When they touch you, hit the ground, and do not move. Make them call an ambulance. I don't know why, your honor, but that man hit me and the next thing I knew I was in the ambulance.
>I had called a cop, who also asked me for my DL. I complied.
I carry my passport for this purpose. I have found that presenting a US Passport as id tends to make police officer ramp up their professionalism in a way that a drivers license does not, and it makes private people nervous. Neither wants to hold on to your passport for longer than absolutely necessary. The police especially, don't want to be in the position of having confiscated a Federal document; local police don't actually have the authority to do that. They identify you to a *high* standard, but still would have to go through a fairly difficult process involving a records search (which must be justified in paperwork) in order to cross reference into the state or city system. And they can't ask for a drivers license, be offered a passport, and then claim you refused to identify yourself. You showed them a federal ID document, and if they refused to accept it, they are almost certainly breaking the law, and maybe opening the door for a Federal tort.
...the store is trying to cut down on fraud and theft with any method they can...
Any *legal* method.
This is pretty much an absolute line. If they can break the law in order to protect their interests, then so can I. There is no law for anyone if it only applies to some and not others.
"Was that really necessary? 911 is for dealing with injuries, or people who are in imminent danger. Does a store employee standing outside your 2-ton automobile put you in danger?"
It's assault, a violent crime punishable by years of incarceration, and absolutely justifies a call to 911.
>Lawyers are like sharks in the US, I hear. And there's lots of blood in the water now.
If the OP has a lawyer, he didn't mention it in the article. If his lawyer advised him to broadcast an opinion piece about the case, he needs a new lawyer.
"But there was no crime, because they had already checked his bags, and verified that there was nothing stolen. They should have just let him go on his way. Instead, the cop hassled him for his identification."
Was the store manager asking the police to issue a trespass citation? That would be a very common response to a customer that hassled the staff. Typically done for skateboarding, rowdy behavior, hanging out in parking lots, etc. That situation, that maybe we're not hearing about from the OP, would be justification for the police to compel the OP to act.
I didn't read anything in TFA about Michael's attorney... which doesn't surprise me, because the first advice he would have gotten, would have been about keeping his mouth shut, which means, don't broadcast an opinion piece before your hearing... He probably needs to be suing the store for tens of millions, just so that the story will get the kind of national attention it needs. What's probably going to happen is he will get a ruling that says the store employees didn't do anything wrong (they never touched him...), and that the officer acted within his discretion. The officer probably had discretion to detain Michael long enough to identify him and give him a summons to appear in court. Unable to legitimately identify him (and his big, sassy mouth), he took him into custody directly.
He should file a tort case against the officer, and a separate one against the department that permitted the officer to pursue the error all the way through arraignment.
The Federal 4th Amendment Case that affirms that no peace officer may demand a citizen to identify himself isn't going to come out of this case, and I'm afraid the ACLU is going to tell him the same thing. He wasn't just a random person walking across the Circuit City parking lot. He was (a.) the subject of an investigation that was raised because the store suspected him of shoplifting, and (b.) the complainant in a civil dispute related to his egress being blocked. He was also probably (c.) the subject of a trespassing complaint; after all this, it would surprise me greatly that the manager didn't ask the police to put a trespass order on him.
The difference between this situation and some kind of random "papers please" checkpoint might not be clear to Michael, but I hope he doesn't expect this to turn into a Constitutional Rights landmark. He might end up having to pay a fine for refusing to give identification to the police when ordered, even though his own reading of the law convinces him that he was a victim of a crime. He may be right, but he's not going to win anything. Best he can hope for is to have the ticket dismissed and to not be barred from the Circuit City property in the future...
Seriously, have you ever been on the hiring side of the table? Posted a really desirable, salary- and benefits-heavy, mid-career type of job? There's this phenomenon where you get 4000 applicants for two positions. In that situation, anything that can be legally done to narrow that field, can conceivably be approved by the board. Doesn't make it right, but it's really no mystery.
>Join the mailing lists, discuss issues there first. Be polite but firm when dealing with companies and >remember that the goal is to ensure a company stops violating the GPL and does not violate it again, rather >than to leave a smoking crater at the location of their HQ... at least not on the first offence.
Where in the GPL does it say that? If you are the copyright holder, and, aside from the license terms, reserve all rights, then you have all rights reserved by any other copyright holder whose work is being distributed without his consent. Companies have been liquidated and individuals have paid bankrupting fines for exactly that. Why wouldn't a copyright holder be entitled to the same damages, if those were what he sought?
I realize there are large scale applications of Stirling Engines that work (even powering submarines); but it's so often brought up as if it's the obvious solution, like the idea is being actively suppressed or something. So somebody ought to power their home/ranch/business on one, and show everybody how insane they are...
"It's so nice to have a big picture of Hayden Christiansen on this lightsaber, the old lightsaber was just boring."
Those of us who were already old shutterbugs at the time recognized the thing for what it was. Camera collectors have suffered for years, not just because flash handles are unobtainable now, but also because many good Graflex bodies and lenses were destroyed by Star Wars fans whenever they were found in garage sales and thrift stores -- they were only interested in the flash handle, and the rest of the cameras were just junk to them.
I would love to see a case study of someone operating independently off-the-grid with a Stirling Engine.
As I understand it, in most situations where you have a mechanism for sinking the waste heat a Stirling Engine produces, you'd be better off using that energy resource instead. (E.g., flowing water sufficient for cooling could drive a water wheel and generator). The devil in the details of the heat exchangers prevents Stirling from being the magical cure to the world's energy woes, correct?
I think there's a misconception about deserts. (They generally are not simply dunes of sand. There's a *lot* of plant and animal life in the Sonoran ecosystem, for example). Anyway, where I live, according to my local power company we have up to 17% solar power in the summer. I have two solar cookers which work really well for making soups and sauces. Exactly like these: http://solarcooking.org/images/hflame1.jpg
I also have a roof-mounted solar water heater, part of a hybrid system (I have a gas water heater but it does considerably less work when the solar heater is working, which is almost all the time.) Yes we have hot water at night. The rooftop heater looks like a skylight. Okay, so I live in a desert city with 300 days of sunshine a year. Love it.
"Have you ever tried to spend any time with a teenager that cant get online to log onto myspace or Facebook? It's like being with a heroin addict that cant get their fix."
"Or a P2P addict that has been throttled."
Or a bookworm with no reading material. Or a musician without his instrument. Why the "heroin addict" comment? Being shoved out of your comfort zone, forced to waste time that you want to spend doing something specific, is universally a bad thing for people that care about their time.
>If you save 2 mins a day over 200 days in a year that you drive, over some 50 years that you drive, you just saved two full weeks of >your live by passing 'that guy.'
There's an argument to be made also for just getting a much better, more comfortable car, better audio, etc. There might be a statistical argument to suggest that frequent "passing" may shorten your life by 40-60 years.
Just make your car comfortable enough that those extra minutes don't seem like a waste.
>This whole concept of authentication and WGA is flawed.
It puts a cryptographic key between you and tools on which you may come to depend.
Would you crawl under a car that was raised on a lift, knowing that the lift might fail, and that possibly, before you could be rescued, someone would have to wait for a customer service line to give a crypto key to unlock it?
That is a bad car analogy, but it's precisely the reason some copy protection schemes are absolutely taboo in the parts of my world that I control.
When they touch you, hit the ground, and do not move. Make them call an ambulance. I don't know why, your honor, but that man hit me and the next thing I knew I was in the ambulance.
>I had called a cop, who also asked me for my DL. I complied.
I carry my passport for this purpose. I have found that presenting a US Passport as id tends to make police officer ramp up their professionalism in a way that a drivers license does not, and it makes private people nervous. Neither wants to hold on to your passport for longer than absolutely necessary. The police especially, don't want to be in the position of having confiscated a Federal document; local police don't actually have the authority to do that. They identify you to a *high* standard, but still would have to go through a fairly difficult process involving a records search (which must be justified in paperwork) in order to cross reference into the state or city system. And they can't ask for a drivers license, be offered a passport, and then claim you refused to identify yourself. You showed them a federal ID document, and if they refused to accept it, they are almost certainly breaking the law, and maybe opening the door for a Federal tort.
>..and learned as a college student that in this state you are expected to show official ID to any officer who asks.
"expected", or "required by statute?" What statute? That's central to the OP's argument -- there is no such statute.
If the officer "expects" you to give him a blowjob in the squad car, do you apply the same standard to that and comply?
...the store is trying to cut down on fraud and theft with any method they can...
Any *legal* method.
This is pretty much an absolute line. If they can break the law in order to protect their interests, then so can I. There is no law for anyone if it only applies to some and not others.
You made a mistake, you did not press charges for assault and battery.
You could own them. Still.
>In the end, they gave me a crappy $50 gift card and dirty looks.
You could have used that as evidence that they knew they had violated your rights, falsely accusing you of shoplifting...
>Last I heard, the assistant manager was fired.
Further evidence that the organization knew that what they did to you was wrong.
You should sue. For tens of millions.
>All retail stores have to have some measure of theft prevention in place.
They are allowed to have whatever measure they need -- as long as they stop short of abridging someone's rights.
>Those guys at the doors asking to see a receipt aren't the frigging new world order
So please list the rights that you give up on that basis. List them all, and tell us why your assertion justifies each one.
"Was that really necessary? 911 is for dealing with injuries, or people who are in imminent danger. Does a store employee standing outside your 2-ton automobile put you in danger?"
It's assault, a violent crime punishable by years of incarceration, and absolutely justifies a call to 911.
>Lawyers are like sharks in the US, I hear. And there's lots of blood in the water now.
If the OP has a lawyer, he didn't mention it in the article. If his lawyer advised him to broadcast an opinion piece about the case, he needs a new lawyer.
>I doubt a city attorney will choose to prosecute the person arrested.
The problem is, the OP doesn't want it to end there. He wants a tort that he can parlay into retirement, or at least, a way out of Ohio.
>I know they have the right to deny entrance - but on ANY grounds?
Yep, except ethnicity, gender, race, religion, or physical disability, they do.
"But there was no crime, because they had already checked his bags, and verified that there was nothing stolen. They should have just let him go on his way. Instead, the cop hassled him for his identification."
Was the store manager asking the police to issue a trespass citation? That would be a very common response to a customer that hassled the staff. Typically done for skateboarding, rowdy behavior, hanging out in parking lots, etc. That situation, that maybe we're not hearing about from the OP, would be justification for the police to compel the OP to act.
I didn't read anything in TFA about Michael's attorney... which doesn't surprise me, because the first advice he would have gotten, would have been about keeping his mouth shut, which means, don't broadcast an opinion piece before your hearing... He probably needs to be suing the store for tens of millions, just so that the story will get the kind of national attention it needs. What's probably going to happen is he will get a ruling that says the store employees didn't do anything wrong (they never touched him...), and that the officer acted within his discretion. The officer probably had discretion to detain Michael long enough to identify him and give him a summons to appear in court. Unable to legitimately identify him (and his big, sassy mouth), he took him into custody directly.
He should file a tort case against the officer, and a separate one against the department that permitted the officer to pursue the error all the way through arraignment.
The Federal 4th Amendment Case that affirms that no peace officer may demand a citizen to identify himself isn't going to come out of this case, and I'm afraid the ACLU is going to tell him the same thing. He wasn't just a random person walking across the Circuit City parking lot. He was (a.) the subject of an investigation that was raised because the store suspected him of shoplifting, and (b.) the complainant in a civil dispute related to his egress being blocked. He was also probably (c.) the subject of a trespassing complaint; after all this, it would surprise me greatly that the manager didn't ask the police to put a trespass order on him.
The difference between this situation and some kind of random "papers please" checkpoint might not be clear to Michael, but I hope he doesn't expect this to turn into a Constitutional Rights landmark. He might end up having to pay a fine for refusing to give identification to the police when ordered, even though his own reading of the law convinces him that he was a victim of a crime. He may be right, but he's not going to win anything. Best he can hope for is to have the ticket dismissed and to not be barred from the Circuit City property in the future...
My mom, in her late 70s, is a happy Ubuntu user. The only recurring issue has to do with video codecs.
Seriously, have you ever been on the hiring side of the table? Posted a really desirable, salary- and benefits-heavy, mid-career type of job? There's this phenomenon where you get 4000 applicants for two positions. In that situation, anything that can be legally done to narrow that field, can conceivably be approved by the board. Doesn't make it right, but it's really no mystery.
>Join the mailing lists, discuss issues there first. Be polite but firm when dealing with companies and
>remember that the goal is to ensure a company stops violating the GPL and does not violate it again, rather
>than to leave a smoking crater at the location of their HQ... at least not on the first offence.
Where in the GPL does it say that? If you are the copyright holder, and, aside from the license terms, reserve all rights, then you have all rights reserved by any other copyright holder whose work is being distributed without his consent. Companies have been liquidated and individuals have paid bankrupting fines for exactly that. Why wouldn't a copyright holder be entitled to the same damages, if those were what he sought?
I realize there are large scale applications of Stirling Engines that work (even powering submarines); but it's so often brought up as if it's the obvious solution, like the idea is being actively suppressed or something. So somebody ought to power their home/ranch/business on one, and show everybody how insane they are...
"It's so nice to have a big picture of Hayden Christiansen on this lightsaber, the old lightsaber was just boring."
Those of us who were already old shutterbugs at the time recognized the thing for what it was. Camera collectors have suffered for years, not just because flash handles are unobtainable now, but also because many good Graflex bodies and lenses were destroyed by Star Wars fans whenever they were found in garage sales and thrift stores -- they were only interested in the flash handle, and the rest of the cameras were just junk to them.
I would love to see a case study of someone operating independently off-the-grid with a Stirling Engine.
As I understand it, in most situations where you have a mechanism for sinking the waste heat a Stirling Engine produces, you'd be better off using that energy resource instead. (E.g., flowing water sufficient for cooling could drive a water wheel and generator). The devil in the details of the heat exchangers prevents Stirling from being the magical cure to the world's energy woes, correct?
I think there's a misconception about deserts. (They generally are not simply dunes of sand. There's a *lot* of plant and animal life in the Sonoran ecosystem, for example). Anyway, where I live, according to my local power company we have up to 17% solar power in the summer. I have two solar cookers which work really well for making soups and sauces. Exactly like these: http://solarcooking.org/images/hflame1.jpg
I also have a roof-mounted solar water heater, part of a hybrid system (I have a gas water heater but it does considerably less work when the solar heater is working, which is almost all the time.) Yes we have hot water at night. The rooftop heater looks like a skylight. Okay, so I live in a desert city with 300 days of sunshine a year. Love it.
"Have you ever tried to spend any time with a teenager that cant get online to log onto myspace or Facebook? It's like being with a heroin addict that cant get their fix."
"Or a P2P addict that has been throttled."
Or a bookworm with no reading material. Or a musician without his instrument. Why the "heroin addict" comment? Being shoved out of your comfort zone, forced to waste time that you want to spend doing something specific, is universally a bad thing for people that care about their time.
>If you save 2 mins a day over 200 days in a year that you drive, over some 50 years that you drive, you just saved two full weeks of >your live by passing 'that guy.'
There's an argument to be made also for just getting a much better, more comfortable car, better audio, etc.
There might be a statistical argument to suggest that frequent "passing" may shorten your life by 40-60 years.
Just make your car comfortable enough that those extra minutes don't seem like a waste.
>And, by saying this, you're telling me that it is:
I'm telling you that hitting the stop button less than 10ms after submit doesn't work.
>This whole concept of authentication and WGA is flawed.
It puts a cryptographic key between you and tools on which you may come to depend.
Would you crawl under a car that was raised on a lift, knowing that the lift might fail, and that possibly, before you could be rescued, someone would have to wait for a customer service line to give a crypto key to unlock it?
That is a bad car analogy, but it's precisely the reason some copy protection schemes are absolutely taboo in the parts of my world that I control.
>these damned PHBs are mentally impaired.
And you have not managed to parlay your superior ideas into a position of authority for yourself because???
Seriously, if they are mental midgets as you claim, it ought to be child's play to take over.
>All right. It's not an app, it's not an emulator.
No it isn't.