LeeOblivious
LeeOblivious OP t1_jccw9ni wrote
Reply to comment by Ok-Survey406 in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
Cite the statute and case law backing up your claims.
LeeOblivious OP t1_jcctx8n wrote
Reply to comment by Ok-Survey406 in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
What more elaboration do you expect than the statement that it was an official copy and that it was certified? Do they need to go into detail on what all that means in a word limited article? Or can we just conclude that the words mean what they say they do?
The laws that were broken have been laid out already. First the expungement statute, next the 4th amendment to the US Constitution. I could also make a 5th and 14th amendment due process argument.
Kidnaping is the taking and holding someone by force (or threat of force even if only implied or understood) unlawfully. Clearly as there was NO LAWFUL reason to arrest this man, his subsequent arrest and detention was unlawful. By definition! An ok sorry my bad I made a mistake does not make it not kidnaping.
The lawsuit has apparently already passed through initial motions to dismiss as the judge has sent it to mediation. If it had no grounds to stand on it would not have gotten this far. And when a Judge sends a case to a mediator that is them generally trying to tell the sued side to settle or else face a worse outcome in front of a jury.
LeeOblivious OP t1_jcc3mmz wrote
Reply to comment by Ok-Survey406 in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
He was arrested for a crime he did not commit and had proof that he had not committed. The database the officer used should not have shown he was a felon as that record was ordered sealed. And when he presented a certified official copy expungement the officer chose to ignore it.
Law enforcement made three failures here that compromised this man's rights. First, they did not follow the courts order and statutory process when his record was expunged. Rather they completely ignored it and continued to have his information listed as a convicted felon. Secondly, when presented with the official certified copy of the expungement they refused to accept it because it could be fake. If a certified official copy does not count as an official record anymore because it could be fake, then a whole lot of people just lost their citizenship, professional licenses, and other status's that rely on such documentation. And, thirdly, as a result of their unlawful action they kidnaped and held this man illegally under threat of official violence.
So no it was not a pretty standard arrest.
LeeOblivious OP t1_jcbo03s wrote
Reply to comment by Anima_EB in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
Sadly, the courts have ruled that they do not have to know the law, and that ignorance of the law means they get a free pass (unlike the rest of us). See the doctrine of qualified immunity.
LeeOblivious OP t1_jcbftg8 wrote
Reply to comment by whattheduce86 in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
A lot of money, and better yet a consent decree requiring them to properly seal expunged records so that they can only be opened/accessed via court order.
LeeOblivious OP t1_jcbf9fv wrote
Reply to comment by probably_inside in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
Sadly I do not think it would have mattered in this case as his personal info would have already been taken by the officer for the accident and the firearm was in plain sight. So if he had not provided the expungement paperwork to her, he still would have been arrested. Him having provided it, just makes it that much more damming on the officer.
LeeOblivious t1_jcbdz3y wrote
Reply to comment by matramepapi in Just got back from Sam's on South Campbell by Spastic_pinkie
I've been a victim of the I meant to order 20 but added an extra zero by accident. So, find someplace to put it all...
LeeOblivious OP t1_jcbbms2 wrote
Reply to comment by [deleted] in Does the local police/sheriff enforce bumper height on jacked up trucks? by LeeOblivious
Evidence for your assertation is not evident, kindly cite.
LeeOblivious OP t1_jcbb6zf wrote
Reply to Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
So apparently the local highway patrol office is not following court orders and sealing expunged convictions. They arrested a man for having a firearm after someone else rear-ended him, because they still had a record of his conviction (that was expunged in 2021). The incident happened in May of 2022.
It sounds like he has a strong case. He had the proof of expungement on him, and they just did not like it.
Submitted by LeeOblivious t3_11s1szb in springfieldMO
LeeOblivious OP t1_jcap9lw wrote
Reply to comment by YakAttack_Actual in Does the local police/sheriff enforce bumper height on jacked up trucks? by LeeOblivious
Caused has NOTHING to with it. Simply being in one is enough. We regulate vehicles for safety of everyone. Even those who fail to yield and cause an accident.
LeeOblivious OP t1_jcao6uc wrote
Reply to comment by YakAttack_Actual in Does the local police/sheriff enforce bumper height on jacked up trucks? by LeeOblivious
Found the guy with the jacked up truck, truck nuts, and aggressive bumper stickers.
First of all it is NOT victimless/useless. It is a significant safety concern. The higher the bumper is on a vehicle the more likely it is to cause major harm to the other's occupants.
Second it is not extortion to enforce safety rules. Do you believe it is extortion to enforce stop signs, one way streets, working headlights, and other safety requirements?
And finally, you do know the reason for this specific regulation and the history behind it? You do know that back in the day it was not regulated and after several horrific accidents we the people added this rule for a very good reason.
LeeOblivious OP t1_jc90jnw wrote
Reply to comment by benbunton in Does the local police/sheriff enforce bumper height on jacked up trucks? by LeeOblivious
Similar language is in the statute for broken headlights/rear lights as well but the police ticket for them all the time. And yes, it would be nice if they policed the traffic signals better.
LeeOblivious OP t1_jc8oi76 wrote
Reply to comment by Fievelbud in Does the local police/sheriff enforce bumper height on jacked up trucks? by LeeOblivious
One is a safety issue the other is not. I'd expect them to prioritize getting unsafe vehicles off the road before revenue infractions.
LeeOblivious t1_jc8mx1d wrote
Any of a number of explanations. Someone may have ordered far more than normal, A truck got diverted from another store for some reason, the central warehouse was having inventory soon so they just shipped out anything they thought they could get away with, the company got a great deal on a huge bulk buy and so loaded everyone up with the stuff, and so forth...
LeeOblivious t1_jc8a81x wrote
Reply to Comedian Dan Alten coming to Ernie Biggs in Springfield this Thursday at 8:30. I’ve opened for Kyle Kinane, Rory Scovel, Open Mike Eagle, Sarah Squirm from SNL, DJ Douggpound, and cool punk bands. I promise I’m funny and interesting and if you don’t enjoy the show you can spit on my car. by I_Like_Comedy_1997
Sadly I'll be working that day.
Submitted by LeeOblivious t3_11rcme0 in springfieldMO
LeeOblivious t1_jc7fqst wrote
Reply to comment by WeepingAngelCas in The Missouri College of Cosmetology closed permanently by WeepingAngelCas
In the one location or all locations? And full time is counted as anyone working over 20 hours a week and employed for at least 6 months in the act. If the owner only closed the one location, then you should be able to move to another or else they risk other liabilities. Regardless go to the DoE and get a claim started if you are impacted by this shutdown.
LeeOblivious t1_jc7duxw wrote
Reply to comment by WeepingAngelCas in The Missouri College of Cosmetology closed permanently by WeepingAngelCas
The Worker Adjustment and Retraining Notification (WARN) Act requires a 60 day notice. But only covers those with 100 full time employees or more. I do not know the set up this for profit school used, so I can not guess if they fall under that. But, you should defiantly speak to someone at the department of employment security ASAP. They can at least get a claim started and retraining going if needed.
LeeOblivious t1_jc7bmv6 wrote
Wow that's some pretty poor decision making on their part. They just burnt any bridges they may have had with their now former students and staff. And, potentially violated numerous laws. Managment looking out for management yet again.
I wish the best of luck to all of the staff and students impacted. I hope they quickly recover and find better places.
LeeOblivious t1_jbgv27p wrote
Reply to Country Kitchen Buffet is BACK! by Doubleucommadj
That is some seriously old school Ozark's parking.
LeeOblivious t1_jbd8r6f wrote
Reply to comment by ResultedTag72 in I love how much we pay these guys to stand around. there was 8 of them standing there doing nothing. later on when I came home even more of them doing nothing. by ResultedTag72
And have you looked to see why they were behind schedule or just assumed?
LeeOblivious t1_jbd8nxs wrote
Reply to comment by ResultedTag72 in I love how much we pay these guys to stand around. there was 8 of them standing there doing nothing. later on when I came home even more of them doing nothing. by ResultedTag72
Your density is approaching that of a neutron star in this matter. Go back and closely review what you have been educated on in this topic by a great many other posters. Reflect on that and write a 750 word essay explaining why you feel this way citing reputable sources in the Chicago Style, double spaced in 11 point times now roman font. You will need to show specific cause and effect, that work was waiting to be done at those specific times and the persons standing around were not doing it even though they are qualified and licensed to do said work.
LeeOblivious t1_jbd7uf7 wrote
Reply to comment by ResultedTag72 in I love how much we pay these guys to stand around. there was 8 of them standing there doing nothing. later on when I came home even more of them doing nothing. by ResultedTag72
Yet as multiple people have pointed out that is not reality. Your facts are merely suppositions and conjecturer based on ignorance. You are assuming they are standing around and not doing anything for no good reason. Yet provide no facts to back that up only your feels. So, I'm going to have to put a big old citation needed on your hypothesis that they are standing around and not doing anything resulting in them falling behind.
LeeOblivious OP t1_jcda0yr wrote
Reply to comment by byah1601 in Man sues highway patrol, says arrest was unlawfully based on expunged marijuana charge. by LeeOblivious
Heien v. North Carolina and U.S. v Shelton Barnes et. al. to name a few of many.