
Nieves V. Bartlett: Can Police Arrest Loudmouths? - alphabettsy
https://www.theatlantic.com/ideas/archive/2018/11/nieves-v-bartlett-court-rules-police-confrontation/576595/
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HoppedUpMenace
I wonder how something like this is even remotely debatable, its not like we
invented free speech just the other day and now are working out the finer
details of whats ok to say in front of law enforcement, let alone the fact
that it seems like they have wide discretion to interpret the law at that
particular moment according to how they are feeling emotionally.

On the other hand, what if you refuse to speak to any officer, even one that
has no probable cause but would like to know if its gonna rain today and asks
if you could check your phone and tell him and you decide to ignore or walk
away from said officer? Does that establish enough probable cause (granted the
officer feels slighted) to order you to speak or perform an action or present
ID? Then, if they decide you are not complying with orders and put cuffs on
you, how ironic would it be that you now have the right to remain silent once
under arrest but never before?

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aidenn0
From the opposite point of view, police officers have been put in impossible
situations.

Consider: a neighbor calls in police to a domestic dispute. The police are
fairly certain that showing up will escalate the violence, but they aren't
allowed to _not_ show up (indeed they would be liable for anything bad that
happens if they don't), and yet they are also potentially liable for the
violence that happens when they do show up.

I have a friend who is a cop, and one of his pet peeves is being called in for
those threatening suicide. He is not a therapist, and indeed the only thing he
can do that a therapist would not be allowed to do is respond with violence.

In general he says that ~20 years as an officer has seen increasing amounts of
people calling the police for issues that grownups ought to be able to resolve
on their own.

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TomVDB
> ... indeed they would be liable for anything bad that happens if they don't
> ...

Legally liable? I highly doubt that.

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didgeoridoo
Your doubts are well-founded. A few relevant decisions:

\- Warren v. DC (1981): The police have no specific duty to protect you, or to
show up when called.

\- Castle Rock v. Gonzales (2005): The police are not liable for failing to
enforce your restraining order.

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alphabettsy
IMO this should be much more important than who is banned from Twitter.

