This is contradictory, because under the first circumstance Bricker describes, the suspect cannot be detained lawfully.
Then the question contradicts itself as well;
Well, you’re asking the wrong question.
The police must have reasonable articulable suspicion FOR a crime. Remember: specific, articulable facts that support the suspicion. If the police had seen injuries on the woman, or restraints, or if she screamed, “Please help me, I’m being raped,” then they could point to those facts as specific ones that support rape. Here, though, there were no facts that supported rape.
Statutory rape? The pictures of Ms. Watts do not remotely suggest someone under 18.
Sexual assault? Same problem as rape: no specific, articulable facts to support it.
Pandering? No evidence of money nor things of value being exchanged.
No, because I was only asking about the portions of Bricker’s post in which a detainment is lawful – there are only two circumstances. When you said all three, you were making a contradictory statement.
It was a consensual encounter, a Terry stop, and a warrantless arrest?
More precisely, under the first circumstance the suspect is not “detained” at all.
None of which they could have determined without stopping them, which you’re asserting they had no power to do in the first place.
I am reminded of the joke about the defense strategy in a damaged rental-car case: “First, I will prove that my client never touched this car. Second, I will prove that this car was already damaged when my client took possession. Third, I will prove that my client returned it in perfect condition.”
Over the course of the encounter it progressed.
If it’s a consensual encounter, then she has the right to refuse to cooperate and walk away.
It stopped being consensual when she started yelling.
No, it stopped being consensual (though it never should have stopped being consensual – the cops did not have the legal right to detain her) when she was detained unlawfully. Yelling is not against the law.
I’m guessing in Smapti-world, cops have the right to escalate an interaction as they please, because possible felonies.
Oh good, another bit of insanity for you to defend. You’ll keep the Pit full yet!
The link you provided does not provide any evidence that yelling is assault in any particular district, much less the district of Watts’ detainment. Just because cops arrested someone for yelling does not mean that the cops were correct in the eyes of the law.
The police didn’t escalate the interaction. Watts did.
Your second link describes someone who was arrested after threatening murder and then trying to stab someone.
Actually, all of which they could have determined without stopping them, if these things had happened… if they saw injuries or restraints, heard her scream, saw money or a box of chocolates changing hands… they saw and heard nothing.
Yes they did – they detained her unlawfully.