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	<title>Comments on: Compare the Headlines</title>
	<atom:link href="http://www.theagitator.com/2012/07/23/compare-the-headlines/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
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	<item>
		<title>By: Windy</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3624665</link>
		<dc:creator>Windy</dc:creator>
		<pubDate>Tue, 31 Jul 2012 07:20:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3624665</guid>
		<description><![CDATA[http://blogs.ocweekly.com/navelgazing/2012/07/anaheim_police_riots_plant.php

Appears a female cop in plain clothes was an agent provocateur.]]></description>
		<content:encoded><![CDATA[<p><a href="http://blogs.ocweekly.com/navelgazing/2012/07/anaheim_police_riots_plant.php" rel="nofollow">http://blogs.ocweekly.com/navelgazing/2012/07/anaheim_police_riots_plant.php</a></p>
<p>Appears a female cop in plain clothes was an agent provocateur.</p>
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	<item>
		<title>By: Son of the Agitator &#171; The Honest Courtesan</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3614497</link>
		<dc:creator>Son of the Agitator &#171; The Honest Courtesan</dc:creator>
		<pubDate>Sun, 29 Jul 2012 10:03:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3614497</guid>
		<description><![CDATA[[...] started the week with “Compare the Headlines”, a small compilation of links and video about police in Anaheim, California attacking a crowd [...]]]></description>
		<content:encoded><![CDATA[<p>[...] started the week with “Compare the Headlines”, a small compilation of links and video about police in Anaheim, California attacking a crowd [...]</p>
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		<title>By: C. Van Carter</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3600594</link>
		<dc:creator>C. Van Carter</dc:creator>
		<pubDate>Thu, 26 Jul 2012 22:01:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3600594</guid>
		<description><![CDATA[I was right, they didn&#039;t learn their lesson.]]></description>
		<content:encoded><![CDATA[<p>I was right, they didn&#8217;t learn their lesson.</p>
]]></content:encoded>
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		<title>By: Militant Libertarian &#187; Compare the Headlines</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3594941</link>
		<dc:creator>Militant Libertarian &#187; Compare the Headlines</dc:creator>
		<pubDate>Wed, 25 Jul 2012 23:04:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3594941</guid>
		<description><![CDATA[[...] by The Agitator [...]]]></description>
		<content:encoded><![CDATA[<p>[...] by The Agitator [...]</p>
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		<title>By: Helmut O' Hooligan</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3590235</link>
		<dc:creator>Helmut O' Hooligan</dc:creator>
		<pubDate>Wed, 25 Jul 2012 03:49:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3590235</guid>
		<description><![CDATA[#33 demize!:

Thank you and that&#039;s an excellent point.  Police departments are still largely male and white, but they do look much different than they did twenty to thirty years ago.  To expand on your point, this increased diversity has generally not made P.D.&#039;s more respectful of civil liberties or less likely to engage in egregious abuses and/or corrupt activities.  

C. Van Carter is apparently a racist, but he doesn&#039;t seem to mind when minorities don the uniform and fuck shit up in the hood.  And I&#039;m sure he also tolerates people of color when they entertain him or cook for him.  Hell, I&#039;m sure he has &quot;black friends&quot; too.]]></description>
		<content:encoded><![CDATA[<p>#33 demize!:</p>
<p>Thank you and that&#8217;s an excellent point.  Police departments are still largely male and white, but they do look much different than they did twenty to thirty years ago.  To expand on your point, this increased diversity has generally not made P.D.&#8217;s more respectful of civil liberties or less likely to engage in egregious abuses and/or corrupt activities.  </p>
<p>C. Van Carter is apparently a racist, but he doesn&#8217;t seem to mind when minorities don the uniform and fuck shit up in the hood.  And I&#8217;m sure he also tolerates people of color when they entertain him or cook for him.  Hell, I&#8217;m sure he has &#8220;black friends&#8221; too.</p>
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		<title>By: demize!</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3589903</link>
		<dc:creator>demize!</dc:creator>
		<pubDate>Wed, 25 Jul 2012 02:19:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3589903</guid>
		<description><![CDATA[@Helmut you said a mouthful brother. But hasn&#039;t he noticed the scumbag brigade are all multiculti and gender diverse, guess just as long as those shiny shiny boots are  all black.]]></description>
		<content:encoded><![CDATA[<p>@Helmut you said a mouthful brother. But hasn&#8217;t he noticed the scumbag brigade are all multiculti and gender diverse, guess just as long as those shiny shiny boots are  all black.</p>
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		<title>By: Helmut O' Hooligan</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3587955</link>
		<dc:creator>Helmut O' Hooligan</dc:creator>
		<pubDate>Tue, 24 Jul 2012 19:28:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3587955</guid>
		<description><![CDATA[#31 Jeremy:

Or perhaps Van Carter is just doing his late, angry white man period Murray Rothbard impression.  Never forget that mister &quot;Enemy of the State&quot; himself decided that &quot;the cops must be unleashed&quot; to deal with those darn unruly minorities.  I believe that was his reaction to the LA riots of &#039;92 (Read Brian Doherty&#039;s &quot;Radicals for Capitalism&quot; for more on that).  So it seems that some &quot;libertarians&quot; are not so libertarian when certain classes of people (minorities, workers, leftists, etc) get agitated and decide they are sick of living on their knees. Maybe the pro-liberty mask falls off of folks like Rothbard because many who use the term &quot;libertarian&quot; are not CONSISTENTLY libertarians, as they do not challenge ALL forms of domination.  They are, in reality just conservatives or liberals of some strain.  

It would be nice if we could instantly say that folks like C. Van Carter are just ignorant racists from some fringe group.  But sometimes things are more complicated than that.]]></description>
		<content:encoded><![CDATA[<p>#31 Jeremy:</p>
<p>Or perhaps Van Carter is just doing his late, angry white man period Murray Rothbard impression.  Never forget that mister &#8220;Enemy of the State&#8221; himself decided that &#8220;the cops must be unleashed&#8221; to deal with those darn unruly minorities.  I believe that was his reaction to the LA riots of &#8217;92 (Read Brian Doherty&#8217;s &#8220;Radicals for Capitalism&#8221; for more on that).  So it seems that some &#8220;libertarians&#8221; are not so libertarian when certain classes of people (minorities, workers, leftists, etc) get agitated and decide they are sick of living on their knees. Maybe the pro-liberty mask falls off of folks like Rothbard because many who use the term &#8220;libertarian&#8221; are not CONSISTENTLY libertarians, as they do not challenge ALL forms of domination.  They are, in reality just conservatives or liberals of some strain.  </p>
<p>It would be nice if we could instantly say that folks like C. Van Carter are just ignorant racists from some fringe group.  But sometimes things are more complicated than that.</p>
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		<title>By: Jeremy</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3582940</link>
		<dc:creator>Jeremy</dc:creator>
		<pubDate>Mon, 23 Jul 2012 23:15:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3582940</guid>
		<description><![CDATA[It didn&#039;t take long for white supremacist trolls to show up (i.e. C. Van Carter).]]></description>
		<content:encoded><![CDATA[<p>It didn&#8217;t take long for white supremacist trolls to show up (i.e. C. Van Carter).</p>
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		<title>By: StrangeOne</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3582670</link>
		<dc:creator>StrangeOne</dc:creator>
		<pubDate>Mon, 23 Jul 2012 22:04:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3582670</guid>
		<description><![CDATA[Also remember when that when the women and children in the Branch Davidian compound didn&#039;t want to evacuate, the ATF decided to &quot;smoke them out&quot;. Of course the fact that they were being fired upon by ATF agents probably had something to do with the misapprehensions about leaving. 

They wrote their blood types on their arms because it seemed certain that many people were going to get shot or injured regardless of how much they complied.]]></description>
		<content:encoded><![CDATA[<p>Also remember when that when the women and children in the Branch Davidian compound didn&#8217;t want to evacuate, the ATF decided to &#8220;smoke them out&#8221;. Of course the fact that they were being fired upon by ATF agents probably had something to do with the misapprehensions about leaving. </p>
<p>They wrote their blood types on their arms because it seemed certain that many people were going to get shot or injured regardless of how much they complied.</p>
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		<title>By: C. Van Carter</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3582266</link>
		<dc:creator>C. Van Carter</dc:creator>
		<pubDate>Mon, 23 Jul 2012 20:09:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3582266</guid>
		<description><![CDATA[It&#039;s a glimpse of our wonderfully diverse future! Maybe next time they will think twice about storming a police station, but I doubt it.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s a glimpse of our wonderfully diverse future! Maybe next time they will think twice about storming a police station, but I doubt it.</p>
]]></content:encoded>
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		<title>By: Stanely Ketchel, Middleweight</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3582165</link>
		<dc:creator>Stanely Ketchel, Middleweight</dc:creator>
		<pubDate>Mon, 23 Jul 2012 19:40:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3582165</guid>
		<description><![CDATA[Tell you what else I can&#039;t hear much about police violence against women and children without thinking of the Ludlow Massacre.  I agree with Marie, &quot;The organized bastards were the cops. They KNEW there were children . . . and they still fired.&quot;  

Okay, it&#039;s only Wkipedia but:

&quot;The massacre resulted in the violent deaths of between 19 and 25 people; sources vary but all sources include two women and eleven children, asphyxiated and burned to death under a single tent.&quot;]]></description>
		<content:encoded><![CDATA[<p>Tell you what else I can&#8217;t hear much about police violence against women and children without thinking of the Ludlow Massacre.  I agree with Marie, &#8220;The organized bastards were the cops. They KNEW there were children . . . and they still fired.&#8221;  </p>
<p>Okay, it&#8217;s only Wkipedia but:</p>
<p>&#8220;The massacre resulted in the violent deaths of between 19 and 25 people; sources vary but all sources include two women and eleven children, asphyxiated and burned to death under a single tent.&#8221;</p>
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		<title>By: Stanely Ketchel, Middleweight</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3582124</link>
		<dc:creator>Stanely Ketchel, Middleweight</dc:creator>
		<pubDate>Mon, 23 Jul 2012 19:32:06 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3582124</guid>
		<description><![CDATA[Jeff @ 23.  Am I the only person here old enough to remember with painful clarity Kent State?  The tide will begin to turn when you repeal the laws of physics. &quot;Political power grows from the barrel of a gun.&quot; Mao Zedong.  That&#039;s not some commie chinaman&#039;s view, that&#039;s an immutable law of nature . . . like gravity.]]></description>
		<content:encoded><![CDATA[<p>Jeff @ 23.  Am I the only person here old enough to remember with painful clarity Kent State?  The tide will begin to turn when you repeal the laws of physics. &#8220;Political power grows from the barrel of a gun.&#8221; Mao Zedong.  That&#8217;s not some commie chinaman&#8217;s view, that&#8217;s an immutable law of nature . . . like gravity.</p>
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		<title>By: marie</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3582114</link>
		<dc:creator>marie</dc:creator>
		<pubDate>Mon, 23 Jul 2012 19:30:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3582114</guid>
		<description><![CDATA[#20 Mario:

I wasn&#039;t there; all I have to go on is the video. Same as you, probably. Calling it a &quot;protest&quot; is a way to justify the violence. Whether it &lt;i&gt;was&lt;/i&gt; an actual protest is questionable. Looked to me as if it were people upset with an earlier event, not any kind of organized protest. 

The organized bastards were the cops. They KNEW there were children (the stroller surely tipped them off) and they still fired. They still sent the dog in.]]></description>
		<content:encoded><![CDATA[<p>#20 Mario:</p>
<p>I wasn&#8217;t there; all I have to go on is the video. Same as you, probably. Calling it a &#8220;protest&#8221; is a way to justify the violence. Whether it <i>was</i> an actual protest is questionable. Looked to me as if it were people upset with an earlier event, not any kind of organized protest. </p>
<p>The organized bastards were the cops. They KNEW there were children (the stroller surely tipped them off) and they still fired. They still sent the dog in.</p>
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		<title>By: A journalist-involved story &#171; Nicholas Cote &#124; blog</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581936</link>
		<dc:creator>A journalist-involved story &#171; Nicholas Cote &#124; blog</dc:creator>
		<pubDate>Mon, 23 Jul 2012 18:39:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581936</guid>
		<description><![CDATA[[...] at The Agitator, Maggie McNeill juxtaposes headlines to two blog posts about the same [...]]]></description>
		<content:encoded><![CDATA[<p>[...] at The Agitator, Maggie McNeill juxtaposes headlines to two blog posts about the same [...]</p>
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		<title>By: albatross</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581904</link>
		<dc:creator>albatross</dc:creator>
		<pubDate>Mon, 23 Jul 2012 18:31:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581904</guid>
		<description><![CDATA[Mario:

I&#039;m willing to accept the advice you&#039;re offering in the same context I would accept, say, advice ot just pay the bribe and not make trouble when confronted with a Mexican speeding ticket, or to stay away from political demonstrations in Egypt.  But it&#039;s not consistent with a democratic society to say &quot;well, if you dare petition the authorities for redress of greivances, it&#039;s reasonable to expect that your head may get busted or someone may turn his vicious dog on your kids.&quot;  

This sort of thing will stop when the mayor and police chief and ranking policeman in charge of policing a protest of this kind understand, all the way down in their bones, that a brutal response to a protest will end their careers, and when the individual officers involved know the same thing.  When the cop who pepper sprays a bunch of peaceful protesters is widely known to have ended up working on a loading dock at Wal-Mart, because absolutely no law enforcement or private security company would have him anymore, then taking your kids to a protest march will be much safer.  When the mayor who sends goons to break up the annoying protests in the city park finds that he has zero chance of being re-elected and nobody will return his phone calls, when the police chief is invited by the city council to take early retirement after ordering a head-busting breakup of a protest march, then this stuff will get better.]]></description>
		<content:encoded><![CDATA[<p>Mario:</p>
<p>I&#8217;m willing to accept the advice you&#8217;re offering in the same context I would accept, say, advice ot just pay the bribe and not make trouble when confronted with a Mexican speeding ticket, or to stay away from political demonstrations in Egypt.  But it&#8217;s not consistent with a democratic society to say &#8220;well, if you dare petition the authorities for redress of greivances, it&#8217;s reasonable to expect that your head may get busted or someone may turn his vicious dog on your kids.&#8221;  </p>
<p>This sort of thing will stop when the mayor and police chief and ranking policeman in charge of policing a protest of this kind understand, all the way down in their bones, that a brutal response to a protest will end their careers, and when the individual officers involved know the same thing.  When the cop who pepper sprays a bunch of peaceful protesters is widely known to have ended up working on a loading dock at Wal-Mart, because absolutely no law enforcement or private security company would have him anymore, then taking your kids to a protest march will be much safer.  When the mayor who sends goons to break up the annoying protests in the city park finds that he has zero chance of being re-elected and nobody will return his phone calls, when the police chief is invited by the city council to take early retirement after ordering a head-busting breakup of a protest march, then this stuff will get better.</p>
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		<title>By: Jeff</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581863</link>
		<dc:creator>Jeff</dc:creator>
		<pubDate>Mon, 23 Jul 2012 18:20:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581863</guid>
		<description><![CDATA[I didn&#039;t think it would happen, but I&#039;m finally starting to see a modicum of public awareness (and outrage) at this serious problem.  The tide may finally turn.]]></description>
		<content:encoded><![CDATA[<p>I didn&#8217;t think it would happen, but I&#8217;m finally starting to see a modicum of public awareness (and outrage) at this serious problem.  The tide may finally turn.</p>
]]></content:encoded>
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		<title>By: Yizmo Gizmo</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581788</link>
		<dc:creator>Yizmo Gizmo</dc:creator>
		<pubDate>Mon, 23 Jul 2012 18:02:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581788</guid>
		<description><![CDATA[Maybe it was  lots of exposure to Maxwell Smart as a youth, but
I always use a Shoe Phone to record. No one has 
noticed so far, or ordered me to hand it over.]]></description>
		<content:encoded><![CDATA[<p>Maybe it was  lots of exposure to Maxwell Smart as a youth, but<br />
I always use a Shoe Phone to record. No one has<br />
noticed so far, or ordered me to hand it over.</p>
]]></content:encoded>
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		<title>By: demize!</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581766</link>
		<dc:creator>demize!</dc:creator>
		<pubDate>Mon, 23 Jul 2012 17:56:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581766</guid>
		<description><![CDATA[#1 You don&#039;t know what you&#039;re talking about &quot;touchy feely&quot; That the victims family protested the Tottenham police station and his sister etal were immediately assaulted. A heavy handed approach was taken from the get go, aside from the fact special branch shot the guy and initiated the cover up. They stood down when it was to their benefit or outnumbered as they are won&#039;t to do. I shit on these bastards.]]></description>
		<content:encoded><![CDATA[<p>#1 You don&#8217;t know what you&#8217;re talking about &#8220;touchy feely&#8221; That the victims family protested the Tottenham police station and his sister etal were immediately assaulted. A heavy handed approach was taken from the get go, aside from the fact special branch shot the guy and initiated the cover up. They stood down when it was to their benefit or outnumbered as they are won&#8217;t to do. I shit on these bastards.</p>
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		<title>By: Mario</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581700</link>
		<dc:creator>Mario</dc:creator>
		<pubDate>Mon, 23 Jul 2012 17:39:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581700</guid>
		<description><![CDATA[Perhaps this isn&#039;t going to be a popular opinion, but demonstrating is for the big boys. Sadly, there is always going to be a chance for violence. It&#039;s no place for children, pregnant women, or darling dainty types, for that matter.

I&#039;m not saying the cops are right; in fact, I am perfectly willing to believe that the cops are absolutely wrong. But when there&#039;s an impromptu demonstration and I hear that (Oh, my goodness!) &quot;women and children&quot; were attacked, I&#039;m going to confess that I&#039;m not very sympathetic. Leave the kids home. Do you not have a babysitter or relative that can watch the kids? Sorry, but you&#039;re going to have to leave the protesting to someone else then, no matter your outrage.]]></description>
		<content:encoded><![CDATA[<p>Perhaps this isn&#8217;t going to be a popular opinion, but demonstrating is for the big boys. Sadly, there is always going to be a chance for violence. It&#8217;s no place for children, pregnant women, or darling dainty types, for that matter.</p>
<p>I&#8217;m not saying the cops are right; in fact, I am perfectly willing to believe that the cops are absolutely wrong. But when there&#8217;s an impromptu demonstration and I hear that (Oh, my goodness!) &#8220;women and children&#8221; were attacked, I&#8217;m going to confess that I&#8217;m not very sympathetic. Leave the kids home. Do you not have a babysitter or relative that can watch the kids? Sorry, but you&#8217;re going to have to leave the protesting to someone else then, no matter your outrage.</p>
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		<title>By: Burgers Allday</title>
		<link>http://www.theagitator.com/2012/07/23/compare-the-headlines/comment-page-1/#comment-3581558</link>
		<dc:creator>Burgers Allday</dc:creator>
		<pubDate>Mon, 23 Jul 2012 16:53:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/?p=25639#comment-3581558</guid>
		<description><![CDATA[&lt;i&gt;The only safe way to preserve my Fourth Amendment rights is to…”hand over the phone immediately if ordered to do so”?&lt;/i&gt;

To spell it out in a bit more:

When the police tell you to hand the phone over, it may be a request or it may be an order.  The police don&#039;t know if it is a request or an order (they will decide later depending on how it goes down).  You also don&#039;t know if it is a request or an order.

By stating that you do not consent to hand the phone over, you make it clear that you are interpreting the instruction as a request rather than an order.  However, the policeman will probably decide that he intended the request to be an order.  He may do this with a verbal order, or he may do this by attempting to grab the phone.

Once the police clarifies, by word or deed, that he is ordering you to give the phone, the only safe strategy, legally, is to give up the phone with great alacrity and meek compliance.

Not complying with the order leads to two legal risks, which will now be briefly identified.  One risk is that a judge will decide that police had a lawful right to seize the phone based on exigent circumstances.   If the judge decides that there were exigent circumstances (wrong decision imo fwiw), then you disobey a lawful order and become guilty of the crime of obstruction.  You don&#039;t want that.

To spin it out a different way, even if the judge decides it was an unlawful order, you may be guilty of obstruction anyway.  As of right now, many jurisdictions make it a crime to disobey even an unlawful order.  That may or may not constitutional for the jurisdiction to do, but, unless and until the constitutional law on this point gets clearer, you shouldn&#039;t run the risk of disobeying even an unlawful order.

To spin it out still a different way, if police get your phone, especially while it is recording, you will have some good legal grounds to press them hard and fast to get the phone back after the incident is over.  After the phone comes back, you can maintain the suit for recompense during the seizure period.

Ultimately, poster &lt;i&gt;David&lt;/i&gt; correctly suggests that the best long term solution is technological.  Steaming is the start.  Going beyond that, there can be hidden secondary batteries, continuing GPS monitoring, continuing surreptitious recording (activated by removal of the primary battery, loss of signal or remote command).  Recording police at the scene is awesome (especially if it i an Anaheim style beatdown), but recording what they say back at the police station is super duper awesome.  Once that happens a couple times, they won&#039;t WANT your phone.

The best place to hide the recording device is inside the battery itself (because it will have a power source &quot;hidden in plain site&quot;).  Once the ACLU (or perhaps Stringer Bell) designs this product, things will get interesting in a good way.]]></description>
		<content:encoded><![CDATA[<p><i>The only safe way to preserve my Fourth Amendment rights is to…”hand over the phone immediately if ordered to do so”?</i></p>
<p>To spell it out in a bit more:</p>
<p>When the police tell you to hand the phone over, it may be a request or it may be an order.  The police don&#8217;t know if it is a request or an order (they will decide later depending on how it goes down).  You also don&#8217;t know if it is a request or an order.</p>
<p>By stating that you do not consent to hand the phone over, you make it clear that you are interpreting the instruction as a request rather than an order.  However, the policeman will probably decide that he intended the request to be an order.  He may do this with a verbal order, or he may do this by attempting to grab the phone.</p>
<p>Once the police clarifies, by word or deed, that he is ordering you to give the phone, the only safe strategy, legally, is to give up the phone with great alacrity and meek compliance.</p>
<p>Not complying with the order leads to two legal risks, which will now be briefly identified.  One risk is that a judge will decide that police had a lawful right to seize the phone based on exigent circumstances.   If the judge decides that there were exigent circumstances (wrong decision imo fwiw), then you disobey a lawful order and become guilty of the crime of obstruction.  You don&#8217;t want that.</p>
<p>To spin it out a different way, even if the judge decides it was an unlawful order, you may be guilty of obstruction anyway.  As of right now, many jurisdictions make it a crime to disobey even an unlawful order.  That may or may not constitutional for the jurisdiction to do, but, unless and until the constitutional law on this point gets clearer, you shouldn&#8217;t run the risk of disobeying even an unlawful order.</p>
<p>To spin it out still a different way, if police get your phone, especially while it is recording, you will have some good legal grounds to press them hard and fast to get the phone back after the incident is over.  After the phone comes back, you can maintain the suit for recompense during the seizure period.</p>
<p>Ultimately, poster <i>David</i> correctly suggests that the best long term solution is technological.  Steaming is the start.  Going beyond that, there can be hidden secondary batteries, continuing GPS monitoring, continuing surreptitious recording (activated by removal of the primary battery, loss of signal or remote command).  Recording police at the scene is awesome (especially if it i an Anaheim style beatdown), but recording what they say back at the police station is super duper awesome.  Once that happens a couple times, they won&#8217;t WANT your phone.</p>
<p>The best place to hide the recording device is inside the battery itself (because it will have a power source &#8220;hidden in plain site&#8221;).  Once the ACLU (or perhaps Stringer Bell) designs this product, things will get interesting in a good way.</p>
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