TFred
Regular Member
"Am I free to go?"
The magic question we have all been taught to use to ascertain whether or not we are technically under arrest.
But apparently in Stafford County, they have invented the magic land of NOT being detained, but also NOT free to go - at the same time!
Unfortunately, this story is being sold as a "Driving while black" issue. What it really appears to be is a corrupt LEO issue. Is there a race component? Who knows. I do know that this LEO needs to be $chooled.
‘Driving while black’ suit fights Va. deputy’s demand for ID
Unfortunately, the man who [was / was not] being detained claims he became fearful for his "well-being," and decided to run. That doesn't help his case in the court of public opinion, but that doesn't change the fact that a LEO can't make up new states of being, where you are "not detained," and "not free to go" at the same time.
TFred
The magic question we have all been taught to use to ascertain whether or not we are technically under arrest.
But apparently in Stafford County, they have invented the magic land of NOT being detained, but also NOT free to go - at the same time!
Unfortunately, this story is being sold as a "Driving while black" issue. What it really appears to be is a corrupt LEO issue. Is there a race component? Who knows. I do know that this LEO needs to be $chooled.
‘Driving while black’ suit fights Va. deputy’s demand for ID
“Am I free to go?” Wingate asked. “Not right now,” answered the deputy.
Wingate asked whether he was being detained; the deputy said he was not.
“Then I’m free to go,” Wingate asked. “No,” said the deputy.
His lawyers wrote, “Mr. Wingate was aware of his rights. He was also aware that he was an African-American man being wrongfully required to identify himself to a white deputy who had confirmed to him that he had done nothing wrong and was not suspected of having done anything wrong.”
Wingate asked whether he was being detained; the deputy said he was not.
“Then I’m free to go,” Wingate asked. “No,” said the deputy.
His lawyers wrote, “Mr. Wingate was aware of his rights. He was also aware that he was an African-American man being wrongfully required to identify himself to a white deputy who had confirmed to him that he had done nothing wrong and was not suspected of having done anything wrong.”
Unfortunately, the man who [was / was not] being detained claims he became fearful for his "well-being," and decided to run. That doesn't help his case in the court of public opinion, but that doesn't change the fact that a LEO can't make up new states of being, where you are "not detained," and "not free to go" at the same time.
TFred