# Kissing your husband while black? Not if the LAPD can help it.

**URL:** <https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492>\
**Category:** The BBQ Pit\
**Created:** [September 14, 2014, 7:21pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492 "2014-09-14T19:21:20Z")\
**Posts on this page:** 20\
**Page:** 18

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [September 15, 2014, 5:17pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/341 "2014-09-15T17:17:04Z")

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> [@Smapti](#):
>
> How did we go from “being asked your name” to “incarcerated without due process”?
> 
> For the record, if my wife/daughter/other significant relation _was_ asked her name by a police officer, I’d be OK with that.
> 
> Now, answer the question I asked you, please.

How did we go from this matter to multiple murderers? Now, answer the questions I asked you. Are you good with her being wrongly imprisoned?

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**Author:** ![JesterX](https://avatars.discourse-cdn.com/v4/letter/j/439d5e/32.png) [@JesterX](https://boards.straightdope.com/u/JesterX)\
**Post date:** [September 15, 2014, 5:17pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/342 "2014-09-15T17:17:08Z")

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> [@iiandyiiii](#):
>
> There are competing concerns here. The courts have made determinations about when a cop can detain someone to identify them, and “this lady wouldn’t give me her ID” isn’t one of those causes.

Then like I said, let the courts determine that and dismiss the charges against her. Her, arguing with the cop in the street is the absolute wrong thing to do.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:17pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/343 "2014-09-15T17:17:18Z")

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> [@Smapti](#):
>
> You misspelled “This lady wouldn’t give me her ID _or_ tell me her name, last or first, and fled the scene when I asked”.

The courts have determined that a person in Watts’ situation is legally allowed to ignore a cop’s request, and legally allowed to walk away, and it is unlawful for a cop to detain them.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:18pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/344 "2014-09-15T17:18:19Z")

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> [@JesterX](#):
>
> Then like I said, let the courts determine that and dismiss the charges against her. Her, arguing with the cop in the street is the absolute wrong thing to do.

Arguing with the cop in the street is not illegal. She was within her rights to not answer the cop’s questions.

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**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\
**Post date:** [September 15, 2014, 5:19pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/345 "2014-09-15T17:19:13Z")

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There was a complaint that there was a lewd act being performed in a public place.

The caller ID’d the couple involved as being a white male and black female.

The responding officer now has a reasonable suspicion that the couple he found, who answered the reported description, and were at the reported location, were the couple who were possibly involved in the lewd act that was reported by a member of the public.

The officer will then proceed to ask questions as to why the couple was there, who they are, and what were they doing. The officer didn’t introduce race into the Q and A. Daniele Watts did.

\*“I want to see your ID. Somebody called, which gives me the right to be here, so it gives me the right to identify you by law,” Sgt. Parker says. “I’m going to get your ID one way or the other.”

“I’d already be gone,” Sgt. Parker tells Lucas after Watts storms off.

Watts is eventually placed in handcuffs for leaving the scene, and it’s during what the officers said was legal detainment that Watts continues to accuse both those who called the police and the police of being racist.

“I bet there is at least one person up there that is a racist. I bet you,” Watts said. “I bet you’re a little bit racist.”\*

> **[Police to 'Django Unchained' Actress Daniele Watts: 'Thank You for Bringing...](https://www.thewrap.com/police-to-django-unchained-actress-daniele-watts-thank-you-for-bringing-up-the-race-card-audio/)**
>
> Listen to the entire incident that outraged Watts on Sunday

It seems to me that Watts acted like an asshole and was detained for walking away from the officer. Watts turned this into a racial issue and is pushing the prostitution angle.

From the same article -  
\*CNN’s Michaela Pereira **informed Watts that police in the state of California are permitted to detain an individual for a reasonable amount of time to attain identification if they have reasonable suspicion a crime was committed**.

“I still feel strongly like I didn’t have to,” Watts said. “In my opinion, it’s not a crime to be fully clothed showing affection on a public street in our own car. If we’re fully clothed — it doesn’t matter how passionately we’re making out — it’s my right and my pleasure to enjoy myself.”\*

Apparently, Watts doesn’t care what the laws say. She’s an actress, doncha know. They are above the law. According to her, she even has a publicist. So what! Next time, Watts should get a room and stop expecting the public to enjoy her un-asked for and unwarranted street performances.

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [September 15, 2014, 5:21pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/346 "2014-09-15T17:21:51Z")

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> [@doorhinge](#):
>
> There was a complaint that there was a lewd act being performed in a public place.
> 
> The caller ID’d the couple involved as being a white male and black female.
> 
> The responding officer now has a reasonable suspicion that the couple he found, who answered the reported description, and were at the reported location, were the couple who were possibly involved in the lewd act that was reported by a member of the public.

If only these facts had been addressed by anyone in this thread up to this point.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:22pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/347 "2014-09-15T17:22:23Z")

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> [@doorhinge](#):
>
> From the same article -  
> \*CNN’s Michaela Pereira **informed Watts that police in the state of California are permitted to detain an individual for a reasonable amount of time to attain identification if they have reasonable suspicion a crime was committed**.

As **Bricker** and **Hentor** have explained, this is only the case if they have reasonable suspicion a **felony** was committed. In this case they only had reasonable suspicion a **misdemeanor** was committed, and therefore the officers were acting unlawfully by detaining Watts. The cops broke the law in this case.

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**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\
**Post date:** [September 15, 2014, 5:22pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/348 "2014-09-15T17:22:38Z")

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> [@JesterX](#):
>
> Well, how would you know they own a gun unless they were openly carrying it?

Gee, let me put on my Imagination Cap and think of some ways.

- They see you leaving a gun shop.
- They see you wearing a shirt with NRA on it.
- They overhear you talking about guns to a friend.
- They knock on your door and demand to know if you own guns.
- They randomly stop passers-by and ask whether they own guns. Everyone who answers yes is flagged as suspicious and must show them their ID.

The fact that you’re even entertaining this line of inquiry is truly fascinating.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 15, 2014, 5:23pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/349 "2014-09-15T17:23:02Z")

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> [@iiandyiiii](#):
>
> They can ask her name, though she doesn’t have to answer. They broke the law by detaining Watts. The courts have determined that it is unlawful to detain someone in those circumstances, as **Bricker** and **Hentor** have explained. The cops broke the law. You are defending the party that broke the law here.

What _law_ prohibits them from detaining her?

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:23pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/350 "2014-09-15T17:23:48Z")

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> [@Smapti](#):
>
> What _law_ prohibits them from detaining her?

Constitutional law. Specifically, the 4th Amendment to the Constitution of the United States.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [September 15, 2014, 5:23pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/351 "2014-09-15T17:23:52Z")

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> [@JesterX](#):
>
> Then like I said, let the courts determine that and dismiss the charges against her. Her, arguing with the cop in the street is the absolute wrong thing to do.

This really means that you don’t have any rights at all.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 15, 2014, 5:24pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/352 "2014-09-15T17:24:10Z")

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> [@Hentor\_the\_Barbarian](#):
>
> How did we go from this matter to multiple murderers? Now, answer the questions I asked you. Are you good with her being wrongly imprisoned?

You first.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 15, 2014, 5:25pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/353 "2014-09-15T17:25:11Z")

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> [@iiandyiiii](#):
>
> As **Bricker** and **Hentor** have explained, this is only the case if they have reasonable suspicion a **felony** was committed. In this case they only had reasonable suspicion a **misdemeanor** was committed, and therefore the officers were acting unlawfully by detaining Watts. The cops broke the law in this case.

Lewd conduct **is** a felony on the second offense.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:26pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/354 "2014-09-15T17:26:07Z")

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> [@Smapti](#):
>
> Lewd conduct **is** a felony on the second offense.

They did not have reasonable suspicion that this was the second offense. They broke the law.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 15, 2014, 5:26pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/355 "2014-09-15T17:26:29Z")

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> [@iiandyiiii](#):
>
> Constitutional law. Specifically, the 4th Amendment to the Constitution of the United States.

And is “violating the 4th amendment” a felony or a misdemeanor? Where does the US Code or CA state law define the offense of “violating the 4th amendment”? How often are people prosecuted on that charge?

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**Author:** ![you\_with\_the\_face](https://avatars.discourse-cdn.com/v4/letter/y/ecccb3/32.png) [@you\_with\_the\_face](https://boards.straightdope.com/u/you_with_the_face)\
**Post date:** [September 15, 2014, 5:27pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/356 "2014-09-15T17:27:12Z")

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> [@Hentor\_the\_Barbarian](#):
>
> Hugh Grant was arrested around 1:30 in the morning. How is that broad daylight?

And that’s what I get for assuming **Omar Little** wasn’t a complete idiot.

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**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\
**Post date:** [September 15, 2014, 5:27pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/357 "2014-09-15T17:27:29Z")

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> [@iiandyiiii](#):
>
> They did not have reasonable suspicion that this was the second offense.

Which is why they needed to identify her.

> [@](#):
>
> They broke the law.

What law?

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:28pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/358 "2014-09-15T17:28:28Z")

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> [@Smapti](#):
>
> And is “violating the 4th amendment” a felony or a misdemeanor? Where does the US Code or CA state law define the offense of “violating the 4th amendment”? How often are people prosecuted on that charge?

People are prosecuted for kidnapping, unlawful detainment, and related charges quite frequently.

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**Author:** ![Hentor\_the\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/h/8edcca/32.png) [@Hentor\_the\_Barbarian](https://boards.straightdope.com/u/Hentor_the_Barbarian)\
**Post date:** [September 15, 2014, 5:28pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/359 "2014-09-15T17:28:42Z")

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> [@Smapti](#):
>
> What law?

Wow.

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**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\
**Post date:** [September 15, 2014, 5:29pm UTC](https://boards.straightdope.com/t/kissing-your-husband-while-black-not-if-the-lapd-can-help-it/698492/360 "2014-09-15T17:29:33Z")

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> [@Smapti](#):
>
> Which is why they needed to identify her.

They broke the law by detaining her.

> [@](#):
>
> What law?

As has been said, the 4th Amendment. Kidnapping, unlawful detainment, and related laws may also be relevant here, but the cops definitely acted unlawfully by detaining Watts.

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