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Thursday, April 16, 2009

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I just saw this on the net and posted about it on my blog.

The bottom line Rick, this man committed no crime. If you listen to the officers, they openly state that he is violating the "rules."

I am sorry, but we send people to time out for violating the rules. You can't arrest people for rules violations, campus or otherwise. You need statute to do that with and none was ever quoted or cited for this arrest.

The man complied with what was asked of of him and he was in a public place, not on private property and not obstructing anyone. USC is a public university and therefore, it is public and not private.

The problem I have? They handcuffed him and transported him to an entirely different area of campus. Where they then engaged in bargaining with him for his freedom.

I am more than reasonably sure? That in all fifty states of this country, that is called: "false arrest, (under color of law) unlawful detention and kidnapping."

Ziegler should sue the college and the campus police department and if he does, he will get a sizable settlement.

My first question after seeing this unfold? I wonder what they would have done to Michael Moore under similar circumstances?

The sticking point here would be the actual sidewalk on which Ziegler was standing. I do have some experience with this.

If the sidewalk was one adjacent to a "roadway" then Ziegler had ever right to be on the sidewalk, for that sidewalk is definitely public property. In that circumstance all they could have prevented him from doing was littering the area or actually "harassing" any passerby's. Just asking questions is not harassment as long as he was not obstructing their path if they didn't wish to talk to him, which he obviously wasn't doing.

If however, the sidewalk was a campus walkway and not adjacent to a roadway, then the campus security has the right to control movement on a campus sidewalk, esp since Ziegler was not a registered student of the campus and evidently was not registered with the campus as a journalist either.

It was difficult to tell from the video which kind of sidewalk he was on, did see a roadway in the area a couple of times.

If Ziegler was actually on a roadway sidewalk the security personnel certainly had the right to stay in the area to monitor his actions, but they would not have the right to harass him or challenge him.

He should have moved to the roadway sidewalk that appeared to be simply a few feet from where he was. Campus security should have pointed that out to him from the start of the altercation as he obviously didn't know that. That was their major mistake.

They should be reprimanded for not directing him to the legal location at the start.

He was wrong however to resist their efforts to move him to a different location if he was on a campus walkway.

Clear as mud? ;)

"USC a public university"?

USC is not a public university. It is private. Therefore, they CAN control access to their property. If the powers to be decide that they do not want a particular individual on their "private" campus, then that person is required by law to leave the premises. If he does not, then that person is trespassing.

This is no different then someone refusing to leave your home or even your front yard. That is your property... Once you ask them to leave and they refuse, then they are trespassing.

With all respect, this is in NO way a "false arrest, unlawful detention, or kidnapping." If this was a public arena, then I would agree with you.. But again, USC is a private institution.

If we wanted to go by the color of the law, then the officers could have charged him with with resisting as he was not complying with their orders. The officers showed restraint and excercised good discretion.

I believe the real question we have to ask is Why did the campus target this gentlemen to be escorted off of their property. I guarantee there are plenty of people walking around that campus that are not on official business. It seems to me that he just didn't fit the mold.

Lets not blame Campus Police. They follow orders from the Campus Administration. If the administration decides someone needs to be escorted off of the property, then they have to fufill that request as if a city resident wanted a local cop to escort a person off of their respective property.

By the way, the marks with the handcuffs happens to everyone. They are not made for comfort... When you twist and jerk while in cuffs, then that tends to irratate your skin even more. Human flesh dosen't get along with steel handcuffs. Try complying with the lawful order of the cops next time then the marks won't be as bad. If you disagree with it, then bring it to court. Don't resist. Just like Locustprime (who I love to read by the way).. sometimes we don't know the law as well as we think. Lets respect the officer's authority.. These guys are just trying to do their job and I'm sure they aren't exactly getting rich. Trust me on that.

As much as I am against the liberal media and the present administration. Mike R. is correct. As a Police Officer I agree with Mike R.

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