“Am I being detained?”
Powerful words. I was on a Greyhound the morning of September 12, 2012 after a 12 hour trip and was really looking forward to getting off the bus. As we pulled up to the terminal in Memphis, TN, my final destination, I saw a couple of uniformed figures headed toward the bus. The driver announced we should all keep our seats. One guy in some kind of security service uniform and a city cop climbed on and said that in an effort to curb drugs and money smuggling they wanted us to get off one by one, set down our carry-ons and step away while they let a dog sniff it.
Then, they asked if there were any questions. I was seated 6 or so rows back and I asked, “Are we were being detained?” No response at all. They started their little operation, and it was slow. When I finally reached the bottom of the steps I saw the guy in front of me had just put down his bags and was stepping well away as ordered. I stopped and held up my bags shoulder high and again asked, “Am I being detained?” I looked directly at the officers as I said it. Again no response, so I said, “Well I guess I’m free to go.” I stepped off the bus and noticed all the people who had already been sniffed were all standing there instead of going into the terminal.
I stopped and said, “You know we don’t have to put up with this, right?” At that point, I went ahead and headed for the door. A moment later I heard the local cop yell for me to come back. I saw him coming so I just stopped and let him approach. He then tried a little escalation technique telling me to shut up or I’d be charged with disorderly conduct. He called me a “fucker” or something similar and stalked off. I yelled after him, “Who’s being disorderly now?” – Then I went on about my business. I hope everyone who witnessed the event learned something. If you don’t exercise your freedoms, you don’t have any freedom.
This story was written by David Connolly.
David Connolly, 40, of Lyndhurst, was arrested and charged with possession of CDS and possession of paraphernalia. Connolly was later released with a summons and pending a court hearing.
I’m sure its a completely different person then the author.
Common Sense, even if it is the same guy… what does that have to do with this event? Do you want sympathy… do you want little us readers to sympathize with the police “just doing their job” to help us all be safe? Nobody should consent to this nazi bullshit!
Common NonSense,
There are are 291 people with the name David Connolly in the US based on the white pages database alone. (http://names.whitepages.com/David/Connolly)
I hope the author feels the need to visit a lawyer, and files a suit against you for blatant baseless libel.
Since it is obvious you are in the shallows of the intelligence pool here is the definition of libel.
(Truncated)
“libel
1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation.”
(http://dictionary.law.com/Default.aspx?selected=1153)
He’s lived 40 years, how really “dangerous” could it be? In a land where everything is criminal, everyone becomes a criminal.
And just because a “criminal” stands up to you doesn’t make his behavior criminal. Do you get that?
Compliance is not mandatory. You’re brainwashed
Ya everyone rights should b violated so world safe from CDs????? N paraphernalia??? Wow your fuckin stupid. U must b gov office!
What does the arrest of a 40 year old guy have to do with the story of the greyhound bus?
Searching everyone who rode the bus is very unconstitutional IMO. You can’t just stop every bus and check every person every time they get to a destination. I wouldn’t stand for it either. What’s funny is how everyone just stood there and let it happen, which is so sad. People don’t understand they are just corralled like sheep and treated like sheep. This is what terrorist want, this is an example of us loosing our “war” on drugs. Enemies of our democracy that is America want us to loose our rights and here we are, loosing them on a bus ride.
hmmmm…common sense, from previous posts, I have to gather that you are a leo? So please tell us all, did you break the law by looking up someone’s personal records on police computers for your own pleasure? Of course maybe you are a computer geek who REALLY knows how to get around on these things? Maybe another computer geek on here can check that out to see if a law was broken by those the public should be able to trust? Just a Thought
Shows that lawless Leos like to lie and stage illegal search/detainments such as this.
when lawless leos can not work within the laws or respect the rights of citizens, they should be fired for their incompetency
Ah, so now everyone is suspicious for riding a bus.
I think Pete and Ademo should require the posters of these stories to provide video or audio evidence. After reading everything on this site and other sites about recording police encounters, there is no reason anyone who comes in contact with leos can’t record the encounter.
A convicted Pedophile can’t go near a school. So, do we have cops on every street near a school to check I.D. and ask if they’re a Pedophile? NO! Does everyone who rides PUBLIC transportation a suspected drug dealer? NO! Is everyone who drives a car a drug dealer? NO! Ask if the local District Attorney knows about these searches. Cops like this are narcissistic sociopaths.
This has been going on for about 15 years, off and on, in larger cities. Seems you missed your window.
What’s the old line, “You’ve got to stand for something, or you’ll fall for anything.”
The moral of the story is true, no crime had been committed, therefore utilizing intimidation with LEO’s (Those who protect and serve) and a Drug Sniffing dog to add the emphasis of authority, those of who don’t know their rights where subservient, those whom did exercised their Constitutional Rights and promoted Liberty.
“It is every Americans’ right and obligation to read and interpret the Constitution for himself.” — Thomas Jefferson
Common makes a nice serf. He obeys all orders without question, and never challenges the order of an officer that common get on his knees and give a Lewinsky.
Common, it is real simple. If the bus company wants to make the search of a person a requirement for use of their service, that would be legal, as you can always refuse to take the bus. At my job, working a contract with us requires submitting to a vehicle search before leaving. Don’t like it, don’t do business with us.
But if it isn’t a stated policy, then you can’t just search people. He was well within his rights to simply tell the officer to F off unless the officer wanted to risk detaining without cause. And the officer knew it, which is why he didn’t push the issue.
There is an old trick of phrasing everything as a request, and people treating it as an order. It covers illegal activity by cops. He was simply telling to officer, “unless you are legally detaining me, I don’t actually have to do what you ask me to do.”
Poor Eric,
Last I checked, I had the, what was it called? Oh yea, the freedom of speech. Unless you’re against that? I clearly made no accusation. Please, re-read my comment. Maybe read it slower, and you will understand it. I know, as a liberal, you only understand what you want, not what ‘is’ but that’s okay.
Now run along, let the adults make the decisions.
CDs? Put down the bong doper, get a job, and then, when you have some credit, take out a loan, and buy some common sense.
..another poster child for the welfare state.
@Steve H
Well said.
There are numerous cases at the state level where the legal backing for ‘random’ searches ebbs and flows, but the USSC ruled in favor of the police, thus the ‘search’ is completely legal as it is via consent.
I love this “common sense” asshole. Must be a fucking cop or cop worshiper or typical statist fuckhead. Yeah! Take out a lone and get in more debt is the stellar advice from this turd bender. Oh on top of that, forget your rights and let these room temp IQ thugs rape you all over the street. Wow. Thats deep. Shut up and take orders is all they know.
Go fuck yourself asshole!
“There are numerous cases at the state level where the legal backing for ‘random’ searches ebbs and flows, but the USSC ruled in favor of the police, thus the ‘search’ is completely legal as it is via consent.”
The Constitution is clear about searches. You can’t simply search at will. Or rather you can’t compel the search. You can only ask for permission.
But they try to treat a consensual search as compulsory. Even to the point of issuing threats they know they won’t back up. Like in this case, the cop used intimidation and threats to try and get his way. There is a reason he didn’t answer the question of “Am I being detained.” He knew that a truthful answer would mean everyone would realize he couldn’t compel them to cooperate with him, and he couldn’t say yes without opening up lawsuit issues. So instead of telling the truth, he lied by omission. Convince people that don’t have a choice when they do.
This was dirty tactics to ignore the 4th Amendment.
@big poppa: Read your Jefferson quote and then apply it to what you wrote. The difference is boggling in as much how far you missed
Common, either we have rights and this search was a violation of the peoples rights or we don’t and nothing is inviolable by the authorities, which is it. you sound like you are trying to demonize the one person that dared to stand up for his rights. and with a false accusation to boot.
Common NonSense,
First I am not a liberal, nor a substance abuser, nor a republican or democrat. I am an constitutionalist that believes other people should have the freedom to do what they like to themselves as long as it does not infringe on others rights or cause them harm.
Second your post attempts to discredit the author with unconfirmed allegations which is defamation of his character.
Your freedom of speech does not grant you the ability to lie about another person. The supreme court has upheld that defamation/libel is not covered under freedom of speech.
You can throw around ad hominems all you want, but you are still wrong.
@F8TE
You said, “Take out a lone and get in more debt is the stellar advice from this turd bender. Oh on top of that, forget your rights and let these room temp IQ thugs rape you all over the street. Wow”
The word me boy, is LOAN as in loaner, loaned..
Not lone as in ALONE, got you little rock dweller? EH? Must be the room temp IQ.
@enslave keene
I wouldn’t be too free with the gestapo english teacher crap. I’ve lost track of the number of times the cops here have misspelled or some such.
I like the term “money smuggling”?
Am I doing that right now? I have a few paper dollars in my wallet.
Do I have to declare those anytime I get on or off private transportation?
Excuse sir, I’d like to declare $47 in my back pocket. Is there a form I need to fill out?
@T,
Thank you for the comment. Please elucidate.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Unreasonable search? Where are the lawyers?
If you people hate the law so much, or the enforcement of laws, why dont you move somewhere where there are no laws…..may I suggest Somalia, I hear there is no one enforcing any laws there. I read this BS from you everyday and just don’t get it. Where would we be without these “laws” you hate so much. We’d be no better than any 3rd world country……….Obviously there are bad Police Officers, can’t dispute that, but in every public form of employment there are bad people. (Police, Fire, EMS, Politicians, soldiers…etc.) funny I only read about cops on here, no one else, seems to me you folks just hate cops because they’re cops. They could be the best cop in the world, no blemishes, no tarnished records, never done a thing wrong and you folks would still hate them just because they’re cops. That’s okay though, one day you will need us, we’ll respond and take care of the situation as needed and you’ll still hate us, because that’s what we do.
In closing I’d like to say you’re welcome for what I do for you!
What do you do for us, Troy? Can I thank you on behalf of your brothers and sisters in uniform for the fact we have a federal court of appeals ruling that it is constitutional to record police because they seem to be under the impression that they are amgical beings that should be immune. Shall I thank you on behalf of your bros and sisters in the Baltimore PD who had to be issued guidelines from the feds on how to handle citizens who recpord them in public. Seems like a pretty easy concept to anyone but the police. Shall I thank you on behalf of your bros and sisters in the Seattle PD for being so out of touch with how to be public servents that they summoned, by their actions, the feds to create some oversight for their brand of policework that no one wanted. Especially the family of the man shoved into the wall who received a 10 million dollar settlement.
Now that I have been sarcastic I will say this Officer Troy. You are right we need laws or we are no different than any third world shit hole. If it wasn’t for the constitution we have, the police forces we have in america would be no different than any police force in any third world shit (I.E the kind that abuses it citizens as they have no rights in those countries). I am no cop blocker and never have had a negative run in with the law but I can read an internet article or do simple research or watch the news and see whats going on with the police and realize this is not the kind of customer service we “pay for” with our tax dollars.
The police demonstrate the time honored cliche…power corrupts, absolute power corrupts absolutley. I will support my police force as long as they give me a reason to. But lets knock of the self congratulatory shit. I remember hearing stats and figures that show citizens stop more crimes than police do for obvious reasons.
I know I have been sarcastic but I am not that thrilled at the police and think personally they right now are their biggest enemy. Sure this site has it’s issues with civil authority and I have commented as such but lets stop pretending all is well in police land because in some areas it is not.
To the…you are welcome…I never said thank you and never will to a police officer.
Bigpoppa: Again, go back to your first Jefferson quote (and remember there freedom lover…he owned people) and apply the rest of your first comment, and the entirety of your second comment to all of it. Then get back to me.
earlier this year i took the big dog from deep south to milwaukee and had to do a transfer at memphis. the other uniformed person you saw was none other than our (trumpet fanfare) illustrious dept of homeland security. since the airports are totally secure these days the terrs are going to use the next most available means of transportation.
you know, at policeman’s school they learn a lot about law enforcement but not very much about the law. :-O
T,
I suppose I’m going to need your intellectual zeal, here.
“Bigpoppa: Again, go back to your first Jefferson quote (and remember there freedom lover…he owned people) and apply the rest of your first comment, and the entirety of your second comment to all of it. Then get back to me.
“It is every Americans’ right and obligation to read and interpret the Constitution for himself.” — Thomas Jefferson”
Are you stating that the quote has no standing, because Jefferson was a slave owner? Or the quote is fallacious, due to the fact at that time in America, Slaves weren’t considered Americans?
I look forward to your detailed response.
He frankly did the right thing, defied the cops and it showed guts…but, the Memphis cops have killed ten unarmed persons this year, and beaten and wounded many others. They also routinely frame and arrest innocent people, especially in purported drug cases. This cop could have easily beaten him severely and falsely arrested him, and based on the past record, likely have gotten away with it. It was clear that even this cop was unsure, so that is how he got a break. He was right, and apparently lucky, but even being right sometimes comes with a severe consequence.
http://wusfnews.wusf.usf.edu/post/florida-drug-sniffing-dog-case-us-supreme-court
Interesting thread; here are a couple of incidents –
I was in the Denver GH.B.S. in Nov. 2012. Inside the station our waiting line was searched by a rent-a-cop (armed) wearing a yellow polo that only said “SECURITY”. No patch, and he offered no ID. Greyhound had a small sign near the desk; something to the affect that heightened security could be expected.
Nothing was found and one one detained.
About a year previous, the Greyhound bus I was on pulled into the station in Lafayette, LA and driver said: “Stay on the bus”. ICE agents (in uniform) came aboard and checked ID’s then had every one get off and dogs went through the coach and overhead racks. Then all the stowed luggage was brought out and dogs found a couple of bags of interest. The owners came forward and went into the station for detailed search. They returned shortly and all re-boarded the bus, less one person noted during the ID check.
What do you Constitutional experts think of this? I really don’t know, myself.