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 "We were framed" 
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 Post subject: "We were framed"
PostPosted: Fri Sep 11, 2009 4:20 pm 
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Read more: It's a setup

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But can law enforcement themselves be entrapped? That seems to be the extraordinary claim of the Racine, Wisconsin police department in the case of an open carrier who was arrested for obstructing justice after he apparently refused to identify himself when officers began questioning him for open carrying on the porch of his own home.
The facts are still emerging, but reports seem to agree that officers were in the neighborhood where Frank Rock lives on Wednesday night investigating the shooting of one or more raccoons. While in the neighborhood, officers noticed that Rock, sitting peacefully on his front porch, was openly wearing a holstered handgun, which is legal in Wisconsin, and began questioning him. When Rock refused to identify himself or answer their questions, officers arrested him, charging him under Wisconsin statute 946.41(1) which reads:
Whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority, is guilty of a Class A misdemeanor.
The issue then becomes a twofold inquiry. First we must ask whether the officers were acting under “lawful authority” when they questioned Rock about his legal activity on his own property and secondly, whether his refusal to answer their questions rises to the level of resistance or obstruction required by the statute.

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Wow … It sure seems that the officers overstepped their bounds in this case. And it appears that they know it; because their first reaction when questioned was to claim that it appears they were “set up … to see how they would react to open carry.”


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 Post subject: Re: "We were framed"
PostPosted: Fri Sep 11, 2009 7:10 pm 
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They were framed, and set up, into overstepping their bounds?

No, they know where their limits lie, that's their job - to know the law, and enforce it. Not stretch it when convenient, or when they feel like harassing someone for using their rights.


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 Post subject: Re: "We were framed"
PostPosted: Mon Sep 14, 2009 1:31 pm 
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Q_Continuum wrote:
No, they know where their limits lie, that's their job - to know the law, and enforce it. Not stretch it when convenient, or when they feel like harassing someone for using their rights.

We expect (and hope) that they don't stretch, bend or blur the lines. They do know their limits, and how to exceed them. If they admit their mistakes, then they'll get what's coming to them. If they deny deny deny, they're let off with a slap on the wrist.


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 Post subject: Re: "We were framed"
PostPosted: Wed Sep 16, 2009 11:28 am 
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Location: Saint Paul
It'd be a interesting story to tell your inmate that you were prosecuted for entrapping a police officer.

What happens if the police try to entrap you into entrapping them? Do you both go to jail? :shock:


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 Post subject: Re: "We were framed"
PostPosted: Wed Sep 16, 2009 11:55 am 
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Pakrat wrote:
We expect (and hope) that they don't stretch, bend or blur the lines. They do know their limits, and how to exceed them. If they admit their mistakes, then they'll get what's coming to them. If they deny deny deny, they're let off with a slap on the wrist.


Pakrat you have me pondering the saga of the Metro Gang Task Force.

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 Post subject: Re: "We were framed"
PostPosted: Wed Sep 16, 2009 6:35 pm 
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Excuse me, but I have a question. Doesn't the Constitution of the United States provide that you are not compelled to speak to police or other authorities? I thought there was the odd amendment stuck between the 4th and 6th Amendments that concerned itself with that topic. Now a citizen of Wisconsin is arrested on "obstruction" charges for refusing to talk to police. I thought someone had to do something affirmative to "obstruct".


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