TX - Sandra Bland, 28, found dead in jail cell, Waller County, 13 July 2015 #1

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SBM

Cigarette smoking is a constitutional right? I'm trying to figure out what part of the Constitution would cover that.

I know that the government bans formally legal substances when found to be dangerous. Why can't they do it with cigarette's?

JMO

Where I live, cigarettes are banned in all public places including restaurants and bars---even outdoor parks. Even E-cigs are against the law in all public places. Obviously it's not a constitutional right. (No one needs to tell me she was smoking in her car---the point of my post is to address the constitutional rights aspect)
 
  • #723
I'm honestly surprised, , I am not even sure I've seen a trash can in a jail cell, I have seen them give a tray thru the slot and return for it and the trash that's on it , The news fox 4 stated this morning that the med examiner says she was hung, here's CNN they say hanging too ? how do you strangle yourself ??? I'm not being a smarty pants I just really don't know how you would keep the pressure on until death without releasing????

and if it was not big enough to hang her why does it say she hung herself practically everywhere???

I just started following yesterday so I'm confused as well. I did read one article posted that said that the person who found her was vague and said they "thought" they saw a trash bag over the rod in her cell.
Did it go from there that she must have used the bag to commit suicide? IMO
 
  • #724
SBM

Cigarette smoking is a constitutional right? I'm trying to figure out what part of the Constitution would cover that.

I know that the government bans formally legal substances when found to be dangerous. Why can't they do it with cigarette's?

JMO

When they ban cigarettes, then police can rightfully require citizens to put out said cigarettes.

And while the constitution does not specifically address smoking, it is not against the law and IMO, would fall under the constitutional right to privacy. In this case, SB was smoking inside of her vehicle. Not in a public place.
 
  • #725
Originally Posted by bwt42 View Post
I think there are posters on this thread that give the police the benefit of the doubt until evidence changes their mind & there are those that attack the police on every thread they post on.

In the US you are guilty until proven innocent and the police are assumed to be telling the truth, until proven otherwise. I don't agree with that. I believe people are innocent until proven guilty, and the police are less believable, then an average citizen. That based on my personal observation.

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged. https://www.law.cornell.edu/wex/presumption_of_innocence
 
  • #726
Where I live, cigarettes are banned in all public places including restaurants and bars---even outdoor parks. Even E-cigs are against the law in all public places. Obviously it's not a constitutional right. (No one needs to tell me she was smoking in her car---the point of my post is to address the constitutional rights aspect)

Yes, but guns ARE specially protected under the constitution, yet there are still restrictions on where one can have a gun, and different types of permits.

As I said previously, IMO smoking in one's home, car or other place where it is not illegal would be an example of the fundamental right to privacy. The Fourth Amendment covers that.

Again, it is just my LAYPERSON'S opinion that cigarette smoking is an example of the types of things protected by the Fourth. IANAL.
 
  • #727
I just started following yesterday so I'm confused as well. I did read one article posted that said that the person who found her was vague and said they "thought" they saw a trash bag over the rod in her cell.
Did it go from there that she must have used the bag to commit suicide? IMO
The bag was fashioned into a rope of sorts. It was obviously tied around her neck, IF the picture I saw on Twitter was authentic.
 
  • #728
I have to say that I too was pulled over years ago. I was told that I didn't come to a complete stop at a four (4) way stop. I was two (2) blocks from my house so I went there. It was at the end of the day, about 6:00. The week before I was at kings dominion for the weekend with my daughter, she was about 6 years old at the time. With that being said I had changed out my purse for a fanny pack(snap around the waist pouch) and did not transfer over my registration for my car. As I was looking for my registration he saw my cigs and said to me that I shouldn't smoke because it would stunt my growth. I was 5'7" and he looked up at me, he was maybe 5'6". It took all I had not to say something. He would not allow me to go in my home (I was parked in front of it) to get the registration out of my purse. So I did not get a ticket for going through a stop, I got a ticket for not having my registration. I could have caused a scene about that and the fact that he scolded me for smoking but I let it go. And I paid the ticket, it wasn't worth missing work at the time. jmo All she had to do was put the cig out. jmo idk

And all he had to do was say... I'm sorry you're upset ma'am.Here is your warning ticket. Please be careful while driving, and you have a nice day.IMO
 
  • #729
I would GLADLY go through nicotine withdrawal and support a ban on cigarettes if that ban was in conjunction with a ban on firearms. Just think how "promoting the general welfare" THAT would be!!! I probably would have grudgingly put out the cigarette in Sandra's case, but I would also tell the officer that I will exit my car when he gets a female officer on scene. JMO
 
  • #730
Thanks Popsicle I missed this, I would have to say YES to suicidal tendencies. jmo

Actually, self-harming is not the same as suicidal ideation. Most people who are self-harming are not suicidal. They use the cutting/harming as a coping mechanism. Their overall risk of suicide may be higher, but the self-harm on its own is not intended as a suicide attempt.
 
  • #731
One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged. https://www.law.cornell.edu/wex/presumption_of_innocence

And yet, we keep reading that if SB would have just shut up, forfeited her right to speak freely, and complied with orders that the officer had no business giving, she would have been fine.

In essence, SB was guilty for refusing to be bullied. Where is her presumption of innocence?

IMO, it is BS that she physically assaulted that cop. He ordered her out of frame (how convenient) and all we hear is her begging and screaming and never once do you hear the cop utter an "ow! She kicked me!" or the like.

He just keeps screaming at her to get down, be still. He lied to cover his butt, like all the other blantant lies he told of which there is PROOF.
 
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Has an incident report on the stop and arrest been published? JMO
 
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H
On Twitter there's speculation that her mugshot was taken postmortem (or is at least a pic of her incapacitated) & she's on the floor
( respectfully snipped)
]

Lawrence Kobilinsky on CNN (news) examined the photo and pointed out no ligature marks on neck,bruising on neck, eye abnormality which would be signs of hanging...He did not think the photo postmortem.

JMO
 
  • #738
SBM

Cigarette smoking is a constitutional right? I'm trying to figure out what part of the Constitution would cover that.

Amendment IV

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
 
  • #739
Amendment IV

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

He wasn't trying to seize her cigarette. He just asked her to put it out.
 
  • #740
I would consider it a reasonable request to ask an agitated motorist to put out their cig. before I stuck in my hand to hand them a citation. JMO

She wasn't agitated when he requested she put out her cigarette. That came later when he reached in to try and yank her out of her car. IMO
 
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