OK SIR - I'm making stuff up?? I live in NH, do you??? Since he's protesting as he stated in his short film about the repressed cause of the lemonade stands he does need to fill out a right to protest under march-demonstration-picket, which is a City of Concord ordinance. It only took about 3 minutes to find on the city website and only cost $11.05 (www.ci.concord.nh.us/codeadmin/). Now if the lemonade man was just giving juice out without representing the repressed lemonade stands, he could be OK, But again there is a ordinance about food distribution.
But let me explain this to you very slowly, the LEO instead of causing more issue resolved it using his education, training and experience and within a few minutes all parties went on the way.
Since you hate laws, why don't you do something about it if you feel so negative? Become a LEO, get the training, learn the constitution and apply this to your life and to others? If not a LEO become a firefighter, paramedic help people or is that to beneath you. Try helping people instead of judging.
This is more like being pulled over and given a warning when you weren't doing anything illegal.
That's why we have a court system, that if you believe you didn't commit the crime, you can have your day in court. If you don't like this, get the hell out of Dodge, go live in China. Become dysfunction somewhere else. I truly believe in free speech, but make some sense when you speak and don't judge others as liars if you can't back it up with facts. You have no clue to who I am, what I do. So i don't know you, but I don't call you a liar. Sir - you are already sick, I didn't do that to you or anyone else. Maybe you need help, it sounds like it. No I do not see police doing stuff like that, at least not in NH and I don't follow the police around as you imply that you must do in order to make comments like that. SIR- you do need to see someone if you are following the police around, and a little "friendly advise". If I make you sick and I'm only exercising my rights under the "bill of rights", you must be someone above us all, only kidding your just someone who wants to only exercise your right to free speech, but no one else, right...
DO you honestly think if there was a crime or violation that the lemonade man wouldn't be arrested or given a summons which if you didn't know is in lew of an arrest?? No handcuffs, no trip in a cruiser, just appear at the court, easy to write up easy to give out. But maybe the LEO just wanted each person to leave each other alone without causing a scene. Did you ever think that causing a scene coulod cause more harm than good that if the LEO wrote a summons that there would be 20 lemonade men out the next day doing exactly the same thing. The LEO did the right thing and everyone made it out alive or as you woudl put it the threat level decreased. So you take th LEO as a threat. Have you ever been stopped for speeding? Most of us had sometime in our adult life been issued a warning, or I'm sorry a threat>>>> That if you don't slow down you are going to be written up. More than likely SIR, the lemonade man at least needed a permit to distribute on a public street, but the LEO didn't cause a fuss, stopping him and contacting code enforcement right then, there and now. The LEO did exactly what I would have done. Now maybe your mother treated you wrong by not giving you your daily honey on toast, and you honestly think it was a threat (to state to cause bodily harm, to threaten with injury) but the LEO warned the lemonade man. I will go one step further SIR, how about you or I look up the local code in Concord NH regarding distribution to the public and see if he did commit a violation. Maybe you need a have the last drink of lemonade from that day after keeping the lemonade out in the sun for hours and hours, see how you feel, maybe ok but maybe not. Did you see a cooler??? Did you see fresh lemonade??? Maybe the lemonade was from a year ago, want a drink now. That's what code enforcement is about, safety and the public, nothing more and nothing less, well with you a school crossing guard would be a threat to you. Just wanted this to be from me (CommonSenseParadox)
Thats what code enforcement is about, the public safety. Stilltasty.com states refrigerated 7-10 days. Code enforcement would have stated that you need to keep the lemonade refrigerated for the safety of the public. Again "common sense". So Ean would have to show that is is not endangering the public by complying with common sense and keep the lemonade cold. I wouldn't allow my children to drink it unless I thought it was safe.
You are right. I don't understand these others regarding the word surreptitious. First of all its in plain view to everyone there, if the president didn't want to be recorded its his right to not say anything or turn around and walk away. To say its unauthorized is a missuse of the word regarding this issue. If it were in his home or in a place where expectation of privicy is reasonable then the word "unauthorized" would be correct, but not in a public place. I could say to him your cell phone is unauthorized becuase it has the capacity to record, but then again it would be incorrect.
obtained, done, made, etc., by stealth; secret or unauthorized; clandestine: a surreptitious glance.
First of all SIR, A threat against a person is a little different, and come on the President..... tell you what, go ahead and threaten, let me know how it turns out. all it takes is someone like you to turn civil issue into a felony crime, good job we need more people like you to bring calm to the situation
Go to the City of Keene, NH... try to walk down a street and knock on doors to give out your mental thoughts, see how far you get before a police officer is telling you you cannot solicite without a permit. Churches to base ball teams pushing candy do this all the time, they get permits to push there thoughts and there candy, they don't have a issue getting a permit. Most cities have this solicitation statute on the books, look up your own town. How many yard sales can you have a year? Do you have a dog? Do you have a sign in front of your business?
I take "Live Free or Die" very seriously. Most laws are for the protecting of individuals rights and freedoms but there are boundries, they have to be. With that said, we have no income tax, we have no sales tax, we do have hefty property taxes and the small business is paying most of the states bills but I wouldn't want to live anywhere else unless NH could move to warmer weather during the winter (I HATE SNOW) but other than that we are very protective of "Live Free Or Die" Just ask the sailors on the SSN-New Hampshire SSN-78 they love "Live Free or Die" it a morale thing.
The sergeant who is talking with both parties has it well under control. Trust me they, we deal with this more than most people think from the 4:20 club to the free stater's. But it didn;t go any further than this, you do a FI report log it and move on. It does however assist police in dealing with issues like this as it has to do more with individual rights vs. black and white crimes and no (not race related).
Do I consider this a big deal in NH, my state no becuase both parties were able to move on. I'm not so sure in other parts of the U.S. which you would think you have the same rights throughout but I'm not blind I see differences in states they way the treat the people they serve.
At times we are there to educate as much as enforce. if there isn't probable cause then there can't be an arrest. believe it or not if a law enforcement officer believes a crime has been committed with "probable cause" he/she can make the arrest. Specifics of the case are for the arrest warrant/summons. if in good faith there wasn't a crime committed, you are released (this happens all the time in the US) It was reasonable to believe at the time that probable cause was met to make the arrest. A police officer does not need to be there to witness a crime if there is evidence a crime has been committed and there is probable cause for an arrest. you may or may not want to arrest that person right then and there, but conducting an investigation, obtaining witness statements will lead you the meet the "probable cause" to arrest the suspect. Mere suspicion is not enough to make an arrest
I'm pretty sure the PD told the president "I understand your frustration but there isn't really anything we can do, and don't confornt him as you can't do what you did. I will contact our code department to see if he needs a permit but for now he's not violating any laws."
It does appear to be NH from the PD uniform. Whether it's right or wrong for this individual to do what he did, unless he is disturbing the peace or causing a hazard he was in his rights. Now for a city rules, he may needed to get a permit to sell / give away a product and that's a simply for his right to do it and to have a record that he is doing it but since it was a onetime thing it could be similar to Halloween, do we all get permits to give candy away? regarding is location, the farmers market gets a permit to assemble, shut down a street, sell product but in no way does it give the farmers market to own the street. The farmers market is on public land and that's the risk that the farmers market must accept when on public land that they cannot choose whom can enter and who cannot. If they wanted protection then they should have rented private property, which would give them greater rights to manage the farmers market. Trying to remove the man/lemonade stand is assault and trying to take his property is theft since the property does have value. regarding the wiretap law, it's very clear about a reasonable aspect to privacy, a street, sidewalk, a public building there isn't any reasonable aspect to privacy. If you don't want to be recorded, it's your right to walk away or say nothing but the street is yours and mine to enjoy. At times its our right to exercise our right to freedoms, but you also have to understand that everyone else also has that right. That's why the police officer did what he did which was nothing. He may have used words like "I won't arrest you today", just meaning there was no probable cause for an arrest, that's it he didn't say I'm going to arrest you tomorrow he just stated not today. The President of the Farmers market needs to understand that using a public place to operate an event doesn't diminish a person's rights to come and go as one pleases, or speak or provide substance on public property. The president was lucky that the lemonade man didn't press charges, not saying the president would be found guilty but there was enough to summons him to court for his conduct. It's called being reasonable, he just should have walked away and left it alone. Rent private property next time if you want to police your farmers market. Lemonade man also needs to find out if he should have got a permit to distribute drinks, free or not. To distribute anything in cities usually requires a permit, even free stuff.
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