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!!!!!!!!!! UCLA student stunned by Taser plans suit !!!!!!!!!!
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[QUOTE]Originally posted by bdgee: [QB] "The question still stands. Why didn't he cooperate with the cops from the beginning? The cops didn't ask anyone else because they had their first priority; the student refusing to show he was legally allowed to be there." In other words, according to you, the only reason they asked him for his ID is justified only after the fact and that same excuse justifies beating, torturing, and humiliating him. That amounts to admitting that they did not have adequate cause to search him or his papers, so the argument that he refused to respond as per their wishes is his right to do according to the Constitution. In spite of your siding with the cops and willingness to allow them to ignore the law, it is the cops that acted in violation of the law. [b]Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.[/b] The excuse you provide for them attacking him, that he refused to obey the cops (which could only be involked by the cops after they illegally accousted him, by the way) is trumped unless they had prior and independent reason to believe he was in violation of the law before they asked to see his ID (which are among his papers protected by the Constitution), which seems to be more than just a bit of a stretch, since they accousted no one else with a request for ID. The simple fact is that they acted out of racial prejudice in violation of the Civil Rights act of 1964. Cops DO NOT HAVE authority to accost whomever they wish with request of a particular person to prove he isn't in violation of the law. In particular, with respect to trespassing, which is a criminal matter, to allow the police to indiscriminately request of a person, without specific adequate cause to believe that the individual is in violation of the law, is to violate: [b]Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [/b] [/QB][/QUOTE]
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