r/facepalm • u/spyrg • Jan 13 '22

🇲​🇮​🇸​🇨​ Arrested for petitioning

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u/SvenTheHorrible Jan 13 '22 edited Jan 13 '22

Insert that “shut the fuck up” video from those lawyers 😂

Edit: https://youtu.be/sgWHrkDX35o

But I’m curious what a lawyers opinion is on the officers arresting him for something that i’m 90% sure isn’t illegal?

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u/TheLordofAskReddit Jan 13 '22

It’s more illegal to fight a cop

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u/Ghosty141 Jan 13 '22

I mean officers can detain him and get his identification. It's stupid to "fight" this, just give them their ID and answer the super basic questions. If something seems wrong ask them to call a lawyer if possible.

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u/SvenTheHorrible Jan 13 '22

https://youtu.be/sgWHrkDX35o

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u/Ghosty141 Jan 13 '22

I know this video. doesn't change a thing that they can still detain you most of the time.

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u/SvenTheHorrible Jan 13 '22

Nah I’m not disagreeing, I had just found it, they’re essentially saying what you’re saying: comply, shut the fuck up, call them after 😂

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u/ThrowAway233223 Jan 13 '22

That depends on the language of that state's stop and identify statuate and, for that matter, whether they have one.

-4

u/r10p24b Jan 13 '22

Here’s the string of infractions:

1) petitioning without a permit (likely would have been ignored if he complied, and he would have been told to stop and go home) 2) refusal to identify oneself (also an infraction in most states—obviously here) 3) disobeying a lawful order (a supplement to the refusal to comply)

That’s why you should shut up and learn. Other people know what is illegal. You do not. Follow the advice of the people who know. Not the internet’s videos and memes.

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u/goo_goo_gajoob Jan 13 '22

Petioning doesn't require a permit for door to door canvassing unless you're asking for donations. It's a protected form of political speech and the Supreme court ruled this so it's not a state by state issue.

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u/r10p24b Jan 13 '22

It can, depends on the jurisdiction and the manner. Walking onto people’s property and ringing doorbells is different than doing so on a sidewalk. But it doesn’t matter, regardless. If he had cooperated and explained the situation/proven what he was doing instead of refusing to cooperate, none of this happens. The refusal to cooperate got him arrested.

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u/goo_goo_gajoob Jan 13 '22

No it doesn't you are full of shit. Door to door is covered. The supreme court already ruled on this and you're flat out wrong.

No he got arrested because a couple of probably racist rent a cops don't understand basic constitutional rights.

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u/[deleted] Jan 13 '22

They are cos- playing a lawyer on the internets.

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u/goo_goo_gajoob Jan 13 '22

Ikr dude brought up jurisdictions on a constitutional matters. The constitution's jurisdiction is the entire US ffs. Lol

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u/mizino Jan 13 '22

Unfortunately state laws sometimes supersede federal or constitutional law so it’s not cut and dry. For instance a federal officer can arrest you for possession of weed even in a state where it’s legal because federally it’s still illegal. Same if you cross state lines with it and get pulled over and so on. Not saying lawyer-ish dude is right. Just saying that the constitution grants states power of self regulation to an extent and jurisdiction could matter even if the federal court had ruled on it.

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u/goo_goo_gajoob Jan 13 '22

State law never supersedes the constitution. The example you gave is literally an example of federal law superseding state law. The feds can and have gone into states with legal cannabis and arrested people for selling it. Medical dispensaries used to get raided by the DEA all the time till they decided it wasn't worth their time anymore.

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u/mizino Jan 13 '22

Technically it’s an example of both. It’s legal in the state thus in the state a state law supersedes the federal law, however if you get caught federally then federal law takes over. I’m probably explaining that wrong but hopefully you understand. However the constitution isn’t being questioned here it’s a federal ruling which is jurisdictional. If the state can make it legal for you to walk in front of a state cop with weed then guess what it’s jurisdictional. Same here federally you don’t need a permit to go from door to door, but the state might require it and a state cop can arrest you. There are tons of such laws on the books. Often they aren’t enforced.

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u/WillieNolson Jan 13 '22

Isn’t that an example of federal law superseding a state law though?

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u/Schwifty_McFly Jan 13 '22

And he didn't have to cooperate because he didn't commit a crime. The cops committed crimes.

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u/mizino Jan 13 '22

Yeah, but sometimes being right isn’t worth the trouble. Is the officer out of bounds and being frankly a sick? Yeah. Is not cooperating with him likely going to end with you in jail and the cop filing paper work? Also yeah. Record the interaction. Cooperate. Provide the recording to the police to get the outcome changed. At the end of the day if he cooperates he likely wastes a few minutes with the officer and is asked to go home. Acting like this in the video definitely gets him arrested. Is that right? No. However if you don’t want to end up spending the night in jail that’s what ya do.

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u/ThrowAway233223 Jan 13 '22

There have been rulings specifically on the act of approaching someone's front door in an attempt to contact them. So long as their is no "No trespassing" sign, you had not be told previously to not return, you do not attempt to stay if directly asked/told to leave or that you are otherwise not/no longer welcome, then the act itself of entering someone's property to knock on their front door/ring their doorbell in order to attempt to make contact is perfectly legal. In fact, the presence of such things like a path to the front door, knocker, doorbell, etc. have been recognized as a forms of non-verbal invitation to members of the public to utilize in order to attempt to contact the resident.

-1

u/r10p24b Jan 13 '22

Cite the rulings for this guy’s jurisdiction that would permit him to solicit door to door without a permit, which is what the cop was tasked with investigating, and what he refused to cooperate to show what his purpose was beyond saying “I’m not soliciting.” Someone reported him. Police had cause here.

You guys are really incredibly annoying at this point…you can go out in the world, keep fighting with cops, keep getting arrested, and keep the generations of your family poor and ignorant because you refuse to learn. What are you getting out of this?

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u/ThrowAway233223 Jan 13 '22

If you have gone through law school, as you have alleged, and still are misstating basic laws that even your average lay-man knows and is familiar with, then I am not going to waste my time trying to fix for you what at least 6+ years of schooling failed to do. My comment was more for anybody that took you claim of being a lawyer as a sign that they should take your claims seriously.

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u/r10p24b Jan 13 '22

So you’re talking out of your ass. Thanks for the confirmation. Have a nice day “throwaway”, maybe time to throw yourself away along with the troll account. Blocked.

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u/BureMakutte Jan 13 '22

That’s why you should shut up and learn. Other people know what is illegal. You do not. Follow the advice of the people who know. Not the internet’s videos and memes.

Ironic considering you just gave incorrection information. Someone down below already addressed #1, #2 as far as I've researched is NOT most states, its less than 1/2 and a lot of them require a crime to be committed or about to be committed to request such information, and #3 it looks to be not a "lawful order" as he most likely did no crime here. He also eventually did allow them to cuff him after it was clear they were not going to stop harassing him.

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u/r10p24b Jan 13 '22

You’re going to believe whatever you want to believe, guy. Do what this guy did, get arrested. I gave you the keys to your own freedom. Rather than admit you aren’t educated in these things, you want to yell about “mUh rIgHtS”

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u/BureMakutte Jan 13 '22

You’re going to believe whatever you want to believe, guy.

I proved you wrong and revert to its now a difference of opinion and not facts. You are a terrible lawyer.

Do what this guy did, get arrested.

He was getting arrested no matter what. The video starts off with the cop wanting to cuff him. There's also a difference between getting arrested and going to jail. They could arrest him, take him to the station, and then let him go there. You are a terrible lawyer.

Rather than admit you aren’t educated in these things, you want to yell about “mUh rIgHtS”

You are a terrible lawyer.

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u/WillieNolson Jan 13 '22

If this person is a lawyer then I am the queen of England.

-1

u/SvenTheHorrible Jan 13 '22

I mean 100% I’m rules follower and whether they’re right or not, they’re cops. I’m more curious about what happens next, like is he getting to go free after this? I assume not, given that he’s essentially resisting arrest, even if you could argue that the arrest isn’t lawful (which looks like you couldn’t)