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Nevilledog

(51,200 posts)
Tue Jan 4, 2022, 01:23 PM Jan 2022

DeSantis just had a citizen arrested for peacefully attempting to observe presser in a public buildi



Tweet text:

Ron Filipkowski
@RonFilipkowski
·
Jan 4, 2022
Ron Desantis, who surrounds reporters with sycophants who cheer his answers and jeer the press (on rare occasions when they are allowed to ask questions), just had a citizen arrested for peacefully attempting to observe the presser in a public building.


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Ron Filipkowski
@RonFilipkowski
Here is what Ben Frazier did to get arrested. He mistakenly believed that citizens in FL had 1st Amendment rights. Only cheering fans of Desantis are allowed to attend his events in public buildings.

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DeSantis just had a citizen arrested for peacefully attempting to observe presser in a public buildi (Original Post) Nevilledog Jan 2022 OP
kick Baitball Blogger Jan 2022 #1
Good man. Kept his cool and allowed it to be recorded. This is what's needed. lindysalsagal Jan 2022 #2
Infuriating! We know why he's being arrested, he's black Walleye Jan 2022 #3
"Did we see Steve Bannon in handcuffs?" MyOwnPeace Jan 2022 #31
I question if being black is the reason KS Toronado Jan 2022 #36
Maybe it wasn't why he was arrested but I think it was why he was handcuffed behind Walleye Jan 2022 #37
Oh yea, cops use handcuffs automatically the darker a person's skin is KS Toronado Jan 2022 #38
They automatically treat everybody like a criminal. Walleye Jan 2022 #39
K&R Solly Mack Jan 2022 #4
Plenty of shame to go around in Florida "government." dchill Jan 2022 #5
#DeathSantis, the leader of the "Free State" of Florida just had a Black man arrested LetMyPeopleVote Jan 2022 #6
Just playing to his racist base here. MOMFUDSKI Jan 2022 #9
Holy moly. That's just wrong. LakeArenal Jan 2022 #7
Was he read his Miranda rights when arrested? ProudMNDemocrat Jan 2022 #8
Do you think they are likely to use the results of a custodial interrogation at trial? Effete Snob Jan 2022 #10
I agree. forgotmylogin Jan 2022 #13
Isn't it illegal to restrain someone without arresting them. Delmette2.0 Jan 2022 #17
That is the definition of arrest Effete Snob Jan 2022 #21
Thank you for clarifying that for me. Delmette2.0 Jan 2022 #25
This guide is helpful Effete Snob Jan 2022 #24
Thank you. Delmette2.0 Jan 2022 #26
Dictator DeSantis mcar Jan 2022 #11
He didn't realize it was a restricted country club. IrishAfricanAmerican Jan 2022 #12
DeathSentence's margin of victory in 2018, 32,000. Aviation Pro Jan 2022 #14
Is that just Tickle Jan 2022 #15
Combined Aviation Pro Jan 2022 #20
nope he sues the pants off DeSantis for false arrest vlyons Jan 2022 #16
+1 OverBurn Jan 2022 #28
Just another example tiredtoo Jan 2022 #18
Press conferences are generally limited to members of accredited press. brooklynite Jan 2022 #19
Was this conference limited to member of accredited press? Torchlight Jan 2022 #40
1st Amendment Auditor and Lawyer in 3,2,1....... aeromanKC Jan 2022 #22
Ben Frazier's arrest is symbolic of the racism in Florida's & its Republican Party's history, too. ancianita Jan 2022 #23
Gawd, I hate those people! Grumpy Old Guy Jan 2022 #27
DeSantis is crazier than Trump. sarcasmo Jan 2022 #29
I'm astounded onethatcares Jan 2022 #30
Message auto-removed Name removed Jan 2022 #32
Good thing the presser was indoors. Frazier would have been run over by a cop car had he been sop Jan 2022 #33
Retweeted for exposure! SunSeeker Jan 2022 #34
Isn't that somewhat reasonable? zaj Jan 2022 #35
They won't even tell him he's arrested. WTF. nt live love laugh Jan 2022 #41
Benito DeathSentence is flexing his fascist muscle. Hassler Jan 2022 #42

lindysalsagal

(20,733 posts)
2. Good man. Kept his cool and allowed it to be recorded. This is what's needed.
Tue Jan 4, 2022, 01:26 PM
Jan 2022

Florida has to stop allowing fascism.

Walleye

(31,056 posts)
3. Infuriating! We know why he's being arrested, he's black
Tue Jan 4, 2022, 01:28 PM
Jan 2022

So of course they have to handcuff him. Did we see Steve Bannon in handcuffs? I don’t remember it

KS Toronado

(17,326 posts)
36. I question if being black is the reason
Tue Jan 4, 2022, 04:12 PM
Jan 2022

Believe it was more to do with his words, plus they probably already knew him and had him labeled
as a trouble maker towards repugs.

Walleye

(31,056 posts)
37. Maybe it wasn't why he was arrested but I think it was why he was handcuffed behind
Tue Jan 4, 2022, 04:13 PM
Jan 2022

The cops never even spoke to him to tell him whether he was under arrest. That’s infuriating

KS Toronado

(17,326 posts)
38. Oh yea, cops use handcuffs automatically the darker a person's skin is
Tue Jan 4, 2022, 04:25 PM
Jan 2022

They did not know how to deal with an educated man who politely asked tough questions.
And they knew they were not going to like his questions.

MOMFUDSKI

(5,657 posts)
9. Just playing to his racist base here.
Tue Jan 4, 2022, 01:46 PM
Jan 2022

The repubs hatred of the blacks is astounding. Just one more notch in his belt.

LakeArenal

(28,845 posts)
7. Holy moly. That's just wrong.
Tue Jan 4, 2022, 01:30 PM
Jan 2022

Constitutionally and morally.

I sense a law suit coming. Mr Frazier will probably get a great lawyer, too.

Hopefully for free.

ProudMNDemocrat

(16,793 posts)
8. Was he read his Miranda rights when arrested?
Tue Jan 4, 2022, 01:41 PM
Jan 2022

Since when is it against the law to be at a Press conference?

The Democrat running against DeSantis will use this against him.

 

Effete Snob

(8,387 posts)
10. Do you think they are likely to use the results of a custodial interrogation at trial?
Tue Jan 4, 2022, 02:05 PM
Jan 2022

They are probably not even going to charge him with anything, but I don't get why reading his Miranda rights is relevant.

The point of reading someone's Miranda rights is that it then allows the prosecution to use any statement you make after your arrest against you. If you are (a) in custody and (b) make a statement, then the issue of whether you had knowingly waived your rights determines the admissibility of the statement at trial. Accordingly, the "Miranda" statement is routinely made when arresting suspects.

It only has any relevance in the context of an evidentiary dispute over the use of in-custody statements. It's not as if someone can't be arrested without reading them. The prosecution just can't use any in-custody admission if the person is not informed of them.

Delmette2.0

(4,170 posts)
17. Isn't it illegal to restrain someone without arresting them.
Tue Jan 4, 2022, 02:34 PM
Jan 2022

And arrest involves telling the person why they are being arrested.

 

Effete Snob

(8,387 posts)
21. That is the definition of arrest
Tue Jan 4, 2022, 02:44 PM
Jan 2022

To restrain someone beyond a brief stop (in certain circumstances defined by Terry v. Ohio), IS an arrest.

No, there is no magical incantation required.

In fact, that is why, if you are detained, you should ask "Am I free to leave?" in order to require the police to define what is going on. Because if they no longer reasonably believe you to have committed a crime, then they cannot detain you any longer on that "reasonable belief".

Typically, they WILL state you are under arrest and read your rights, but that is not something to help YOU. It is something that helps THEM, as I explained above.

So, yes, by policy and practice, police will generally inform you that you are under arrest and read your rights. They do not have to do those things, but it is beneficial, to them, to do those things.

 

Effete Snob

(8,387 posts)
24. This guide is helpful
Tue Jan 4, 2022, 02:55 PM
Jan 2022

They don't have to tell you jack:

https://oakleylawky.com/am-i-being-detained-6-questions-you-should-ask-during-interactions-with-the-police/

2. “Am I Being Arrested?”

If they answer “no” to your detainment question, then ask if you are being arrested. You can only be legally arrested if the officer has an arrest warrant or probable cause to do so. During a detainment, if you admit that you have committed a crime or the officer finds evidence that justifies an arrest, you can be officially arrested.

There is no clear line between an arrest and a detainment. The courts will decide if the interaction was an arrest or detainment based on several factors.

Aviation Pro

(12,187 posts)
14. DeathSentence's margin of victory in 2018, 32,000.
Tue Jan 4, 2022, 02:24 PM
Jan 2022

Current Covid fatalities in FL, 64,000.

Do the math, dumbfuck.

brooklynite

(94,737 posts)
19. Press conferences are generally limited to members of accredited press.
Tue Jan 4, 2022, 02:38 PM
Jan 2022

Do you want QANON “sovereign citizens” coming in to observe a Press Conference with Gov Whitmer in Michigan?

onethatcares

(16,185 posts)
30. I'm astounded
Tue Jan 4, 2022, 03:28 PM
Jan 2022

the woman talking to Mr Frazier didn't say she was scared and ran Mr Frazier over with her car.

That is the law here in Floriduh.

Response to Nevilledog (Original post)

sop

(10,253 posts)
33. Good thing the presser was indoors. Frazier would have been run over by a cop car had he been
Tue Jan 4, 2022, 03:53 PM
Jan 2022

on the street.

 

zaj

(3,433 posts)
35. Isn't that somewhat reasonable?
Tue Jan 4, 2022, 04:00 PM
Jan 2022

I can't just expect to walk behind the counter and join a meeting of some mid-level manager at the DMV just because they are a public official in a public building.

This is an act of civil disobedience, and an act of protest, and I support it. But it's not an example of some authoritarian abuse of power as it is being portrayed as.

And I hate defending an authoritarian a user like DeSantis. Don't make me do this again, please! 🤣

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