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X_Digger

(18,585 posts)
36. Actually, the cops are *always* prohibited from arresting you without probable cause.
Fri Mar 23, 2012, 02:03 PM
Mar 2012

Last edited Fri Mar 23, 2012, 10:26 PM - Edit history (2)

That's due to the fourth amendment (and fourteenth).

Here's the section of law in question..

http://law.onecle.com/florida/crimes/776.032.html
[div class='excerpt'](1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

The only thing new in that section is the civil action immunity.

The rest is generally accepted protections we all enjoy, regardless of 'SYG'.

But in this case, Zimmerman doesn't get the protection of the defense set out in this law, since he is the aggressor.

The racist PD is conveniently overlooking this. Thank goodness the DoJ is looking into this. The department has a long history of looking the other way when the victim isn't white.

eta: fixed my flub on 4th v 5th and added link. Thanks MD20

Recommendations

0 members have recommended this reply (displayed in chronological order):

The city manager can be fired, too, I assume. Hissyspit Mar 2012 #1
Yes the CM can be fired too; and, he mightl be unless he acts now! MD20 Mar 2012 #2
Sounds like a level-headed and objective, yet cautious manager, who also understands Thegonagle Mar 2012 #3
+1 Scuba Mar 2012 #4
agree - sounds like a rational manager DrDan Mar 2012 #5
Of course we are crazy.......Crazy about protecting our children!! mrocque Mar 2012 #6
It was bullshit and ass-covering Art_from_Ark Mar 2012 #8
Keep in mind wysimdnwyg Mar 2012 #10
There CAPHAVOC Mar 2012 #12
"Trial by media" is the only reason that the investigation is ongoing. The police were closing it. yardwork Mar 2012 #16
Are you sure CAPHAVOC Mar 2012 #21
The killer was caught in the act of standing over his victim with a gun, Art_from_Ark Mar 2012 #27
That CAPHAVOC Mar 2012 #31
There is police testimony. Atypical Liberal Mar 2012 #29
"It is possible that Martin was handing Zimmerman his ass. " greiner3 Mar 2012 #40
As a martial artist. Atypical Liberal Mar 2012 #52
Police chief gets no-confidence vote in Trayvon Martin case maddezmom Mar 2012 #7
The woman in Call #7 is a total basket case. TahitiNut Mar 2012 #9
You should also look at Zimmerman's 911 calls Alcibiades Mar 2012 #13
What an awful thing to say. As a mother, I would be a "basket case" too if I'd witnessed that. yardwork Mar 2012 #17
I saw an extended interview with Mr. Bonaparte last night on A Brand New World Mar 2012 #11
Thanks. Will read this. freshwest Mar 2012 #14
The letter is coherent and informative. It provides potentially credible explanations for a lot. slackmaster Mar 2012 #15
Note that the city manager says that the "stand your ground" law prohibited them from arrest. yardwork Mar 2012 #18
That's his interpretation of the law slackmaster Mar 2012 #19
My point is that the city manager and the police chief have both cited that law as the reason. yardwork Mar 2012 #20
" based on the facts and circumstances they had at the time." PavePusher Mar 2012 #24
I have yet to hear amuse bouche Mar 2012 #22
Police testimony says he was Zimmerman was injured. Atypical Liberal Mar 2012 #30
Thank you Jeb Bush and your fucked up "stand your ground" law jpak Mar 2012 #23
No, a criminal skates due to inept/corrupt police. n/t PavePusher Mar 2012 #25
That law is awful amuse bouche Mar 2012 #32
Only if police don't do their jobs properly. PavePusher Mar 2012 #33
Nope amuse bouche Mar 2012 #34
That's actually not true. PavePusher Mar 2012 #37
It is true amuse bouche Mar 2012 #45
There is plenty of evidence coming to light of both Zimmermans actions... PavePusher Mar 2012 #46
There is no defense of this law amuse bouche Mar 2012 #47
Please open YOUR eyes. PavePusher Mar 2012 #49
"So please stuff your invented ad hominem back into the sphincter you pulled it from. amuse bouche Mar 2012 #50
More invented ad hominem. PavePusher Mar 2012 #51
he's going to be writing more than a letter arely staircase Mar 2012 #26
Says Florida law PROHIBITS arrest. They couldnt arrest him. Kablooie Mar 2012 #28
I believe there are 15 other states that have similar laws. MD20 Mar 2012 #35
Actually, the cops are *always* prohibited from arresting you without probable cause. X_Digger Mar 2012 #36
It's hard to believe that standing over a dead body with a smoking gun is not probable cause. Kablooie Mar 2012 #38
Especially with the 911 tape showing him chasing Martin. n/t X_Digger Mar 2012 #39
Your excerpt is NOT from the US Constitution. MD20 Mar 2012 #41
Yes, I meant fourth, not fifth (was talking 5th in another thread). X_Digger Mar 2012 #43
In certain communities you'd be surprised at how much the cops can stretch "probable cause" Blue_Tires Mar 2012 #42
It wouldn't surprise me, but I still wouldn't endorse it, even when the result is one I like. n/t X_Digger Mar 2012 #44
yeah, but with this law, I can just see it newspeak Mar 2012 #48
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