Man Gets Arrested For Drinking Arizona Half & Half Iced Tea

[fearthereaperx]

http://www.youtube.com/watch?v=nMlc0-LSMgA

[Todd]

Pathetic.


http://s9.thisnext.com/media/largest_dimension/FB1B7BEB.jpg

When I was a kid we always used these to drink our beer.

[tod evans]

I couldn't watch that, I tried though.

[edit]

I'd certainly read of this guys dilemma if somebody is willing to transcribe it..

[Todd]

on second look and research...I'm saying "fake".

[LibertyEagle]

Is this for real?

[ninepointfive]

looks real

[pcosmar]

on second look and research...I'm saying "fake".

Based on what?

Here is the second video,, as backup arrives.


http://www.youtube.com/watch?v=IXlnZbwfhXk&feature=youtu.be

[ninepointfive]

Guess the guy drinking tea handled it well in this backwards society, but the cop deserved anything less than respect if you know what I mean.


and imagine if this was a friday night, and spending all weekend locked in jail. or even just one night. that would suck. :mad:

[ctiger2]

It's Mike Vick! lol

[Earl Sweatshirt]

Do cops not have to show identification, if they are not in uniform, upon request?

[affa]

that was insane. worth watching. it picks up fast. i don't usually like lawsuits but i hope he gets his. cop was an ass, and all things considered i think those guys were extremely calm and respectful while maintaining their innocence in the face of extreme jackassery.

[jkr]

if you dont have anything to hide....aww fuGGit neva mind...

[pcosmar]

if you dont have anything to hide....aww fuGGit neva mind...

"If you're not doing anything wrong"

TOUGH

[KingNothing]

Looks real to me. Cops are dicks.

[angelatc]

One of the worst things about this is knowing that the police would be getting cheers on most of the Republican forums around.

If they thought there was alcohol in that can, they really screwed up by not picking it up. :)

[brushfire]

Pathetic.


http://s9.thisnext.com/media/largest_dimension/FB1B7BEB.jpg

When I was a kid we always used these to drink our beer.

Orange "CRASH" LOL - I remember those vinyl labels.

[cajuncocoa]

Maybe it's real, but I'm wondering why it was being recorded before the cop started bullying the tea drinker.

[Petar]

Was this guy working security at that store, or did he actually have no right (for shitty shitty reasons) to tell him to leave the property?

[JK/SEA]

Maybe it's real, but I'm wondering why it was being recorded before the cop started bullying the tea drinker.

Baiting. It worked. Reel that cop in. At the very least, this cop is famous now...lol...

[KingNothing]

Maybe it's real, but I'm wondering why it was being recorded before the cop started bullying the tea drinker.

In one of the clips they say they were getting ready to film a video of some sort.

[pcosmar]

Maybe it's real, but I'm wondering why it was being recorded before the cop started bullying the tea drinker.

They do videos,, mostly Rap. Or perhaps they had met this asshole before,, and just wanted it on tape.

[Thor]

So just because some says "I am a cop" without any uniform or identification, you are supposed to comply? I call BS on that. He probably was a "rent a cop"

[ravedown]

the camera guy is right...that 'cop' has to identify himself or else he's just a citizen assaulting a customer. a lawyer will definitely 'eat that shit up'. if the cop was private security-he needed to identify himself as such. looks real to me-or maybe this has happened before and the camera guy and tea drinker came back to get this on video. that'd be my guess...these dudes knew the security at this liquor store was harassing folks so they charged up the camera and went back for proof.

[fr33]

One of the worst things about this is knowing that the police would be getting cheers on most of the Republican forums around.

If they thought there was alcohol in that can, they really screwed up by not picking it up. :)

Yeah I see alot of them on twitter cheering about how the cops pepper sprayed may day protestors in Seattle.

[cajuncocoa]

In one of the clips they say they were getting ready to film a video of some sort.


They do videos,, mostly Rap. Or perhaps they had met this asshole before,, and just wanted it on tape.Ah, OK....thanks.

[brandon]

I don't think that guy was a cop. Private security for the store most likely.

[2young2vote]

I don't think that guy was a cop. Private security for the store most likely.

Wouldn't surprise, but he was still wrong. I went to an Olive Garden in the detroit area. It was just a normal sized store with a normal (medium) sized parking lot. They actually had a security guard driving around that parking lot for hours and hours. Only took him maybe 30 seconds to drive around the building, so it wouldn't surprise me if this place had a similar set up.

[pcosmar]

I don't think that guy was a cop. Private security for the store most likely.

Very often,, that "private security" is a cop,, collecting a second paycheck.

Nothing wrong with 2 jobs,, but using the State Backed Force for personal gain is ethically questionable.

[PSYOP]

Fake.

[pcosmar]

Fake.

Interesting, Based on what?

original upload,
http://www.youtube.com/watch?v=pbzUH90Sm0E


Published on Apr 29, 2013

Xstrav and Tino Brown at the ABC Liquor store located in Fayeteville North Carolina waiting for Money Mal to come so that they could purchase some liquor. Suddenly an undercover cop approaches the both of them and demands to see what Xstrav is drinking. X shows him that its an Arizona Half And Half Ice Tea, the undercover demands that he hands it over so that he can read the ingredients. Once Xstrav denies handing over his can the cop tells him to leave the property for trespassing. Out of nowhere an actual drunken stranger walks up starts giving shout outs and smelling like liquor...OBVIOUSLY drunk and he is just ignored and walks away without incident. Then the cop tells X to put his hands behind his back so X gets arrested for trespassing. This is just a classic case of a cop taking advantage of his power and arresting a another black man for not doing things the way HE wanted him to do them. X was asked to show him what is in the can...After showing the cop that it was an Arizona Tea, that should've been it but because he didn't put it in the cops hand, the cop was upset and decided to put any charge on him....Share and thanks for watching...2nd video which shows the actual cop car showing up and arresting him http://www.youtube.com/watch?v=IXlnZb...


His video page (other videos)
http://www.youtube.com/user/cutnpasteproduct/videos

[TheGrinch]

Arnie disapproves

http://coacheshotseat.com/coacheshotseatblog/wp-content/uploads/2012/04/ArnoldPalmer2-406x530.jpg

[Brian4Liberty]

Was this guy working security at that store, or did he actually have no right (for shitty shitty reasons) to tell him to leave the property?

Good question. He had a visible badge on his belt. As others have said, Police often work as private security. The interesting question here would be, can the property owners delegate decisions on who is trespassing to private security, or the Police? The guy was arrested for trespassing, as determined by this cop. Can he make that decision?


Baiting. It worked. Reel that cop in. At the very least, this cop is famous now...lol...

Yeah, it appeared to be a bait situation. The owners have probably had trouble with loitering and drinking there. That usually results in private security being hired or Police being called. So these guys wanted to be completely innocent and see what they could get on camera.

In the end, they got a "contempt of cop" incident on video. As far as loitering on private property, we don't know the whole story. Had they been there only from the start of the recording, or had they been there for an hour? Had anyone asked them to leave before, such as a store manager?

[angelatc]

Was this guy working security at that store, or did he actually have no right (for shitty shitty reasons) to tell him to leave the property?


I don't know the laws in Fayetteville. (Actually, I don't know the laws anywhere - DH does. He's a retail guy.)

But in the states he is familiar with, the police can't arrest you for trespassing unless the owner or manager makes the complaint. The police serve as the witness, but the request to leave has to come from management.

[Warrior_of_Freedom]

sorry the dude was totally provoking the incident, why else would the camera be on

[angelatc]

sorry the dude was totally provoking the incident, why else would the camera be on


LIke that matters....

[Barrex]

Pathetic.


http://s9.thisnext.com/media/largest_dimension/FB1B7BEB.jpg

When I was a kid we always used these to drink our beer.

We just drink it.

We got same laws but police simply doesnt enforce them because even they know that those laws are retarded.

[Todd]

Based on what?

Here is the second video,, as backup arrives.


http://www.youtube.com/watch?v=IXlnZbwfhXk&feature=youtu.be

based on a website that suggests he was doing a promotional stunt. Until someone has evidence to the contrary, I'm leaning towards fake. You lean towards real. You're choice.
If it turns out to be real, I will admit so.

http://www.informationliberation.com/

[Todd]

We just drink it.

We got same laws but police simply doesnt enforce them because even they know that those laws are retarded.

I was underage.

[Barrex]

I was underage.

So were we and were we and were we and were we..... No big deal. If you dont insult cops they will pretend they dont see you. Be smart ass and you get fined. Be wasted so much that you cant walk. They will ask your ID and if you can mumble "friends are coming to get me" they will respond I will be back in 5 minutes you better dont be here"... I wasnt arrested of fined ever... some of my friends.... he he he....One was arrested because of drinking related "thingy" (rest of us run away) and when his father came to pick him up in police station he was sooooo scared and petrified because he didnt know what will his father do... and after few seconds of staring, that were scariest moments in his life, his father pointed his both hands on him and screamed "WHY DIDNT YOU RUN"... THE END.

[PaulConventionWV]

Interesting, Based on what?

original upload,
http://www.youtube.com/watch?v=pbzUH90Sm0E


His video page (other videos)
http://www.youtube.com/user/cutnpasteproduct/videos

Who published that? Because to me it seemed like the guy who walked up to the camer and started giving shout outs knew those guys and wasn't some random drunken stranger. That's the impression I got, anyway.

[angelatc]

based on a website that suggests he was doing a promotional stunt. Until someone has evidence to the contrary, I'm leaning towards fake. You lean towards real. You're choice.
If it turns out to be real, I will admit so.

http://www.informationliberation.com/


I'm confused. The site you linked to says it is not fake.

[pcosmar]

I'm confused. The site you linked to says it is not fake.

It is not fake.
http://www.policymic.com/articles/39293/north-carolina-rapper-busted-for-possession-of-an-arizona-iced-tea


Everything about the incident is bizarre: the undercover cop's total failure to properly identify himself as a member of the police force, that Beatty was arrested despite (as the footage demonstrates) trying to calmly reason with the cop, and most of all, that the rapper does not appear to have done anything wrong. Indeed, as soon as the footage was released, concerns arose that the whole incident was a strange publicity stunt. In response, more footage was released, showing Beatty's arrest, and the North Carolina state court website corroborates the story. Beatty is being charged with two misdemeanors: second degree trespass and resisting a public officer, and his court date is set for June 6.

Some more links ya say,,

http://www.opposingviews.com/i/society/crime/rapper-xstrav-arrested-drinking-iced-tea-parking-lot-video
http://www.liveleak.com/view?i=8b3_1367472082
http://gawker.com/cop-arrests-rapper-for-refusing-to-hand-over-his-arizon-487178944

The guy has an arrest and a court date,, and that is not fake.

[ninepointfive]

resisting a police officer? they guy barely even identifies himself.

anyone can wear a silly little badge on their belt

[Yieu]

Resisting a public officer? All I saw was loads of compliance from the victim who had the tea.

[AGRP]

There's really nothing wrong about this according to alcohol laws, but apparently most people are okay with them. If an officer wants to check your beverage, then you better hand it over.

[Yieu]

There's really nothing wrong about this according to alcohol laws, but apparently most people are okay with them. If an officer wants to check your beverage, then you better hand it over.

Alcohol laws allow you to get arrested for drinking iced tea in public?

[pcosmar]

Alcohol laws allow you to get arrested for drinking iced tea in public?
Open Container laws do.

there is no end to this stupidity. :(

[AGRP]

Alcohol laws allow you to get arrested for drinking iced tea in public?

How do you know that was actually iced tea? He refused to surrender his beverage for inspection which probably falls under non-compliance.

[fr33]

So were we and were we and were we and were we..... No big deal. If you dont insult cops they will pretend they dont see you. Be smart ass and you get fined. Be wasted so much that you cant walk. They will ask your ID and if you can mumble "friends are coming to get me" they will respond I will be back in 5 minutes you better dont be here"...
You foreigners and your freedoms....

I've never seen police tactics like that before. The thugs here make us paranoid to drink water.

[pcosmar]

He refused to surrender his beverage for inspection which probably falls under non-compliance.

So does not letting him fuck your wife.. What is your point?

[Yieu]

How do you know that was actually iced tea? He refused to surrender his beverage for inspection which probably falls under non-compliance.

He showed the drink plenty, and the cop didn't appear to be too concerned with the contents of the can, having left it at the scene of the arrest.

This is just a childish power play. The cop wanted to have the can surrendered to him, an act of submission.

This was not about having an open can of iced tea at all. It was about not symbolically telling the cop that the cop is superior to himself by surrendering the can in an act of submission. Kids get upset over things like that, when they ask to see something and someone shows it to them without handing it to them.

[AGRP]

Open Container laws do.

there is no end to this stupidity. :(

Open container and he was about to drive away. The officer probably saved at least one life that day.

[AGRP]

He showed the drink plenty, and the cop didn't appear to be too concerned with the contents of the can, having left it at the scene of the arrest.

He was concerned enough to request the container and the man didnt comply. I didnt write the laws.

[Yieu]

He was concerned enough to request the container and the man didnt comply. I didnt write the laws.

I think you missed the rest of my post. And he left the can at the scene, clearly unconcerned.

[Keith and stuff]

resisting a police officer? they guy barely even identifies himself.

anyone can wear a silly little badge on their belt
Maybe he did and it wasn't captured on camera. I'd think a cop would be allowed to smell a drink to see if it smells like an alcoholic drink. We don't know all of the facts. As the video was presented, this is outrageous, though. Since, from the video, there might be no proof (he didn't apear to send the can to the drug lab to test it), this seems crazy.

I don't know how the law works if he was an off duty cop hired by the private company and ordered by the private company to order the man off the property. It seems interesting. Did he not identify himself because he was off duty?

[Yieu]

I'd think a cop would be allowed to smell a drink to see if it smells like an alcoholic drink.

Sure, I would chose to allow a cop to smell a drink if asked politely, while I hold it.

[Weston White]

(I will probably need to revise this later, these are thoughts I have at the moment. Tyranny such as this really gets my goat boiling! I will file this under my present hypothesis of Self-Enforced Incident Escalation (SEIE))

I feel this to be a vast concern with LEO’ being authorized to ‘contract policing’ with private businesses in exchange for tons of extra cash (basically an easy second job for police officers for great pay). The concerns that I have include: (1) the LEO is off duty and no longer serving within his or her official capacity as a bonded government employee, but yet the private business is granted means of de facto governmental status while the LEO is working there—pseudo-corporatizing of public law enforcement; (2) it places the LEO in a conflicting situation of serving the best interests of two entities, (A) the local government and (B) the private business that has contracted with them; (3) this it can tend to result unfairness or confusion to customers when confronted by the LEO who the customer is likely to stereotype as just a powerless security guard; (4) contract policing can tent to result in creating unfair business advantages to competing businesses that cannot afford to staff LEO or perhaps even on-site security guards—as the businesses that are able to incur such expenses will have less troublemakers hanging around, consequently causing those troublemakers to move onto businesses where they are less likely to harassed by LEO or security guards; and (5) LEO’ are being permitted to misuse their authority and position as trusted members of law enforcement to additionally profit outside of their primary occupation and purpose.

That officer should be terminated from his position. He was unprofessional, rude, and abusive to his position as a sworn employee of his local governmental. It should be blatantly obvious to anyone with even the most basic faculty skills to reason that when you confront a stranger in a hostel fashion, assailing them with hinted allegations and insults, and commanding compliance that has yet to be justified, they are going to be gravely concerned with what your underlying intentions or motivations actually are, they are going to be caught off guard, disoriented, and confused—such is a natural human reaction to another’s malice.

Mistakes I observed by that Mr. Man are that:

Although (presumably) working in a contract policing capacity he was acting as if he were an ‘on-duty’ uniformed officer conducting a traffic stop.
He signaled out this one individual out, meanwhile there were at least six other individuals that met that officer’s definition of ‘trespassing’, although he willfully paid none of them any worry at all.
He failed to treat them all as a group, kindly and instead focused on one individual, aggressively.
He failed to properly identify himself as an LEO, including his agency, name, title, and badge number (he had merely flashed a badge that was only partially visible on his hip).
He failed to state what he was doing on private property and what his authority or purpose for being there was, e.g., working store security, vice detective, etc.
He failed to explain his intentions to the arrestee—instead he talked down to him, treating him as he were speaking to his six-year old son.
He failed to reasonably and clearly explain why he was confronting the arrestee and what his intentions were.
He failed to provide the arrestee a reasonable frame of time to arrange to leave from the premise after stating to him, his ultimatum.
He made an unwarranted arrest, and moreover he made the arrest himself, when instead he should have put in a call for service to his agency, providing them a full description and the details for a on-duty officer to respond and handle. I am willing to bet that man violated a handful of his interdepartmental policies concerning prohibited off-duty conduct, including while contract policing (not that he is likely familiar with them to begin with).
That man was not ‘trespassing’, at most he was ‘loitering’ (yet bearing in mind that it appears in the video that he had just pulled into a parking slot just minutes before being approached by our friend, Mr. Man). However; that so-called “officer” (although having instructed him three-times or whatever, as he so frequently emphasized to the camera man), neglected to address the arrestee’s reasonable concerns, ignored his reasonable questioning; and that he blatantly acted in an unreasonable fashion, never bothering to explain how the actions of arrestee had met the legal criteria for him to take an enforcement action against him or to even begin field interrogating him or to otherwise conduct a seizure and search of his personal property (i.e., the can of Arizona Iced Tea—being that the LEO had established no probative cause to associate his brief contact with a DUI/DWI or public intoxication incident or to “investigate” or treat it as such, all he had was a black male that appeared to be completely alert and coherent, holding a large can of tea, having just gotten out of his fancy whip (vehicle) parked on private property).

Merely for the fact of an LEO’ personal curiosity, it is unreasonable to surrender one’s property for inspection when it is clear that no wrong has yet to of been provably shown or committed (save for allowing a peace officer to inspect one’s firearm when carrying in public, etc.) It is not at all appropriate to permit an officer to manhandle one’s food and beverage (I would even argue in doing so the officer is themselves committing a health code violation); this is just not at all hygienic (I personally do not wish to consume a stranger’s snot, saliva, or facial hairs). So then what is going to be next on the list? Succumbing to an officer’s demand to open and sift through one’s burrito to ensure that it does not contain any hidden cannabis?

Generally, the elements of ‘trespass’ require that the continued presence of the individual upon a given premises would likely result or will cause injury or endangerment to the public or the premise (e.g., willfully causing or being disrupting, harassing, interfering, obstructing). Moreover, the act of trespassing in and of itself and as an arrestable offence, mostly applies primary to public buildings, office, structures, or properties of the government and not to private properties.

The arrestee did not resist his unlawful arrest whatsoever—that is a completely bogus charge that resulted in his department sending over a backup officer code-three (with lights and sirens, driving at high-speed and bypassing red-lights) which endangered the public’s safety in the process.

That LEO should have instead politely informed him and his group that unless they are there to make a purchase from the business they have two-minutes to clear out of the parking lot, which is intended for use by the store’s customers only and not an area to congregate; that if they fail to leave after those two-minutes are up, he is going to be compelled to collect their information and place a call to the local police to send a patrol unit over and charge them with loitering, run background checks (wants and warrants) on each of them, which is going to cause a big inconvenience for all, so it is really not work defying his polite request. And then thanked them and asked them to please enjoy the rest of their evening.

[kcchiefs6465]

Sure, I would chose to allow a cop to smell a drink if asked politely, while I hold it.
I would tell the cop to fuck off and mind their own damn business.

That is a reasonable reaction. Who in their right mind thinks they have the authority to smell someone's drink?

[speciallyblend]

you tube sniffer?

[Yieu]

I would tell the cop to fuck off and mind their own damn business.

That is a reasonable reaction. Who in their right mind thinks they have the authority to smell someone's drink?

You make very good points. Denying capitulation to anyone at all would also be my first reaction. I might only rethink it while still maintaining control of the situation without putting myself on a lower level than them only to prevent unprovoked violence against my person, which might come anyway due to said drink remaining in my possession.

But it is true that it is entirely unreasonable and a very strange thing to even do that much. In fact, I would be within my rights as recognized by the presiding government's founding documents to not show anything, and not respond, so that would be an entirely reasonable reaction.

[Todd]

I'm confused. The site you linked to says it is not fake.

It was referring to the reddit thread conversation that pointed to him being a rapper pulling a publicity stunt. The conclusion of the article stating it was "true" had no more "facts" than the "thread". Like I said, if it is indeed true I will say so thanks to Pcosmar's post. Apparently North Carolina Courts are confirming it is, so I retract my statement.

http://www.policymic.com/articles/39293/north-carolina-rapper-busted-for-possession-of-an-arizona-iced-tea

[V3n]

The police aggressor definitely acted badly, but it does bother me that contents of the can were not independently verified to not contain alcohol. I know what the label says, but he really could have put anything in that can.

[ItsTime]

So the cop thought it was booze... then told him to get in his car and leave... hahahahahahahahaha

[pcosmar]

So the cop thought it was booze... then told him to get in his car and leave... hahahahahahahahaha

Mistake,, assuming the cop thought.

[kcchiefs6465]

The police aggressor definitely acted badly, but it does bother me that contents of the can were not independently verified to not contain alcohol. I know what the label says, but he really could have put anything in that can.
And as a fully grown adult, that be his right.

What was the basis of suspicion to assume it contained alcohol? Though truthfully, Idgaf if there was a reasonable suspicion of it being alcoholic, he still has no right to check and definitely has no right to accost the man.

[tod evans]

I know what the label says, but he really could have put anything in that can.

This can easily be twisted into "He really could have put anything in that house/car/barn"...

Inspection past face value used to require a warrant....

[angelatc]

This can easily be twisted into "He really could have put anything in that house/car/barn"...

Inspection past face value used to require a warrant....


And a warrant required probable cause. Meaning that "because I want to" wasn't enough of a reason.

At the beginning of the video I thought he was probably drinking a mixed drink, but if the cop truly thought he was, he would have made sure to grab the can.

[AGRP]

The police aggressor definitely acted badly, but it does bother me that contents of the can were not independently verified to not contain alcohol. I know what the label says, but he really could have put anything in that can.

Theres no bad acting. Its the law. People with magic uniforms could spend as much time as they want ordering people to surrender drinks if they wanted. Is that water youre drinking or is it vodka? Is that coffee or an irish liquor?


And a warrant required probable cause. Meaning that "because I want to" wasn't enough of a reason.

At the beginning of the video I thought he was probably drinking a mixed drink, but if the cop truly thought he was, he would have made sure to grab the can.

Probable cause? Could we all probably fall out of our chairs at the same time? Sure if theres a massive earthquake, but its unlikely. Did you see the suspect act belligerent? He stumbled a bit. He also refused to comply.

[newbitech]

How do you know that was actually iced tea? He refused to surrender his beverage for inspection which probably falls under non-compliance.


If you sneeze on a cop, assault on a leo, as they run off to get aids test. No one is touching my drink regardless of whats inside. I don't want your disease on a container that is touching my mouth. Where was the cops rubber gloves here? Its just hypocrisy at the very least, blatant violation of the man's civil rights more than likely. He ought to sue the store owner that commissioned the cop while he's at it, since his safety was endangered due to the store owners negligence.

[angelatc]

Theres no bad acting. Its the law. People with magic uniforms could spend as much time as they want ordering people to surrender drinks if they wanted. Is that water youre drinking or is it vodka? Is that coffee or an irish liquor?


TSA can do it, so no reason to think the local cops aren't next.

[angelatc]

How do you know that was actually iced tea? He refused to surrender his beverage for inspection which probably falls under non-compliance.


There's no law saying you have to comply with an illegal order.

[tod evans]

And a warrant required probable cause. Meaning that "because I want to" wasn't enough of a reason.



Terrorists, Druggies...:eek:

Kops keeping all of us "safe".

Boogity-boogity...

[angelatc]

Terrorists, Druggies...:eek:

Kops keeping all of us "safe".

Boogity-boogity...


Why, of course we're innocent until proven guilty. They're just trying to help us prove our innocence!

[kcchiefs6465]

And a warrant required probable cause. Meaning that "because I want to" wasn't enough of a reason.
This.

There is no reasonable suspicion to check someone's can. And what would smelling it prove? How is a cop's word that it smelled alcoholic proof of anything?

How much more degrading can it get that as a grown adult, someone wants to smell your drink... or even claims the authority to do so. On principle, no one is smelling my drink.

[pcosmar]

TSA can do it, so no reason to think the local cops aren't next.

and that,,,^^

is exactly why we are where we are today. :(

[AGRP]

There's no law saying you have to comply with an illegal order.

Open container laws are legal.

[affa]

sorry the dude was totally provoking the incident, why else would the camera be on

so you'd only believe the tape if it started 5 minutes in? At which point, you could then say 'but we don't know what happened to START this, he coulda been yelling at the cop'....

c'mon.

the guy was freestyling at the beginning, and this is 2013. having a tape rolling isn't surprising, and certainly not an indication of guilt.

[pcosmar]

Open container laws are legal.

So was prohibition.

Doesn't make it any less stupid.

[affa]

Open container and he was about to drive away. The officer probably saved at least one life that day.

you're kidding, right? seriously? you're not only constantly defending that dick of a cop, but now you're giving him medals for 'saving lives'? the guy being filmed appeared quite sober to me. fair, logical, and sane in a crazy situation (unlike the cop, who was clearly overly aggressive).

and re: whoever talked about the guy walking in the background... drunks often act like everyone's best friend. that's not indicative of anything. i've seen guys come up and try to give everyone hugs before.

[Yieu]

Did you see the suspect act belligerent?

No.


He also refused to comply.

I saw utter compliance beyond what is necessary according to the Constitution..

[V3n]

This can easily be twisted into "He really could have put anything in that house/car/barn"...

Inspection past face value used to require a warrant....


Open container laws are legal.


So was prohibition.

Doesn't make it any less stupid.

Stupid laws; however legal. He was on public property voluntarily, therefore voluntarily subjecting himself to stupid laws. If he stays in his home or barn, then definitely the cop would need a warrant. But he willfully drove to a public place.

I also called the cop an "aggressor" and disapproved of his behavior. I'm on the side of the guy who got arrested (and he didn't even get arrested for "open container") - I'm just saying I could get more behind him and more on-his-side if I knew for a fact it was just tea in there.. that's all I'm saying.

[AGRP]

So was prohibition.

Doesn't make it any less stupid.

Europeans are literally frightened when they visit the land of the free. A lot of them can openly drink what they want without being interrogated, kidnapped, and locked in a cage. Germany, for example: https://en.wikipedia.org/wiki/Alcohol_laws_in_Germany

[Yieu]

This.

There is no reasonable suspicion to check someone's can. And what would smelling it prove? How is a cop's word that it smelled alcoholic proof of anything?

How much more degrading can it get that as a grown adult, someone wants to smell your drink... or even claims the authority to do so. On principle, no one is smelling my drink.

You're right. No other human being has any sort of authority over me, and it is insulting for others to believe they do.

[Weston White]

The police aggressor definitely acted badly, but it does bother me that contents of the can were not independently verified to not contain alcohol. I know what the label says, but he really could have put anything in that can.

It would be one thing if, for example, the LEO had stated to him that he was informed by a passerby that they had witnessed him pouring a glass bottle that appeared to possibly be a fifth of Vodka into your can of tea from the trunk of his vehicle, or the man was drinking from a paper bag, was seek putting a silver flask into his backpocket, etc. But none of that was the case at all. Ergo, it is not for that man to prove his innocence of a criminal act to the LEO, it is for the LEO to establish the probable cause of a criminal act in effect to assume custodial custody or lawful control over that man or his property.

But everything about that incident involving the can of tea is moot because the LEO had changed the point and purpose of his contact with the man from being about the can of tea, to being about him trespassing, by refusing to get into his vehicle and leave. So regardless, at that point the LEO had made it clear that this contact was not really so much about consuming alcohol in public, which turned out to a mistaken presumption (stereotyping or 'profiling') on his part. He had errored and rather than owning up to his mistake, he inflamed the situation into what is actually a civil crime (including a municipal code violation) and then made a false arrest. He overstepped his bounds and should be disciplined for having done so.

[ninepointfive]

Just heard this tea drinker guy is going to be on alex jones show in the next segment. The show is currently live.

www.infowars.com

[Weston White]

Europeans are literally frightened when they visit the land of the free. A lot of them can openly drink what they want without being interrogated, kidnapped, and locked in a cage. Germany, for example: https://en.wikipedia.org/wiki/Alcohol_laws_in_Germany

In Japan you can purchase a nice cold one from an outside vending machine, which are located virtually everywhere—that is until around 1-2 a.m., at which time the vending machine locks or goes offline.


http://farm6.static.flickr.com/5143/5570092908_785e4bbea3.jpg

[AGRP]

In Japan you can purchase a nice cold one from an outside vending machine, which are located virtually everywhere—that is until around 1-2 a.m., at which time the vending machine locks or goes offline.


http://farm6.static.flickr.com/5143/5570092908_785e4bbea3.jpg

A kodak moment. A sheep has ventured off the farm and it likes what it sees! Its probably shocked the world doesn't implode with such freedoms.

[angelatc]

A kodak moment. A sheep has ventured off the farm and it likes what it sees! Its probably shocked the world doesn't implode with such freedoms.


Sadly, he probably views it as anachronistic at best.

[AGRP]

Sadly, he probably views it as anachronistic at best.

Is that a cigarette machine next to it? What has the world come to? The humanity of it all. We must somehow convince the farm that Japan has no such freedoms or they are likely to leave the farm or want them here.

[PaulConventionWV]

In Japan you can purchase a nice cold one from an outside vending machine, which are located virtually everywhere—that is until around 1-2 a.m., at which time the vending machine locks or goes offline.


http://farm6.static.flickr.com/5143/5570092908_785e4bbea3.jpg

Japan seems full of innovation these days. Kudos to them. Their people are tough, too. Some of the toughest marathon runners I've ever seen.

[PaulConventionWV]

Stupid laws; however legal. He was on public property voluntarily, therefore voluntarily subjecting himself to stupid laws. If he stays in his home or barn, then definitely the cop would need a warrant. But he willfully drove to a public place.

I also called the cop an "aggressor" and disapproved of his behavior. I'm on the side of the guy who got arrested (and he didn't even get arrested for "open container") - I'm just saying I could get more behind him and more on-his-side if I knew for a fact it was just tea in there.. that's all I'm saying.

Why would you need to know that in order to be "more on his side"? That information means nothing to you or me, so let the man be don't force him to hand over his tea.

[pcosmar]

The right of the people to be secure in their persons, houses, papers, and effects(drinks), against unreasonable searches and seizures, shall not be violated,

The man was in fact, violated.

[angelatc]

Stupid laws; however legal. He was on public property voluntarily, therefore voluntarily subjecting himself to stupid laws. If he stays in his home or barn, then definitely the cop would need a warrant. But he willfully drove to a public place.

I also called the cop an "aggressor" and disapproved of his behavior. I'm on the side of the guy who got arrested (and he didn't even get arrested for "open container") - I'm just saying I could get more behind him and more on-his-side if I knew for a fact it was just tea in there.. that's all I'm saying.


You're probably going to get heat, but I sort of get it, I think. I 100% agree with him in principle, and I really don't care if he was sipping a fine 50 year old Scotch whiskey out of an iced tea bottle.

But - if he had alcohol in the can, and that came out, it would take away credibility away from the people defending him. Not here, but in the real world, where people are wide-eyed at the possibility of the thought that someone would break a law.

The same people who still believe that if you're not doing anything wrong, you have nothing to worry about.

[Weston White]

On Alex Jones now, apparently the LEO is not an 'officer' he is an ABC agent, called the Alcohol Law Enforcement (ALE). And in NC the state runs all liquor stores under the law of the state.

https://www.ncdps.gov/index2.cfm?a=000003,000005

[pcosmar]

On Alex Jones now, apparently the LEO is not an 'officer' he is an ABC agent, called the Alcohol Law Enforcement (ALE). And in NC the state runs all liquor stores under the law of the state.

https://www.ncdps.gov/index2.cfm?a=000003,000005

And that has what to do with drinking tea???

or the 4th amendment (posted above)?

[Weston White]

The cameraman is Tino Brown at: https://twitter.com/tinobrown315 (He is asking to please show support for the upcoming trial for two-counts, trespassing and resisting arrest.)

The arrestee is a veteran, now a rapper known as Xstravagant at: https://twitter.com/Xstravagant

* Xstravagant is now working on releasing a song pertaining to his Arizona Iced Tea arrest.

[AGRP]

On Alex Jones now, apparently the LEO is not an 'officer' he is an ABC agent, called the Alcohol Law Enforcement (ALE).

Seems like I was very accurate with my previous posts. There really are people running around checking everyone's drinks.

[randpaul2016]

omg

[enjerth]

Open container and he was about to drive away. The officer probably saved at least one life that day.

Or he didn't, because instead of actually looking into drunks, he was looking into a fine Arizona Iced Tea.

[Brian4Liberty]

Europeans are literally frightened when they visit the land of the free. A lot of them can openly drink what they want without being interrogated, kidnapped, and locked in a cage. Germany, for example: https://en.wikipedia.org/wiki/Alcohol_laws_in_Germany

I know Germans in the US who were shocked by US laws. "What, I can't drink a beer if I'm a passenger? But I'm not driving! That's just stupid!"

[PaulConventionWV]

Seems like I was very accurate with my previous posts. There really are people running around checking everyone's drinks.

Hey kid! Let me smell yo' drink!

How demeaning. Screw those guys.

[bolil]

The cameraman is Tino Brown at: https://twitter.com/tinobrown315 (He is asking to please show support for the upcoming trial for two-counts, trespassing and resisting arrest.)

The arrestee is a veteran, now a rapper known as Xstravagant at: https://twitter.com/Xstravagant

* Xstravagant is now working on releasing a song pertaining to his Arizona Iced Tea arrest.

I hope that song becomes a smash through the roof hit, and that the mustached pig hears it on every patrol for a year, since it can be assumed his actions will be seen as appropriate in ensuring officer saftey.

[kcchiefs6465]

Hey kid! Let me smell yo' drink!

How demeaning. Screw those guys.
Boy, don't you go questioning those with authority. Even if it were just tea, the sugar content is much too high for your classless body to consume. Leave it to us educated folk to decide what you ought be drinking. And don't you dare sass us now.

It's a shame people don't see the implications here. I don't care if I'm drinking Juicy Juice from a straw, no one is smelling my drink willfully. Went from the Boston Tea Party to "Can I check your asshole, sir?" in a matter of a couple hundred years. Mainly, the last fifty to a hundred years.

[Wooden Indian]

The residents of that county should be lined up... pictch forks in hand... raising hell. Remember when the blacks in America stood strong for their rights? What the hell happened?

They demanded equal rights from the government... and they got it. Now, everyone seems so content to sit around and watch those rights be stripped away. It's baffling what difference one generation can make.

[tod evans]

It's baffling what difference one generation can make.

More than one...

My generation (boomers) must have a large portion of the blame laid at our feet.

[AngryCanadian]

on second look and research...I'm saying "fake".

Yes i agree with that where is his vehicle unit?

[Wooden Indian]

More than one...

My generation (boomers) must have a large portion of the blame laid at our feet.

I suppose you're right. Time has slipped away on me. However, it would appear that that their attack on our civil liberties has grown exponentially in recent years... and the public outrage is little to none.

Folks celebrate a little black girl because she refused to sit at the back of the bus while young men are dragged into rape cages over sipping tea in a parking lot. So ironic.

[unknown]

How do you know that was actually iced tea? He refused to surrender his beverage for inspection which probably falls under non-compliance.

"For inspection", hahaha.

So the cop or cop wanna-be smells or tastes it?

Is the idea to randomly inspect every can for alcohol even if the outward appearance is that of a Coke or Pepsi?

[AGRP]

In North Carolina, it is illegal to sell alcohol without a permit, to sell to anyone under the age of 21, to have an open container of alcohol in the car, or to sell wine, beer or liquor to anyone who is intoxicated. Alcohol Law Enforcement (ALE) special agents enforce these, and many other laws that deal with the sale, purchase, transportation, manufacture, consumption, and possession of alcoholic beverages in the state.

ALE is also responsible for enforcing the lottery, tobacco, controlled substance and gambling laws of the state and taking legal action on nuisance establishments.

ALE's 112 sworn special agents have broad authority as peace officers to arrest and take other investigatory and enforcement actions for any criminal offense. ALE is unique in that it is the only law enforcement agency with statewide jurisdiction that has, as its primary mission, enforcement of alcoholic beverage laws and controlled substance laws as stated in G.S. 18b-500. Special agents ensure consistent enforcement throughout the state.

ALE puts a major emphasis on protecting youth by enforcing underage drinking laws and providing educational programs that show teens the potentially tragic consequences of underage drinking.

https://www.nccrimecontrol.org/Index2.cfm?a=000003%2C000005



Their slogan: "Prevent. Protect. Prepare", so the officer was just doing his job. They have state wide jurisdiction.

[mac_hine]

RT interviewed the Cameraman. I like this guy, he sounds like one of us.

http://www.youtube.com/watch?v=6FIaqRmeCt4

[Weston White]

Their slogan: "Prevent. Protect. Prepare", so the officer was just doing his job. They have state wide jurisdiction.

OMG! Please, tell me you are not being serious right now?

[austin944]

On Alex Jones now, apparently the LEO is not an 'officer' he is an ABC agent, called the Alcohol Law Enforcement (ALE). And in NC the state runs all liquor stores under the law of the state.

https://www.ncdps.gov/index2.cfm?a=000003,000005

In some (most?) states it's illegal to drink alcohol on the premises of a liquor store. I guess they don't want to have vagrants outside the store drinking from a liquor bottle. So I'm assuming the LEO was checking to see whether that law was being broken.

But I am kind of wondering in the interaction, was there a racial thing going on? There's a saying, being arrested for "driving while black". Is this being arrested for "drinking tea while black"?

[AFPVet]

Wow... they should've called 911 to report an assault.

1. This was a security guard. He had no firearm or department ID.
2. Security guards only have citizen's arrest authority. They can only arrest for felonies and breach of peace.
3. Many security guards have been arrested for false arrest and unlawful seizure.

[Weston White]

In some (most?) states it's illegal to drink alcohol on the premises of a liquor store. I guess they don't want to have vagrants outside the store drinking from a liquor bottle. So I'm assuming the LEO was checking to see whether that law was being broken.

But I am kind of wondering in the interaction, was there a racial thing going on? There's a saying, being arrested for "driving while black". Is this being arrested for "drinking tea while black"?

So far as we can tell by the video evidence this all went down within a few minutes timeframe. And that ALE agent didn’t even ask him if was going to be making a purchase, he never gave him that opportunity. Ergo, on what legal authority was the ALE acting to command him to leave or be arrested for trespassing, which he was not—at the most he was loitering, but in reality he neither met the requirement for that charge. Effectively, he was refused service by an official of the state. And so upon what just grounds permitted for that refusal? That ALE agent was negligent on many counts.

[phill4paul]

UPDATE: Defense and Prosecution work a plea deal but Rodgers skeptical........

Lawyers have worked out a deal for a Fayetteville man whose video-recorded arrest in a state-owned liquor store parking lot last year went viral on the Internet and made national headlines.

But the defendant, 28-year-old Christopher Lamont "Xstravagant" Beatty, is reluctant to take the deal.

According to a court document, the deal would punish Beatty with probation and community service on misdemeanor allegations that he was trespassing and resisted a public officer. After a year, the charges would be dismissed and leave Beatty's record clear of a conviction through an arrangement called a deferred prosecution.

The case is scheduled to be heard in Cumberland County District Court on June 5. District Attorney Billy West said his office has approved the deal.
Beatty said he doesn't like it.

"It would get it dismissed at the end, but I would still have to take responsibility for my actions, and I felt like I did nothing wrong," Beatty said.
Beatty's arrest spurred debate on whether he was unjustly arrested and whether race was a factor in the incident. Beatty is black, and the officer is white.

Beatty was detained April 27 by Rick Libero of Cumberland County Alcoholic Beverage Control Law Enforcement. A friend of Beatty's recorded the encounter and posted it on the YouTube video sharing website. It has been viewed more than 1.5million times on the site, and people were still commenting there this month on whether his civil rights against unjust search and seizure were violated.

The video shows Beatty in the parking lot of the Cumberland County Alcoholic Beverage Control store on Morganton Road. He is drinking a beverage from an Arizona-brand can of iced tea. He says he has been making a music video and now is he is waiting for friends to arrive.

Libero, in plain clothes, approaches and asks to examine the can. He wants to check to see whether there is alcohol in it.
Beatty refuses to give up the can and then refuses to follow Libero's repeated commands to leave the property.
Libero finally grabs hold of Beatty, takes him down to the ground and handcuffs him.

Beatty said Friday that the arrest caused him to lose a job last year right after he was hired. The open charges have since made it hard for him to get work, he said.

If he accepts the deferred prosecution, he said, the charges would officially remain open for another year before being dismissed. That would continue to impede his efforts to get a job, he said.

The terms of the deal would have Beatty submit to a year of probation, do 24hours of community service, have a mental health assessment, and submit to drug testing and warrantless searches.

If he doesn't accept the deal, Beatty would have to go to trial before a judge, said his lawyer, Allen Rogers.

While he feels that his rights were violated, he runs the risk that the judge will see the case differently, Rogers said. A judge could convict, so Rogers recommends that Beatty take the deal.

"This is a compromise resolution that gives us a guaranteed result," he said. "As a lawyer, when you're representing folks, your goal is to try to get the best possible outcome. ... The best outcome is one that we can control, and at this point, he would end up with no conviction."

Staff writer Paul Woolverton can be reached at woolvertonp@fayobserver.com or 486-3512.

http://www.fayobserver.com/news/local/article_2936989e-ae7d-5d6c-9371-7acc9183f3f9.html

[moostraks]

UPDATE: Defense and Prosecution work a plea deal but Rodgers skeptical........

Lawyers have worked out a deal for a Fayetteville man whose video-recorded arrest in a state-owned liquor store parking lot last year went viral on the Internet and made national headlines.

But the defendant, 28-year-old Christopher Lamont "Xstravagant" Beatty, is reluctant to take the deal.

According to a court document, the deal would punish Beatty with probation and community service on misdemeanor allegations that he was trespassing and resisted a public officer. After a year, the charges would be dismissed and leave Beatty's record clear of a conviction through an arrangement called a deferred prosecution.

The case is scheduled to be heard in Cumberland County District Court on June 5. District Attorney Billy West said his office has approved the deal.
Beatty said he doesn't like it.

"It would get it dismissed at the end, but I would still have to take responsibility for my actions, and I felt like I did nothing wrong," Beatty said.
Beatty's arrest spurred debate on whether he was unjustly arrested and whether race was a factor in the incident. Beatty is black, and the officer is white.

Beatty was detained April 27 by Rick Libero of Cumberland County Alcoholic Beverage Control Law Enforcement. A friend of Beatty's recorded the encounter and posted it on the YouTube video sharing website. It has been viewed more than 1.5million times on the site, and people were still commenting there this month on whether his civil rights against unjust search and seizure were violated.

The video shows Beatty in the parking lot of the Cumberland County Alcoholic Beverage Control store on Morganton Road. He is drinking a beverage from an Arizona-brand can of iced tea. He says he has been making a music video and now is he is waiting for friends to arrive.

Libero, in plain clothes, approaches and asks to examine the can. He wants to check to see whether there is alcohol in it.
Beatty refuses to give up the can and then refuses to follow Libero's repeated commands to leave the property.
Libero finally grabs hold of Beatty, takes him down to the ground and handcuffs him.

Beatty said Friday that the arrest caused him to lose a job last year right after he was hired. The open charges have since made it hard for him to get work, he said.

If he accepts the deferred prosecution, he said, the charges would officially remain open for another year before being dismissed. That would continue to impede his efforts to get a job, he said.

The terms of the deal would have Beatty submit to a year of probation, do 24hours of community service, have a mental health assessment, and submit to drug testing and warrantless searches.

If he doesn't accept the deal, Beatty would have to go to trial before a judge, said his lawyer, Allen Rogers.

While he feels that his rights were violated, he runs the risk that the judge will see the case differently, Rogers said. A judge could convict, so Rogers recommends that Beatty take the deal.

"This is a compromise resolution that gives us a guaranteed result," he said. "As a lawyer, when you're representing folks, your goal is to try to get the best possible outcome. ... The best outcome is one that we can control, and at this point, he would end up with no conviction."

Staff writer Paul Woolverton can be reached at woolvertonp@fayobserver.com or 486-3512.

http://www.fayobserver.com/news/local/article_2936989e-ae7d-5d6c-9371-7acc9183f3f9.html

Hope he doesn't settle.

[Barrex]

Hope he doesnt go to jail.

[Cleaner44]

Hope he doesn't settle.

The system depends on intimidation, even when the government workers are clearly in the wrong.

Obviously there is no need to press charges and District Attorney Billy West could simply drop all charges... but he doesn't because he isn't interested in truth and justice, he is interested in protecting the JustUs system.

[mosquitobite]

Anyone from RPF in the area that could do some protesting or help in SOME way?

[CPUd]

State ABC are worse than cops, they have more power than state police, at least when it comes to snatching some dude up out of a parking lot, or shutting down a business with a phone call. Especially when it is a control state like NC, KY, PA.

In a non control state, if they caught someone with an open container at an off-premise location, they would go after the business owner, but in NC, they are acting as the business owner. Alcohol laws are weird in some states, especially in the South. Many states down here, if you order a can of beer or bottle of wine at a restaurant, the server must open it before serving, because restaurants and bars are classified as on-premise. Similarly, at a liquor store, you can not open alcoholic beverages on their property. But in LA, they have drive-thru daquiri marts, and at least New Orleans, you can walk around with it, as long as it is covered, and not in a glass container. But the little 50mL bottles, even the plastic ones are illegal to sell.

You can't sell malt-based products in the same physical address with wine and spirits. One dude I knew had a convenient store with some extra space where he wanted to sell liquor. He had to put a separating wall, additional door and have its own street number on it. And on Sundays, you can't sell any of it before noon. That's the type of stuff ABC goes around looking for.

[Philhelm]

The residents of that county should be lined up... pictch forks in hand... raising hell. Remember when the blacks in America stood strong for their rights? What the hell happened?

They demanded equal rights from the government... and they got it. Now, everyone seems so content to sit around and watch those rights be stripped away. It's baffling what difference one generation can make.

The government, through low cunning and brutality, has systematically destroyed the black family unit, and is currently in process to do the same to the rest of us. Regardless of the Civil Rights Act or any other laws, black males are essentially second class citizens by de facto (hence, high incarceration and low employment rates). By destroying and weakening the role of manhood in the United States, the government can decrease the chance of strong, willful men from resisting tryanny.

[phill4paul]

Update:


Charges were dismissed Thursday against a man whose confrontation with an ABC officer outside a Fayetteville liquor store went viral on YouTube nearly two years ago and became known as the Arizona iced tea case.

Christopher Lamont Beatty, 28, of New York, was charged with trespassing and resisting a public officer after the incident at the ABC store on Morganton Road on April27, 2013. Beatty refused to give the officer, who approached him in the parking lot, his can of Arizona brand iced tea.
On Thursday, Cumberland County District Court Judge Lou Olivera agreed with defense lawyer Allen Rogers' motion to dismiss the case based on a lack of reasonable suspicion for a stop.

Olivera ruled the stop was unconstitutional, and therefore, all evidence gathered from the stop was inadmissible. He referred to the legal metaphor "fruit of the poisonous tree," which is used to describe evidence obtained illegally according to law.
"I'm astounded this is finally over," said Beatty, a former staff sergeant with Fort Bragg's 82nd Airborne Division.


"I clearly disagree with the decision," Assistant District Attorney Charles Scott said. "It's (a reflection of) what's going on in many parts of the country. If you arrest or attempt to arrest people, there appears to be great anti-police sentiment in certain quarters."

http://www.fayobserver.com/news/crime_courts/charges-dismissed-in-arizona-iced-tea-arrest-outside-fayetteville-liquor/article_a4c9072d-e36b-5043-a628-de28a3d78072.html#.VNQllB-msjc.facebook