Baltimore riots

[over the mountain]

I had a case against Mosby when she was defending car accidents for Safeco. She never returned a phone call and did below the bare minimum. A few years later she is the State's Attorney for Baltimore City? Whhhhhaaaatttttt???

That open letter is jaw dropping.

It is very hard for cities like Baltimore to recruit police officers. Now, who would want to join if Marilyn Mosby will charge you faster than a criminal?

It is impossible for jurisdictions to keep their top prosecutors. PG county cant keep their experienced prosecutors on the payroll bc private firms can offer 2-3x as much. Now she comes in and fires people? people who know how to prosecute a case and defense attys respect?

bet $1,000 right now she will never be 1st chair for a serious case. Why? she is unqualified but the democrat voters voted her in the gubernational elections and no republican or other party ran against her so when balt city went to vote, it was her or a blank line for a write in.

The ripple effect on this could be unimaginable. this could set baltimore back in ways people dont imagine bc its more behind the curtain.

I moving to columbia in a month.

Joe - i was shocked when I read the charging document stating that Gray surrendered after a brief foot chase. that implies no force so certainly no excessive force.

the charging document and Mosby's own words repeatedly stress that he was unlawfully detained with no PC as grounds to state any touching was illegal and therefore any consequence thereafter was illegal.

thats a slippery slope. under that language and thinking, any person who was arrested and the charges were later dismissed for lack of PC has a slam dunk 1983 civil rights claim. what happens if a person is mistakenly arrested and then they are killed by another prisoner? or catch hep c? or have a heart attack? do we now charge the arresting officers with murder 2? we all know jail is for criminals and criminals kill .. so is it depraved heart to put someone in jail and then they are subsequently attacked or killed? we all know being arrested can cause panic and stress, so if someone has a heart attack as a result, should we charge the arresting officer with murder 2?

** everything said above is my own personal opinion and not presented as fact.

I imagine every have decent crim defense atty will pray up a jury trial and assert speedy trial rights. no way the BC state's attorney's office can do anything right now but plea em out.

[JoeRedskin]

Originally Posted by over the mountain

[T]he charging document and Mosby's own words repeatedly stress that he was unlawfully detained with no PC as grounds to state any touching was illegal and therefore any consequence thereafter was illegal.

Well, they had reasonable suspicion to do a Terry stop/"stop and frisk". There is a Supreme Court case which states that an individual's presence in an area known for heavy narcotics trafficking, combined with his unprovoked flight after seeing and being seen by an officer, justified a stop and search.

So, during the pursuit, if an officer shouts "Halt" and person keeps running, has the person now violated a lawful order of the police providing the necessary probable cause for an arrest? I don't know the answer. If it does, it sets the probable cause bar pretty low.

Good synopsis of the case: Person's Flight Can Justify Police Stop and Search, Supreme Court Rules

The incident that led to the decision today occurred at mid-day on a Chicago street in 1995. As four police cars on narcotics patrol approached the sidewalk where he was standing, Sam Wardlow turned and ran down an alley. An officer caught him and, in a pat-down search, felt a gun in a bag he was carrying under his arm. Justice Stevens said the police officer's testimony about what actually happened was too vague to support a finding of reasonable suspicion. The decision was an application of the court's 1968 decision in Terry v. Ohio, which for the first time authorized a warrantless, brief detention and search of a person acting suspiciously but under circumstances less conclusive than probable cause to believe that a crime had been committed.