Abusive Cop: Pastor Shut Down Officer
Pastor Shut him down!!
Side Score: 3
Officer is right
Side Score: 3
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Side: Pastor Shut him down!!
Those cops definitely need to study their laws, because those protesters were definitely violating section 20-7 of the Tempe AZ Municipal Code, which states...
"It shall be unlawful for any person, other than law enforcement personnel or government agencies acting within the scope of their employment, to install, use or operate within any residential zone of the City, a loudspeaker or sound-amplifying device or equipment in a fixed or movable position, on public property including any public right-of-way, without first obtaining a temporary permit from the special events task force.
The special events task force shall consider applications for permits for the use of a loudspeaker or sound-amplifying device as follows:
a. Each applicant for a permit to use or operate a loudspeaker or sound-amplifying device or equipment shall submit a complete special events permit application to the City Special Events Office at least ten (10) days prior to the date upon which such loudspeaker or sound-amplifying device or equipment is to be used or operated. Such application shall state the specific location, date and hours for the proposed use, and the volume of sound proposed to be used measured by decibels.
b. The issuance of a permit shall not be denied to any applicant who complies with the provisions of this section, except for the reasons specified in this article or for failure to remit payment of fees.
The special events task force shall not issue a permit for a loudspeaker or sound-amplifying device or equipment as follows: a. In any location within fifty feet of a school, courthouse, place of worship, hospital or similar institution"
Non-residential zones. It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital"
Side: Officer is right
As providing in LittleMisfits post, the cop was correct in enforcing laws against disturbing the peace. People like this jackass often like to carry around bogus documentation that say things like “you need a tool to measure decibels”. Cops often know the law but rarely know it verbatim. When cops are opposed by street corner lawyers, they usually do whatever they know they are supposed to (even if they can’t quote chapter and verse), get threatened every step of the way, and see no legal repercussions as they were in the right.
And yes, dumbass, a warning is given when you have violated the law. Nobody gets traffic warnings for driving correctly. If you are cited improperly, you get to fight it in court. You don’t get to refuse the officers citation.
Furthermore, the man must identify himself.
“‘Stop and identify’statutes are statutory laws in the United States that authorize police to legally obtain the identification of someone whom they reasonably suspect of having committed a crime.”
And from AZ Law:
“It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person's true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime”
Guys like this never win in court because they are never right. All they get is a clever looking YouTube video.
Side: Officer is right