The Soapbox

Eusebia

Joined: 10/05/2018 Posts: 432
Likes: 1139


This article has a link to the prosecutors report with a detailed


description of what happened. I'm a lawyer who has (for a period in the past) worked in the criminal justice system but not as a defense lawyer or prosecutor, so I will be the first to admit that others have far more practical criminal procedure experience than I do - which is the area of law involving stops and searches.

One thing that stood out to me here was the basis for the stop itself - which led directly to the physical escalation. They couldn't legally stop him without reasonable suspicion that a crime had been committed, was being committed or was about to be. I hesitate to say that someone walking down the street even strangely dressed just carrying a bag should rise to this level. Where was the "nexus" so to speak with the commission of a crime? So dressing sketchy is sufficient? Being black in an area that was "high crime?" (Btw who makes the call on what areas are and aren't high crime and how many crimes does it take - a lot of questions with that too). A ski mask and jacket in August is weird but again where is the nexus or link that gets you to the criminal aspect of the behavior to warrant a stop and search to begin with? Where was the crime or threat of one?

(In response to this post by Blah)

Link: Article


Posted: 06/25/2020 at 3:42PM



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