Hawaii AG - making illegal legal (Read 18648 times)

Sodie

Re: Hawaii AG - making illegal legal
« Reply #80 on: November 29, 2023, 06:19:30 PM »
A rights violation is a rights violation from anyone's viewpoint.

The reasons for Cops violating rights will vary and have never been prevented by any court.  Pretending you don't see that doesn't change the fact that a violation is a violation for ANY REASON.

No difference whether the Cop is having a bad day or is power-tripping.

So detail and nuance only matter when YOU identify them?

Yes, a rights violation is a rights violation.  The point is that correcting the behavior that resulted in the violation requires understanding the root cause.  In understanding the root cause, it absolutely matters whether it was a power-tripping cop getting his jollies by exercising power, or a cop trying to achieve a public safety outcome and bending the rules to get there, or a cop who just doesn’t understand the Constitution.

Flapp_Jackson

Re: Hawaii AG - making illegal legal
« Reply #81 on: November 29, 2023, 06:52:33 PM »
So detail and nuance only matter when YOU identify them?

Yes, a rights violation is a rights violation.  The point is that correcting the behavior that resulted in the violation requires understanding the root cause.  In understanding the root cause, it absolutely matters whether it was a power-tripping cop getting his jollies by exercising power, or a cop trying to achieve a public safety outcome and bending the rules to get there, or a cop who just doesn’t understand the Constitution.

Details (and nuance) are the Devil's playground.

If you caveat and nuance and hypothesize and analyze all of your core values, you soon find out you've created nothing but a world of gray areas with no concept, let alone existence, of right & wrong, individual liberty or any other ideal.

You can be the referee who calls balls and strikes, or you can be the judge who listens to all sides.  in the end, the game hinges on the calls the referee makes.  Let the line judge handle disputes. but when the violation is obvious, there's no "detail or nuance."

And unless you're all for "on the job training" for new recruits, Cops need to understand the part of the Constitution called the Bill of Rights.  It's what tells them what not to do.  if they can't be bothered to learn it before going out and areesting people, then we're going to have much bigger problems.

If someone that's a representative of the state is blatantly violating my constitutionally protected rights, i'm not going to have a conversation with them to discover if it's a training issue, if his wife beats him up, or if he hates old White people. 

And if you think a Cop "trying to catch a drug dealer" is justified in stepping over the line to violate ANYONE'S Constitutionally protected rights, then maybe it's people like you who are the problem.

A protected right is not a right if the law can't keep the government's representatives in check without having to take it to court.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Sodie

Re: Hawaii AG - making illegal legal
« Reply #82 on: November 29, 2023, 07:21:39 PM »
Details (and nuance) are the Devil's playground.

So why do you spend so much time there?

If you caveat and nuance and hypothesize and analyze all of your core values, you soon find out you've created nothing but a world of gray areas with no concept, let alone existence, of right & wrong, individual liberty or any other ideal.

You can be the referee who calls balls and strikes, or you can be the judge who listens to all sides.  in the end, the game hinges on the calls the referee makes.  Let the line judge handle disputes. but when the violation is obvious, there's no "detail or nuance."

There may be little or no detail or nuance about whether the violation occurred, but whether you believe it or not, detail and nuance do matter when it comes to determining why the violation occurred so you can most effectively correct the problem.

And unless you're all for "on the job training" for new recruits, Cops need to understand the part of the Constitution called the Bill of Rights.  It's what tells them what not to do.  if they can't be bothered to learn it before going out and areesting people, then we're going to have much bigger problems.

I’m absolutely for OJT for cops.  Not a single cop ever came out of the academy knowing everything they needed to know.  I want every cop on the force to be learning and training every day.

If someone that's a representative of the state is blatantly violating my constitutionally protected rights, i'm not going to have a conversation with them to discover if it's a training issue, if his wife beats him up, or if he hates old White people. 

I didn’t say I wanted you to have a conversation with cop about why they violated your rights.  I said the reason why matters for correcting the problem for the future.

And if you think a Cop "trying to catch a drug dealer" is justified in stepping over the line to violate ANYONE'S Constitutionally protected rights, then maybe it's people like you who are the problem.

Good one!  Except I didn’t say that either.  As you and I both said, “a rights violation is a rights violation,” and it’s wrong.  I used that scenario as a part of a set of examples that may require different approaches to corrective action.

A protected right is not a right if the law can't keep the government's representatives in check without having to take it to court.

So if you feel that a cop is violating your rights, you’re going to fight him/her over it?  Let us know how that works out for you.  I’ll take it up in court.

You love detail and nuance when you’re picking nits on somebody else’s post, but when someone points it out to you, it’s “the Devil’s playground?”  :thumbsup:

ren

Re: Hawaii AG - making illegal legal
« Reply #83 on: November 29, 2023, 07:36:38 PM »
yea...not hanging out with you people..
Deeds Not Words

Flapp_Jackson

Re: Hawaii AG - making illegal legal
« Reply #84 on: November 29, 2023, 07:42:15 PM »
You love detail and nuance when you’re picking nits on somebody else’s post, but when someone points it out to you, it’s “the Devil’s playground?”  :thumbsup:
You seem to enjoy attacking all my posts.

I wonder why you're even on here.

This instance is nothing special.

Have a nice night.   :geekdanc:
« Last Edit: November 29, 2023, 07:50:34 PM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Sodie

Re: Hawaii AG - making illegal legal
« Reply #85 on: November 29, 2023, 08:14:18 PM »
You seem to enjoy attacking all my posts.

I wonder why you're even on here.

This instance is nothing special.

Have a nice night.   :geekdanc:

I pass by WAY more of your posts than I reply to; every once in a while, I point out what appears to me to by flawed reasoning or hypocrisy.

I’m on here because there’s some useful info about 2A support efforts in Hawaii.  And because it’s intermittently amusing.

And I attack a lot of posts?  “Hey kettle, this is pot… You’re black.”

hvybarrels

Re: Hawaii AG - making illegal legal
« Reply #86 on: November 29, 2023, 08:32:54 PM »
yea...not hanging out with you people..

That's the sad thing now. The Biden admin has been weaponizing the justice department going after anyone they consider a political enemy.
You never know who's a dirty fed working for the shitlibs.

https://www.zerohedge.com/political/special-counsel-jack-smith-demanded-info-americans-who-favorited-or-retweeted-trump
If you dissolve your enemies in acid, technically that's turning your problems into a solution.

Flapp_Jackson

Re: Hawaii AG - making illegal legal
« Reply #87 on: November 29, 2023, 10:19:56 PM »
I pass by WAY more of your posts than I reply to; every once in a while, I point out what appears to me to by flawed reasoning or hypocrisy.

I’m on here because there’s some useful info about 2A support efforts in Hawaii.  And because it’s intermittently amusing.

And I attack a lot of posts?  “Hey kettle, this is pot… You’re black.”

Well, give yourself a cookie!

 :rofl:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

QUIETShooter

Re: Hawaii AG - making illegal legal
« Reply #88 on: November 29, 2023, 10:47:49 PM »
I don't think we should BBQ.

Let's scratch that idea.

I'll just do as OF and buy some more popcorn. :popcorn:
Sometimes you gotta know when to save your bullets.

hvybarrels

Re: Hawaii AG - making illegal legal
« Reply #89 on: November 30, 2023, 12:01:00 AM »
I don't think we should BBQ.

Let's scratch that idea.

I'll just do as OF and buy some more popcorn. :popcorn:

Are you going to put the "special" butter on it?   :D
If you dissolve your enemies in acid, technically that's turning your problems into a solution.

oldfart

Re: Hawaii AG - making illegal legal
« Reply #90 on: November 30, 2023, 12:07:28 AM »
I don't think we should BBQ.

Let's scratch that idea.

I'll just do as OF and buy some more popcorn. :popcorn:
....
 :rofl:
Today, I actually did buy about $30 worth of popcorn.  :popcorn:
I usually gift a can of multi-flavored popcorn to the RSO crew at kokohead.
But the new rules say "no eating or drinking" there now due to the thousands of sick people who ate lunch at the range.
« Last Edit: November 30, 2023, 12:27:45 AM by oldfart »
What, Me Worry?

eyeeatingfish

Re: Hawaii AG - making illegal legal
« Reply #91 on: November 30, 2023, 05:33:15 AM »
Details (and nuance) are the Devil's playground.

Sounds like something a liberal says justifying disregarding facts... Just saying

eyeeatingfish

Re: Hawaii AG - making illegal legal
« Reply #92 on: November 30, 2023, 05:34:48 AM »
A rights violation is a rights violation from anyone's viewpoint.

The reasons for Cops violating rights will vary and have never been prevented by any court.  Pretending you don't see that doesn't change the fact that a violation is a violation for ANY REASON.

No difference whether the Cop is having a bad day or is power-tripping.

You quoted my response but clearly didn't read it

eyeeatingfish

Re: Hawaii AG - making illegal legal
« Reply #93 on: November 30, 2023, 05:46:33 AM »
So what you're saying is it's OK for an officer to be subjective when making a decision whether to violate someones rights. 

My question is serious because you think since HI's red flag law allows the defendant to defend themself AFTER their 2A right is taken away, it's "due process". Even though they had no idea it was about to happen. 

Thanks for playing and trying to sound smart. Case law is black and white as it has been thru the court system and all the "small details" have been presented.  So this is not an example you can use.

Didn't say any such thing. Neither the constitution nor case law is able to provide directions for cops in every possible situation they may face. So they have to take what they have and try to make the best decision possible. And until the SCOTUS rules on something there often isn't any clear answer. That is why you can have one circuit court say a particular search is legal while another says it is illegal. I will give you an example, imagine your yard has a 5 foot fence. A 5 foot cop comes along and wants to see into your yard so he stands on a box and sees drugs in your yard. Illegal search. However if a 6 foot officer comes along and can see over your fence without having to stand on anything his observations would be legal. Not saying it is ok to violate constitutional rights, I am explaining to you that what is constitutional or unconstitutional often is not clear or obvious.

As I pointed out to Flapp, if you get arrested for an alleged crime you don't have a hearing before you get arrested. Same with a involuntary mental health evaluation.

macsak

Re: Hawaii AG - making illegal legal
« Reply #94 on: November 30, 2023, 06:28:25 AM »
what do you mean, "you  people"???

yea...not hanging out with you people..

Rocky

Re: Hawaii AG - making illegal legal
« Reply #95 on: November 30, 2023, 08:12:39 AM »
Let's have a BBQ and bring our chairs.  And something to drink.  Might be a while.

“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

changemyoil66

Re: Hawaii AG - making illegal legal
« Reply #96 on: November 30, 2023, 08:22:03 AM »
Didn't say any such thing. Neither the constitution nor case law is able to provide directions for cops in every possible situation they may face. So they have to take what they have and try to make the best decision possible. And until the SCOTUS rules on something there often isn't any clear answer. That is why you can have one circuit court say a particular search is legal while another says it is illegal. I will give you an example, imagine your yard has a 5 foot fence. A 5 foot cop comes along and wants to see into your yard so he stands on a box and sees drugs in your yard. Illegal search. However if a 6 foot officer comes along and can see over your fence without having to stand on anything his observations would be legal. Not saying it is ok to violate constitutional rights, I am explaining to you that what is constitutional or unconstitutional often is not clear or obvious.

As I pointed out to Flapp, if you get arrested for an alleged crime you don't have a hearing before you get arrested. Same with a involuntary mental health evaluation.

It's not as hard as you think it is.  Lets use HPD's covid example. They were stopping people from exercising their 1A due to the proclamation by Ige.  I was there multiple times witnessing this. It's not hard to understand the 1A.  Some were then arrested later for not wearing a mask, after the cops got push back for trying to break up the gathering.  They then looked for something else to arrest people.  Kevin McDonald who ran against Karl Marx was 1 who was arrested for this during a protest.

Then there was a walking protest on the sidewalk heading toward Greens condo in Chinatown.  HPD blocked the road so no one could cross the street toward his condo.  Only to let people continue about 20 mins later.

Then issuing citations for people breaking the incoming traveler quarantine, being out and not going to and from grocery shopping or work, etc...

Someone brought a locked rifle case to a C&C hearing and a cop detained him.  . Yes, he was detained as he asked if he was being detained or free to go and he was told he's detained. He then asked for what and was told the rifle case, which isn't illegal to carry around.  Then more cops showed up and none released him knowing it's a rifle case. So not 1 came by to say, "hey this is unconstitutional".  He then had his pockets searched and frisked.  Then Chief Logan came by and put an end to this and released him.

You're example once again is wrong. Looking over a fence to items in view of the public is allowed. So if a tall cop or one who needs a boost to look over the fence, isn't violating anything.  Same goes if they see something inside a home thru a window or open door.  Again this shows you don't understand the 4th amendment.

It sounds like many HPD have no clue on what the constitution is as they violated it above, at the firearms division, and by your poor examples. 

Thanks for playing. I brought my receipts, looks like you gotta accept the return.

changemyoil66

Re: Hawaii AG - making illegal legal
« Reply #97 on: November 30, 2023, 08:22:28 AM »


If it's at someones home, the automatic ban takes place and no sign is needed.


**add

The injunction applies to "private property open to the public". Someone's home isn't open to the public, compared to a retail store.
« Last Edit: November 30, 2023, 10:02:19 AM by changemyoil66 »

changemyoil66

Re: Hawaii AG - making illegal legal
« Reply #98 on: November 30, 2023, 08:23:18 AM »
I don't think we should BBQ.

Let's scratch that idea.

I'll just do as OF and buy some more popcorn. :popcorn:

I would come, just not interact with certain people. Esp that guy who has Tourette's.

macsak

Re: Hawaii AG - making illegal legal
« Reply #99 on: November 30, 2023, 09:59:21 AM »
heads

I would come, just not interact with certain people. Esp that guy who has Tourette's.