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By Anonymous - / Saturday 2 April 2011 21:05 / United States
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By  Mokiikom_fml  |  8

To all the people saying they had probable cause etc. and that OP couldn't do anything: Are you so used to living in a police state deprived of all freedoms that you have completely forgotten even the most basic rules of logic and life, not only in a free land but even in nanny-state-land??? There is NO probable cause whatsoever, he said he was grabbed in the store and dragged to a security room. Private security has NO right to drag anyone anywhere, that is called assault and illegal detention. The POLICE are the only ones who have the right to invoke probable cause to do anything, and even then, they have to have some seriously good proof, otherwise it will be a complaint to their PD and even a pro-bono lawyer will get you out of the issue very easily. Cops get in trouble all the time when they search people without consent or detain people without proper probable cause. Private security has NO jurisdiction, all they can legally do is ask you to go with them to the room etc. They will try to intimidate you and make it sound like they have a right to, but you are perfectly legally allowed to just ignore them talking to you and walk right out of the store. They can NOT do anything to you, it will be assault the very instant they touch you. America, even Kalifornia, have a thing called the Constitution, in which another nifty thing, the 4th amendment, prevents abuse of authority and illegal searches, so that people won't abuse their power just because they're a cop. In the case of private security it's even more direct, they have no right to detain you whatsoever. They can search you if you consented to it for the sake of getting into a stadium or other such thing, but they can't prevent you from leaving a place or drag you anywhere on the excuse they dislike your clothes or whatever.

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  MyNameIsBruce  |  0

Exactly. I hate it when people think that theyre being searched or something because they are minorities. I know it might happen a few times in Asscrack Mississippi, but come on people.

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  nerdchic  |  5

they can't be sued - I really wish you would research before talking out your ass.. they can't sue bc there's nothing to sue.. they had probable suspicion therefore made their actions legal

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  dudeitsdanny  |  9

Probable cause would be a large purse, and sneaking around.. Dressing and walking a certain way are not probable cause. I'm not saying he'd successfully sue, nor that he should, we don't know enough, but you can't say they had reason to take him in.

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  Mokiikom_fml  |  8

To all the people saying they had probable cause etc. and that OP couldn't do anything: Are you so used to living in a police state deprived of all freedoms that you have completely forgotten even the most basic rules of logic and life, not only in a free land but even in nanny-state-land??? There is NO probable cause whatsoever, he said he was grabbed in the store and dragged to a security room. Private security has NO right to drag anyone anywhere, that is called assault and illegal detention. The POLICE are the only ones who have the right to invoke probable cause to do anything, and even then, they have to have some seriously good proof, otherwise it will be a complaint to their PD and even a pro-bono lawyer will get you out of the issue very easily. Cops get in trouble all the time when they search people without consent or detain people without proper probable cause. Private security has NO jurisdiction, all they can legally do is ask you to go with them to the room etc. They will try to intimidate you and make it sound like they have a right to, but you are perfectly legally allowed to just ignore them talking to you and walk right out of the store. They can NOT do anything to you, it will be assault the very instant they touch you. America, even Kalifornia, have a thing called the Constitution, in which another nifty thing, the 4th amendment, prevents abuse of authority and illegal searches, so that people won't abuse their power just because they're a cop. In the case of private security it's even more direct, they have no right to detain you whatsoever. They can search you if you consented to it for the sake of getting into a stadium or other such thing, but they can't prevent you from leaving a place or drag you anywhere on the excuse they dislike your clothes or whatever.

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  nerdchic  |  5

I'm glad none of you people can read.. no- they didn't have probable CAUSE.. but they had probable SUSPICION... which allowed them to take action.. I'm gett my bachelors in law enforcement - please don't try and say I'm wrong

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  Jvr91  |  8

79 I just took a class going over this,77 is right in every way. your wrong please stop spreading lies and go back to "racing cars and playing video games :D"

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  dudeitsdanny  |  9

And I'm pre-law. This was nothing but racism and a powertrip. They had no legal to take OP anywhere. And, btw law enforcement kid, there's probable cause and reasonable suspicion: Probable suspicion doesn't exist. That's why I said probable cause, I gave you the benefit of the doubt, and assumed that's what you meant. They had no grounds for reasonable suspicion, either. The way a person looks is not grounds for reasonable suspicion. You might wanna read up on your terms, if you're going into law enforcement: The system is fucked as it is without officers of the law mixing terms up(probable suspicion? Please..) and broadening their definitions to fit their personal discrimination.

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  KaySL  |  24

Are you stupid to the core? How was it nothing but racism? How do you know what race the OP is? How do you know anything about the situation beyond what the FML says? How do you know the security guard wasn't just a John Wayne wannabe with delusions of grandeur? You know none of these things, so how about sticking to the facts? This is a tenet you should know to adhere to, even in pre-law.

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  dudeitsdanny  |  9

You're right, actually. I meant discrimination, which it certainly is. I'm not sure why I said racism, and I apologize for that. But you can tell I meant discrimination, since that's what i said at the end of my post. PS: Feel free to remove Doc's coke bottle from your ass next time, before calling me stupid.

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  KaySL  |  24

"Racism" trumps basic "discrimination", since it's more specific and sets the premise of your assumptions. But anyway, feel free to get a sense of self-deprecating humour, sour-puss. I was making a point, but you wanted to read smugness into my comment. If you're really so concerned about people sounding uptight, then maybe next time you can avoid sounding as such yourself, bruh?

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I'm going to sue you for commenting. All of you ignorant people who assume too much: OP never at any one time mentioned to us what specific clothing he wore (I'm guessing it's a he, because on my iTouch, I cannot see the gender during typing), what race he was, what age he was, etc. Plus, those who cry "corruption! dumb fckin' fascists!" because he was "dragged" away need to get smart: OP is MOST LIKELY exaggerating, because no officer literally drags someone into a security room. That's bull. Also, all this talk about laws and who has which law degree and who is smarter than who... really? What should BE and what IS are two different things. Take gun control, for example: 2nd Amendment says that we have the right to bear arms. Does that mean any person can walk into a store and purchase a gun? No. Good luck getting a gun permit in the majority of the US. Federal law should trump state law, but unfortunately, that is not the case. Just making an example to compare this argument to. Thanks to anyone who even thought of reading all of this. I know I wouldn't.

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  GoingLesbian  |  0

What they said ^ Lol. My first thought, this probably wasn't written in literal context... Granted, either way, law or not? I'm pretty damned happy to be escorted aside and questioned in the event others have caused problems before. So long as I'm heard and treated accordingly (as I would be innocent in this given situation), I'd be thankful someone had their eyes on their surroundings, and had general concern for others safety. I'd be THANKFUL to the men and women who devote to protection of the public daily, not abusing their situations but being thorough. Cheers.

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  insanesna1l  |  0

crims are suing people for tripping over things when the break into houses. why? because no one can accept blame or responsibility. op may have been asked to go with security and not dragged as he put, we don't know. for all the law students out there, you are making a defense based on stuff all information.

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  biggmike  |  6

based off the facts presented all OP can due for is illegal detention if they pursued that. even though it wouldn't be for monetary gains, at best a judge would make sure the security team is re-trained or fired. Also private security can do whatever they want if the person was on the property of the company they worked for. Any law enforcement major or law student should know that based off the boy scouts of America case. private companies and organizations have their own rules and regulations as long as they obey the common and basic laws in the state and country they are in.

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  lizh_fml  |  9

oh yeah, I forgot, its the lawyers fault (law student) because otherwise all criminals would be convicted and no-one would sue anyone else. unrealistic and immature.

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  that6one6guy6  |  6

So #79, What I take from this is that I can drag a random person who is on my property into a random room because of their clothes. I'm not trying to prove you wrong I just have little experience in law. Also my example was over exaggerated.

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or people can grow the fuck up and stop judging people by the way they dress,, talk,, walk,, ect... so what if he dresses emo/punk/gothic/scene it doesn't mean he's a pedo I mean seriously people grow the fuck up!!!

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  GoingLesbian  |  0

Who said he was dressed emo/punk/goth/scene? o_O Maybe their Muslim or wore their jeans at their knees (Go gangster lmfao). Or MAYBE they had a nice dress on. Do a check before you post.. sometimes you didn't realize specifics and people will pick on you for your impatience. Perhaps they had a hoodie on with the hood up and happened to be looking around a bit sketchy (or looking like it) at a random time. Maybe the last 3 thieves did the same thing. Most places don't allow hats or anything anymore consider yourself protected maybe huh OP? Little respect to the men and women watching out for you as a career? I can easily see how that could have been irritating. But FML? I know I appreciated a co-worker pushing the silent alarm when someone fit that description. Turned out the guy had a gun and was robbing our cafe -.- No more hoods, hats or masks. Happened 3 times in 4 months. All very normal looking people too. Unless they start beating on you or go stupid about it, if you're pulled over or checked at a public place consider it a good thing. Their keeping a good eye on things. Cheers OP, Everyone else.

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  GoingLesbian  |  0

Lol talk when you walk their walk. 10 year olds have been arrested for good reasons before. I'd have my eye out too, considering I stole a necklace at 11 lol. Got caught though xD

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