do. He then chases me down and 5 miles later pulls me over. I have to do a sobriety test which I pass.
On the day of the court appearance he doesn’t show. The judge calls me in before court is in session and tells me this officer has pulled stuff like this before and he’s done with the BS. He dismisses it immediately.
I would expect the prosecutor to read the officer the riot act after this happened a couple of times. So the prosecutors and legal advisers for the city have to be in on this or we’re not hearing the full story. If this story is true at face value it would be a civil lawsuit.
A friend was once ticketed for driving 25.5 in a 25 zone. He went to court, and the officer didn’t show. The judge was so pissed that not only did he throw out that ticket, he threw out every ticket in his courtroom that day.