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The case was notable in part because the city of Southaven had previously argued that Lopez had no civil rights to violate because the Mexican man was living in the United States illegally and faced deportation orders and criminal charges for illegally possessing guns.

A judge rejected that argument in 2020, finding constitutional rights apply to “all persons.”

Because, you know, that’s what the Constitution says.

  • snooggums@kbin.social
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    1 year ago

    You would think that after all the mistakes that cops make which result in death and injury the public would stop giving them the benefit of the doubt.

  • krigo666@lemmy.world
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    1 year ago

    I’m European and even I know that the U.S. Constitution’s Bill of Rights applies to EVERYONE in U.S. territory, independently of being citizens or not.

    • Doug Holland@lemmy.worldOP
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      1 year ago

      If it didn’t, no-one overseas would even imagine a vacation to America, where they’d have no rights.

    • OberonSwanson
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      1 year ago

      It can’t be surprising most Americans have never read the Constitution, let alone it’s applying to everyone in the country, citizen or not.

      But, I’m American, where personal ignorance is something to be prideful of.

    • gravitas_deficiency
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      1 year ago

      In theory, yes.

      In practice: depends where the court is, who the judge is, who the DA is, who’s in the police department that arrested you, and - most importantly - the color of your skin. Also, sometimes, which imaginary friend you believe in, and which side you voted for in the last election.

  • Neuromancer@lemm.ee
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    1 year ago

    The officers were intending to serve a domestic violence warrant on a neighbor across the street, but got the addresses confused.

    Another one where the cops went to the wrong home and the person had a gun. They instantly blast the person instead of trying to defuse the situation when they were at the wrong place.

      • Neuromancer@lemm.ee
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        1 year ago

        That’s another crazy thing. The law says you can shoot to stop a threat. Yet you see mag dumps. Sorry that should be illegal in most cases.

        That’s insane.

        • Letstakealook@lemm.ee
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          1 year ago

          I’m a gun owner and I’ve gotten into quite a few disagreements with other gun owners over the mag dump issue. A few caveats, the people in talking about are generally right- wing and don’t know my political beliefs and I’ve generally had more actual training than they have.

          You see this behavior from cops all the time, but the legal reality for an armed citizen does not look favorable. You are responsible for every bullet that’s discharged from your firearm. If someone breaks into your home and you dump the mag (7-16 rounds for most pistols) the prosecution will highlight this fact and the jury likely won’t look favorably on that behavior.

          Beyond the legal implications, it is highly irresponsible behavior in a populated area. Regardless of training, firing in rapid succession decreases accuracy and increases the likelihood of not only missing your target, but striking an unintended individual. This demonstrates an individual who is not in control of their emotions, is reckless, and an unsafe gun owner.

          The fact that cops are permitted to do this is unacceptable and demonstrates that the cops who do this are completely unsuitable to the job.

          • Neuromancer@lemm.ee
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            1 year ago

            When I went through the academy we were trained to fire two shots. Evaluate the target and fire two more if there was still an active threat. If there was not a threat, we watched the person until medical aid arrived.

            Yet you see these shootings were they may dump. That isn’t stopping a threat. That’s murder.

        • Elliott@lemmy.world
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          1 year ago

          Laws are for you and I… Unless I’m a cop and then they’re just for you.

    • Letstakealook@lemm.ee
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      1 year ago

      They claim he had a gun. The evidence suggests otherwise. Not only was he shot in the back of the head from a distance of six feet, the gun on the scene was more than six feet away from the body and did not have his fingerprints or DNA on it. They executed this man’s dog and then him we fled for his life. Of course, there’s no video and they accept the cops word over the physical evidence, a benefit none of us would receive.

      • Neuromancer@lemm.ee
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        1 year ago

        Let’s pretend their story was true.

        They were at the wrong house. He wasn’t expecting them. He pointed a gun and was shot.

        The police point guns all the time. Their logic is pointing isn’t a threat. Yet they shot this man because he pointed.

        The rules should be the same.