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PLEASE GO STAND BY THE STAIRS

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joined 2022 September 04 23:45:12 UTC

				

User ID: 278

pusher_robot

PLEASE GO STAND BY THE STAIRS

0 followers   follows 0 users   joined 2022 September 04 23:45:12 UTC

					

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User ID: 278

But it just seems obvious to me that "find a guy if you knew where he was yesterday, already suspected he might run, and had arbitrary amounts of time to tag him however you wanted" should not be a problem for an efficient state apparatus at our current level of technological development.

I don't understand why this seems obvious to you. This is a big country, with lots of people, and not a lot of patience for civic duties. It is far more than a trivial matter to track the activities of someone who does not want to be tracked. People here generally are not comfortable with PRC-levels of domestic surveillance, and if emulating China is the cost of being easy-going with illegal migrants, I doubt very much you will get many willing to pay that price.

There are, it seems obvious to me, technologies (social and literal) that could be employed at scale to make this kind of evasion obviously impossible and not worth attempting

If you are going to strongly stake out this position, I think you have an obligation to spell out what technologies those are. Ankle monitors? Those are usually used for people with ties to the place they are living, as it's much better at monitoring compliance than preventing flight. Common sense tells me recent arrivals with no strong ties to the community would simply throw the ankle monitor in the trash and hitch a ride out of town.

What else are you envisioning?

I think you would have an obligation to state with some precision what orders you think are illegal, or would be illegal, rather than trying to create a cloud of FUD.

If the car is being deliberately driven at you, getting out of the way may be impossible. It doesn't appear that was the case here, but the officer wouldn't have known that at the time.

Is this a Poe? If seems a little too on the nose.

Well, in this case it wasn't the officer who died. I believe most such cases would be similar.

It's entirely possible, probable even, that she both (a) didn't intend to kill ICE agents, but also (b) provoked them quite seriously. ICE agents have been attacked with vehicles already, so it's not all that unreasonable they would anticipate that possibility, and she accelerated right at one in the process of attempting to flee their traffic stop (already a potential felony).

This also doesn't fit your example. Standing behind your car has a clear and temporary purpose: holding the cart for someone. It's not for the purpose of obstructing the car, the car is just inconvenienced as a side effect. A better example would be the escalation into a bar fight.

I think this is where I disagree. The officer standing behind the car is also not for the purpose of obstructing the car, it's for the purpose of effecting the arrest of the person inside the car. This is not like a bar fight at all. Arresting people engaging in obstruction of legitimate police activity is something I want more of, not less of. It seems entirely correct that the police are deliberately constraining the options of someone they are trying to arrest. That's what arrest is.

My line of replies was to Gillitrut, who posited:

You think someone has an illegal quantity of drugs? Probably no high speed chase or deadly force. This latter is outside the context of self-defense of course. If guy with drugs pulls a gun on you, feel free to escalate appropriately. The point is that there needs to be a proportional relationship between the means and the crime.

So those replies should be read in the context of arguing against someone who doesn't think the police should chase someone outside a context where deadly force would be justified.

in the gun case, "point a gun at someone" is not part of any normal "escape" flow.

How isn't it? The most obvious, reliable way of escaping the police would be to shoot them, then leave.

Suppose you are parked next to me at the grocery store, and I am standing behind your car while I hold the cart for another person who is unloading it into the trunk. After 10 seconds of this, you become impatient and attempt to run me over with your car, and I pull out my gun and shoot you. Have I "deliberately engineered a situation for the purpose of being forced to result to self-defense?" My intuition is, no, I'm doing something that is possibly annoying, possibly grounds for being physically moved out of the way, but in no way inviting attempted vehicular homicide.

Now, you might counter that the situation with the police is different, because it starts as a hostile interaction, and the police should intuit that someone might be more likely to take that action in their case. However, this runs directly into the moral hazard that you are now legally privileging the judgment of someone who is at a minimum hostile, probably a lawbreaker and antisocial, over the conduct of someone who might be having a moment of road rage. This might make sense to people are see murderous hostility to the police as the default normal condition that requires no justification, but that's not an intuition that I share.

The police officer changed the outcomes from { arrest, gets away } to { arrest, someone dies }

I agree she chose badly but I still think it was stupid to turn this into a situation where someone might die.

Isn't the wisdom of this contingent on the probabilities?

Suppose we go from {arrest (50%), gets away (50%)} to {arrest (98%), someone dies (2%)}? Are you still confident this is "stupid?"

That said, I don't know what the actual matrix looks like, and it's plausible that the juice is not worth the squeeze, but I don't think you can evaluate whether a particular outcome change is stupid or not without at least considering it. From a game-theory point of view, it can completely change what game is being played.

I do not endorse this personally, but presumably if you started with the driver violating 18 USC 111, which is elevated to a felony through the use of violence, and could prove direct incitement by the protestors under 18 USC 2, that would theoretically get you there.

Just because they don't block your car doesn't mean you got away scot-free. They can follow you, block roads, use spike strips or PIT maneuvers to make you lose control in a way that's unlikely to be lethal, and so on.

If you just drive away fast, they won't be able to follow you or know where you went if they can't chase you. And obviously they can't PIT you without chasing you.

Even if (they let) you get away, they can use your license plate to find out where you live, and arrest you at home.

Just do what a lot of my city's residents do: don't have a license plate. If they try to stop you for not having a license plate, drive away really fast. Not having a license plate is not a serious crime, so they're not allowed to chase you.

Likely for obstruction

Those contrivances all rely on the police being able (or willing) to do something that is extraordinary. Standing in front of a stopped vehicle is not extraordinary. It is something that an ordinary non-police person is allowed to do, for brief periods of time. It seems unremarkable that what an ordinary person is legally entitled to do, police should be legally entitled to do as well. Whether it is a good idea? Highly contingent, which is why I think broad policies either prescribing or proscribing are unwise.

Sure, and I suppose I would be fine with a policy that officers may not randomly stand in front of vehicles and play chicken with them. But contingent on there being a lawful vehicle stop, I don't follow the logic that it is entrapment to raise the severity of fleeing the stop unlawfully.

Eventually, the people willing to die to attack a police officer standing in front of their car will all be dead and the problem solves itself.

I don't think there's a wide gap between "trivially easy" and "drive away really fast, oh and the police are not allowed to block you"

While the officer isn't exactly participating in a new crime, they do enable it pretty straightforwardly.

I don't understand why this logic wouldn't apply to any interaction between police and civilians. E.g., you can't participate in resisting arrest if you're not being arrested, therefore police should not arrest people. You can't participate in obstruction of justice if you aren't asked to provide your license and registration, so we shouldn't allow officers to require that either. This is the path of sovereign citizen madness.

I don't think police officers have a duty to retreat, in which case whether he could have moved or not is not really relevant.

But if you make it trivially easy to evade enforcement of non-capital crimes, it's unclear why anyone would do anything other than evade all the time.

That would depend largely on what Denmark had to say about it, I think.

If you're not looking a fool at least some of the time, you're not doing anything of consequence.

The app idea runs counter to the concept if "skin in the game." What would actually work is an organized paramilitary counterpart to Antifa, with actual ranks and unforms and hierarchical privilege, responsibility, and accountability. However the SA are still such a potent memetic vaccination it probably couldn't happen until some time after the last Boomers are gone.