News & Blogs Homeless Man Arrested For Charging Cellphone At Public Park

[Desperado Deluxe]

I totally called it. Before I opened the thread I thought to myself where is this at florida? Go figure.

 

[Justin Case]

color of law arrest ? sounds like a $10 thou civil suit ripe for the picking

https://www.law.cornell.edu/uscode/text/18/242
18 U.S. Code § 242 - Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

http://www.fbi.gov/about-us/investigate/civilrights/color_of_law
U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.

During 2012, 42 percent of the FBI’s total civil rights caseload involved color of law issues—there were 380 color of law cases opened during the year. Most of the cases involved crimes that fell into into five broad areas:

• Excessive force;
• Sexual assaults;
• False arrest and fabrication of evidence;
• Deprivation of property; and
• Failure to keep from harm.

False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.
EDIT: Pertinent linked information added

 

[LTD 85]

I live near there and have been there plenty of times. Last time I went there was in January and I am not going back. They have so many signs encouraging people NOT to give money to homeless people, it's ridiculous. I guess the only reason they stay is because there are rich people and they get more money. The city needs to find something else to do other than arrest homeless people for the dumbest of reasons.

in my travels Florida was the only place with billboards saying not to give. i flew right next to sign, trippy stuff

 

[Deleted member 8978]

Anyone ever got arrested for charging a laptop? I'd say go to the public library on that one. How many other cities in FL have tougher so-called laws that deal with homeless people. It's Tampa, Sarasota, and probably Jacksonville so far.

 

[LTD 85]

Boulder Co wrote us tickets without warning for charging on main drag, the outlets are placed everywhere, they were only writing tickets to the traveler and not the housed. Boulder is pretty, cops suck...

 

[Coywolf]

Florida, and a (sounds like) white officer. Makes sense....i was expecting to see a picture of Arcata Plaza when I first opened the thread.​

 

[Billy Cougar White]

Damn! So glad this kind of shit doesn't happen around here in western Canada. That is fuuuuuucked up!

 

[William Howard 2]

i won't chime in, except to say that if the energy the cop expended & caused the court to expend were how much electricity costs, then..
shit..
i just got an idea...

could we put the cops in hamster cages, geared to generators???

I really like how you framed that in "reducing to absurdity" as logic calls it. Its like, where does it all end, that quest to keep maximizing resources?

Man you made a damn good point.

 

[paiche]

Cops only serve the wealthy and police the poor. Cops are useless to the masses, we'd all get along much better if we got together as a community and assessed problem people in our communities and either decide to get together and aid them in their struggle or have community wide shaming for people who do truly unjust acts. The filthy rich need cops to instigate and mess with poor people and shove as many as they can into the privatized prison system where they can get cheap slave labor.

 

[Deleted member 8978]

I don't mind complying with police officers, but don't expect them to brainwash me. I am sure there might be another handful of people saying the same thing.

 

[Hobo Mud]

Wow! Normally when I need to charge my electronics, I typically do it at night around commercial areas and its typically between the early AM hours. Libraries are always nice if I am close to one in the area.

Thus far I have never had issues with law enforcement rolling up on me engaging in this type of activity. And for the record, Florida is one state I avoid like the plague when traveling. They do not like vagrants.

Great post. Appreciate the information.