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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDeSantis just had a citizen arrested for peacefully attempting to observe presser in a public buildi
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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.
Baitball Blogger
(46,758 posts)lindysalsagal
(20,733 posts)Florida has to stop allowing fascism.
Walleye
(31,056 posts)So of course they have to handcuff him. Did we see Steve Bannon in handcuffs? I dont remember it
MyOwnPeace
(16,938 posts)Not YET!
KS Toronado
(17,326 posts)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)The cops never even spoke to him to tell him whether he was under arrest. Thats infuriating
KS Toronado
(17,326 posts)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.
Walleye
(31,056 posts)Solly Mack
(90,787 posts)dchill
(38,538 posts)LetMyPeopleVote
(145,567 posts)MOMFUDSKI
(5,657 posts)The repubs hatred of the blacks is astounding. Just one more notch in his belt.
LakeArenal
(28,845 posts)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)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)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.
forgotmylogin
(7,531 posts)Hopefully they just escorted him out and let him go and he didn't need rights read.
Delmette2.0
(4,170 posts)And arrest involves telling the person why they are being arrested.
Effete Snob
(8,387 posts)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.
Delmette2.0
(4,170 posts)Effete Snob
(8,387 posts)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.
Delmette2.0
(4,170 posts)Not that I am planning to join a protest to get arrested. That is good information.
mcar
(42,375 posts)IrishAfricanAmerican
(3,818 posts)smh...
Aviation Pro
(12,187 posts)Current Covid fatalities in FL, 64,000.
Do the math, dumbfuck.
Tickle
(2,540 posts)the omicron death or all three combined?
Aviation Pro
(12,187 posts)...
vlyons
(10,252 posts)nt
tiredtoo
(2,949 posts)of fascism. Shame on the good people of Florida for allowing this.
brooklynite
(94,737 posts)Do you want QANON sovereign citizens coming in to observe a Press Conference with Gov Whitmer in Michigan?
Torchlight
(3,361 posts)aeromanKC
(3,327 posts)$$$ for Ben Frazier
ancianita
(36,137 posts)Grumpy Old Guy
(3,172 posts)sarcasmo
(23,968 posts)onethatcares
(16,185 posts)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)
Name removed Message auto-removed
sop
(10,253 posts)on the street.
SunSeeker
(51,709 posts)zaj
(3,433 posts)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! 🤣