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Ernie's House of Whoopass! July 29, 2015
July 29, 2015

"This Life's Hard, But It's Harder If You're Stupid." - Steven Keats.

Here's a Sandra Bland related question I've posed to no less than five FB threads and up until this morning, had yet to get anything close to a solid answer on. The encounter usually unfolds something like this: "Thread: Since Bland's traffic stop was completed, it was absolutely wrong/illegal/unprofessional for that cop to ask her to step out of her car." "Ernie: Can you tell me what event qualifies as the legal conclusion of a traffic stop?" "Thread: No, not really." Yet despite this very clear question, everyone instead seems willing to offer an opinion on whether or not the officer was (un)justified or (un)professional or if his request was (il)legal or whether or not she was unfairly delayed. And those are certainly important issues, but they don't answer my question. And this isn't a trick; I don't have some "AH-HA!" trap waiting to spring on the person who gives me the answer. I'm asking an honest question and hoping for an *informed* answer. If Bland's traffic stop was concluded, then the sequence of events must have crossed some sort of legal threshold; I'm merely asking what that threshold was? Or would have been?

Some people have pointed towards this article for the answer, but that raised even more questions. "His right to detain her ended the minute he was done with his traffic investigation and written the ticket or warning. At that point, the detention became unlawful." What does that vague, open-eded statement even mean? Viewed through a wide angle lens I suppose it's true, but I'm looking for the specific event that fulfills both sides obligations. Surely the author can't mean that even while sitting in his patrol car, the instant the officer's pen left his citation booklet, the traffic encounter was concluded. That would be like saying, "a pilot's job is over once he lands the plane." It's not. The instant the plane's wheels tough the tarmac, the pilot doesn't throw his hands up and says, "Okay my job is done what's for lunch?" There's so much more to it. Slowing the plane down, radioing the tower, taxiing off the runway, identifying what gate is his, getting there, shutting down the plane, opening the doors, ushering off all of the passengers, and shutting the doors.

So my question was, did anyone know the actual specific event that signals the legally defined end of a traffic stop? Is it when the driver takes receipt of the citation? Is it when the driver signs the citation? Is it when the officer received back the signed copy? Is it some verbal cue (goodbye, you are free to go, have a nice day, drive safely)? Is it when the officer begins to walk back to his patrol car? Is it when the driver rolls up their window and/or drives away? Eventually, a LEO acquaintance (who shall remain nameless) offered the following answer...

"A Tier 2 encounter ends once the officer concludes the investigative detention. THE SPECIFIC EVENT IS WHEN THE DETAINEE IS GIVEN BACK THEIR PROPERTY, USUALLY ID, AND TOLD THEY ARE FREE TO LEAVE. After the detainee is released. If the citizen elects to converse with the officer, its a Tier 1 (consensual) encounter. At that point, if the officer develops [reasonable articulable suspicion] it becomes Tier 2 again."

Armed with that information, if we review the dash cam footage again, fast-forwarding to the 8:30 mark when the officer exits his patrol car and returns to Bland's drivers side window, he seems to be preparing to return her property (drivers license, insurance, and citation) her when he asks if she is okay and she starts off on her, "I'm waiting on you, this yo job..." tirade. A few seconds after that, it's step out of the car please. So if I interpret both the Tier 2 explanation and the video correctly, the traffic stop was NOT concluded, and the officer was within his discretion to order her out of the vehicle. So I guess here's another painful truth about life: it's also a lot harder when you' act like an asshole. And no, it wasn't John Wayne who originally said that.

Now if I were to challenge you to find this sign, it would be way too easy. A quick Google search for "route 1 mile marker 0" and you're staring at this. No real challenge there, amirite? So instead I'm going to challenge you to find this guard shack; and pay attention to the square steps that lead up to it.

Something I need in my life: a portable pizza oven that cooks pizza in 118 seconds. You're welcome.

Morrison's Cafeterias was a chain of cafeteria-style restaurants, located in the Southeastern United States with a concentration of locations in Georgia and Florida. Generally found in shopping malls, Morrison's primary competition was Piccadilly Cafeterias. It was particularly popular in Florida, with its high proportion of retirees. At its peak, the company was synonymous with good southern cooking and operated 151 restaurants under the Morrison's name in 13 states. By the mid-1990s, the new restaurant concepts — particularly Ruby Tuesday — were doing far better than the original cafeteria chain. Because of this, Morrison's decided to split the company into three new firms: Morrison's Fresh Cooking, the cafeteria chain including Ruby Tuesday and other casual dining concepts; and Morrison Health Care, which took over the food contracts for hospitals.

Hi Ernie, I believe these batteries are made by GP a Battery Giant in Hong Kong. I thought these were the GP1300 rechargeable but I think now the GP 2300 series is it, as it does not have a yellow stripe in the green . Cheers Man, Randy

Older style GP NiMH batteries. Mark

...vs...

hi ernie. those look like duracell rechargables to me. Lyn

Those yellow and green batteries are Duracell rechargeables. Brad

Well, we're going to have to go to the photo finish on this one, since the race is too close to call. If we CSI-ZOOM-AND-ENHANCE the original image, I see what appear to be four characters/letters/symbols on the green portion of the battery. Not clearly enough to be legible -- although the character closest to the yellow portion does look like a "1" which certainly lends weight to the GP1300 theory -- but regardless, certainly four of something. Based upon that, I'm going to declare Randy and Mark the winners on this one. But you know, these pillars somehow look familiar. Didn't we just have a challenge for this location?

The Zastava PAP Semi-automatic rifle is a series of modern sporting rifles manufactured in Serbia by Zastava Arms company, and based upon the modified Soviet AK-47 and AKM assault rifles. he receiver of the M70 is 1.5 mm thick, compared to the 1 mm thick receiver of the AKM, making it more rigid. Likewise, the barrel is not chrome-lined, making it more accurate than a standard AKM, but at the cost of increased susceptibility to corrosion thus requiring more frequent cleaning. The third generation O-PAP M70 uses double stack magazines, bulged "RPK" trunnion, M-21 side rail, and comes with oiled surplus furniture. And it's a pretty sweet deal for only $574 plus shipping.

The Pembroke Welsh Corgi, is a herding dog breed, which originated in Pembrokeshire, Wales. They descend from the line that is the northern spitz-type dog; yet the corgi is one of the smallest dogs in the Herding Group. Pembroke Welsh Corgis are famed for being the preferred breed of Queen Elizabeth II, who has owned more than 30 during her reign. These dogs have been favored by British royalty for more than seventy years. The Pembroke Welsh Corgi has erect ears, and proportional to the equilateral triangle of the head. They should also be firm, medium in size, and tapered slightly to a rounded point. Pembroke Welsh Corgis can compete in dog agility trials, obedience, showmanship, flyball, and tracking and herding events. Pembrokes have an average life expectancy of 12–15 years.


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