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Comment Re:Actively stalking is a different behavior ... (Score 1) 250

But the purpose of the stop was not enforcement of the vehicle code.

"When there is not probable cause to believe that a driver is violating any one of the multitude of applicable traffic and equipment regulations 24 -- or other articulable basis amounting to reasonable suspicion that the driver is unlicensed or his vehicle unregistered -- we cannot conceive of any legitimate basis upon which a patrolman could decide that stopping a particular driver for a spot check would be more productive than stopping any other driver." Delaware v. Prouse, 440 U.S. 648, 661, 99 S. Ct. 1391, 1400 (1979)

Comment Re:Actively stalking is a different behavior ... (Score 1) 250

In California, as I suspect in most states, the driver is required to produce a license and registration when being pulled over for a traffic stop.

California Vehicle Code 12951(b) states: "The driver of a motor vehicle shall present his or her license for examination upon demand of a peace officer enforcing the provisions of this code."

Since the vehicle was not involved, the stop would not require a license to of produced. Of course, the cop would lie and make up a reason.

Comment Re:Actively stalking is a different behavior ... (Score 1) 250

Part of the job of the police is to prevent crime. They don't have to wait for the angry ex-boyfriend stalker to hurt someone, they can have a conversation before that to prevent things from going too far. It absolutely is not. Courts have ruled again and again that the police have no duty to protect. No, you falsely conflate the officers actual intentions with the cover your ass policies that exist for when they do not show up in time.

No, when they decide not to show up or release someone that they should have detained.

If you are not suspected of a criminal act, the police have no business detaining you, full stop. Absolutely untrue, if there is a public safety concern no specific crime is necessary to have an interview.

Read Terry v. Ohio | 392 U.S. 1 (1968) and Hiibel v. Sixth Judicial District Court of Nevada (2004) 542 U.S. 177

Comment Re:Actively stalking is a different behavior ... (Score 1) 250

In many states, there is no requirement to show ID unless arrested. In other cases, there still has to be reasonable suspicion (the Terry standard).

Detaining someone for 1 second without reasonable suspicion violates the 4th amendment. Pulling someone over is not a consentual encounter, but the officer is probably trained to turn it into one. Extending the stop is unconstitutional. See Rodriguez v. United States, 575 U.S. 348, 135 S. Ct. 1609, 191 L. Ed. 2d 492 (2015),. I suspect that even a diminimus extension would be unconstitutional. So, a false report could be argued a civil wrong, even when causing a deminimus delay.

Comment Might be armed (Score 1) 250

The "might be armed?" might not be a crime. The defense would argue that there is a possibility and argue that it might not meet the standard of reasonable doubt. But in a civil case, it could meet the preponderance of the evidence.

How much would you like to bet that Flock's lawyers told them what exactly to say when calling the police?

Comment Re:Laws were broken. (Score 1) 160

The problem here is that when you turned on the TV for the first time and clicked the 'I accept' button, you agreed to the recording, and probably agreed that you'd be responsible for letting anybody else who might be in range of the TV know that they're subject to recording.

Is that going to hold up in court? Who knows, but can you afford to spend the money to find out? Somebody eventually will, and you'll get a coupon for twenty bucks off of a new TV as the settlement.

Comment Re:This Jargon (Score 2) 22

Yup.

The Switch 2 has an argument going on between 'full cartridges' that actually have the installer and game data on the flash cart, and 'game key cartridges' where the only thing on the cart is the digital license, and when you insert it, it downloads the game from the Nintendo cloud, and the GKC lets you run it.

Which means you can loan/sell/give the GKC to somebody, and now they play the game, but without an internet connection, the GKC itself doesn't do anything for you.

Xbox discs since the One have been both; the install media and game data, plus the license key. I suspect PS5 discs are the same, probably PS4 discs. Hell, maybe even PS3 discs.

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