They still make it so that poor people affected by this can't get out. If you can't afford to hire an attorney to contest your conviction, you stay locked up for violating an unconstitutional law.
Ya because a guy who has spent years on prison has the means to hire legal console. If they are in jail unconstitutionally they should be let out and paid for their unconstitutional confinement.
So now the tax payer pays damages on top of whatever it costs to keep someone in prison for every day each of those inmates are kept locked up while they sue the state for release + compensatory damages.
Ah Louisiana, home to the legacy of Huey Long. This ruling won't make any difference. Louisiana most likely has a law on the books making it a felony to release inmates whose convictions have been overturned until they reimburse the state for their free room and board.
Sounds accurate. It's like when businesses claim training their employees is too expensive and they need to put that responsibility on the potential employee, even though having trained employees makes them more money in the end regardless.
For the guy that threatened to release a picture if the top testifies, that is extortion and I believe is the proper application of the law as it was probably intended. However, I do believe it would have been well within his rights to give that picture to his lawyer and use it as a defense against the character of the detective stating that the detective can't be reliable due to how he acts while on duty.
I live in Louisiana (in Jefferson Parish) and the cops are worse than the criminals. My advice, just ignore the cops. If you see a crime, just look the other way. You never know when the cop is friends with the criminal and in retaliation they plant evidence on you. Also, keep a dash cam in your vehicle, and if pulled over, keep recording (as well as on your phone).
Was anyone involved in taking away the freedoms and jailing the innocent people held to ANY account? Rhetorical question, we know gov't agents live above the law.
Had a tire dealer in this crap state refuse to repair a nail in my wife’s car tire because the tire didn’t have the manufacture recommended speed rating. (The manufacturer’s recommendation was a “T” speed rating, I bought the car used with “S” rated tires). Im not joking. He then began to give me the “Louisiana is based on napoleonic law blah blah blah” as the reason he couldn’t repair the nail in my tire. I got in her car and went two miles across town to a Goodyear store and they promptly repaired the tire. Over the next 11 years i raised 3 daughters and spent untold thousands at that little goodyear shop. You cant fix stupid, but you can move!(left 2 years ago and never looked back🤣🤣🤣🤣🤣🤣🤣).
(Don't have an Alexa, but) I'm surprised Steve ended the video with that: It could open him up to a hacking prosecution - accessing a computer without the owner's permission. Doesn't seem prudent. LOL.
Sure; and it's all fun and games until one of those stupid advertisers gets jacked up. (I hate those delivery trucks with advertising skins that make it look like the back door or side is open with stacked goods "on view", or sometimes even a delivery guy hanging on for dear life. I'm sure everyone in the ad business thinks those are transgressive and kewl. But just wait until someone freaks out because they saw it with peripheral vision, swerves, and causes an accident, and the trucking firm is _successfully_ sued for it. Civil not criminal, but my point is that just because you see some advertisement in public, doesn't mean it's not a tort or crime).
Geez Louise, we recently removed the restrictions on how wide a wagon wheel could be, how fast you could run on the road, and when women were allowed in pool halls. None of them ever had jail time. 😉
If the statute is ruled unconstitutional, its unconstitutionality dates from its inception, not merely from the date of the court ruling of unconstitutionality. This means that arrests were all illegal, prosecutions, trials, convictions and punishments were all illegal. The arresting officers and prosecutors have the "good faith" defense against personal liability but what of their departments' and offices' risk management (insurance)? Is, "Oops, sorry," enough?
Apparently you haven't spent much time in rural Louisiana. I am not surprised that something like this is still on the books. Another example of if you have influence you can get anything passed.
Louisiana is crazier than that. Remember Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. Louisiana lost, but the law is still on the books as the legislature refused to remove it, even though ordered to do so by the Supreme court.
Crazy and they know it. About ten years ago I attended a research conference there. These conferences' opening speeches are usually about how wonderful the host city is, we expected to hear about Louisiana history and the tourist spots. No, this speech said Louisiana has the highest death rate on the highways, and the most corrupt police, so "please help us." Speaker was the head of the Louisiana Department of Transportation.
One of the joys of living in Houston, Texas is being so close to Louisiana. I’ve heard a ton of stories from friends in Louisiana. As I understand it, 48 states have laws loosely “based” on Old English Law. Texas is “based” on Spanish law. Louisiana is “based” on French.
I grew up in Louisiana. I moved away from Louisiana when I turned 18. I will never move back to Louisiana. People who visit will tell you, it's like a whole 'nother country. Yep.
Wait. What constitutes a “complaint”? So if an officer has misbehaved and you state “I’m going to be filing a complaint” that’s a crime? I cannot see how that is a threat. It’s a statement of fact. Officers will say all the time “if you X, I will Y” that sincerely makes any law a threat.
I'm thinking the original thought may have been that., a person threatening an officer with the intent to report him for not letting a person committing an offense or a crime. If that makes even a small amount of sense. It's possible they thought such a threat could possibly force an officer not to do his duty. I'm not backing that logic at all - LoL. But that's the only thing my brain can make of the craziness.
@@ImTheDaveman Nice analysis. The real question is why threat is defined as tattling on them. I'm going to tell your mommy. Gasp ! I have been threatened -- you are under arrest.
I wonder how many people are sitting in jail for violating other laws that could be deemed unconstitutional. From just this one example the number might be surprisingly high.
Threaten to hold officials to a standard, go to jail for longer than a murderer. Yep, that's Louisiana alright. How many more states have a law like this hiding in their books?
I don't necessarily agree with the law, but, I kinda-sorta see where they were going with it... If you file a complaint about an officer's conduct after the fact, that's fine. If you threaten to file a complaint at the scene, it could be construed as trying to in coerce the cop into not carrying out his duty as he sees fit. Of course, if the cop has already done what he's going to do when you threaten the complaint, then that argument goes right out the window, along with the baby & the bath water.
But Steve, I've heard that threatening to sue or file charges in order to force someone to comply with your wishes counts as extortion, even if doing so would be legal, absent the threat. True/False?
Louisiana RS: 14:122 doesn't say for a mere complaint. You can read the statute itself by searching Louisiana Legislature Law search. Check revised statutes and put Public Intimidation in the search box. Maybe it was a Jefferson Parish ordinance, or the story is just wrong. The law says a true threat must communicate a serious threat of great bodily harm. The penalty is a fine up to $1000, or imprisonment up to 5 years.
Most of those people likely had never heard of this law, prior to making the statement. This is frightening. Citizens are not taught in school, or elsewhere much about rights and laws, other than the basics we learn in church, what we may witness, read about, or see on the television. So more obscure laws, (those that have not drawn the attention of the media), or are not standard among all states, may not be common knowledge. By the time someone is 18 years old, even if they spent time in a library, to learn- that they may comply with legislation, may not (with a meager high-school education) be able to interpret such technical language specific to the trade. So many (at 18) risk a permanent record and possibly the loss of freedom of some of the most valuable years of their life; and that's a shame.
Strangely, in spite of hearing what you said, in my mind I heard 1918 and 1915 - meaning that this law had been on the books for over 100 years. When you read "took his cell phone out of his pocket," I was sure you had made a mistake and would correct it. You didn't correct it. Cell phones in 1915... Sigh. Lei me listen to the disembodied announcer give again, I always understand what she says.
I would like to tell you something that happened to me a long time ago . It happened to a lot of other people as well. I did something so nothing happened to me. But my friends who worked at the same place and they all got sued for $50 because they didn’t have enough evidence to sue for a felony.. I wanted to sue this company but my friends said it was a big company and we would never win. The following year a young woman sued them and won. It was a small chain of convenience store in New England . They had security guards who would visit the stores and make sure you don’t have too much money in your register no $20s and only one 10 two 5s and ten 1 s . There is a safe with a slot in it big enough to slip bills in it with a Handel with a slot to push the bill in. But they don’t have the combo. The security guards had a quota to fill so they would bring the people in back to tell them they caught them steeling. Even if they never stole anything! They would tell them they were going to jail and those woman have kids that the would not see them for a long time. So the people know they’re lying to fill their fill and they’re going to get the shaft. Every other of my friends got duped . They told them if they admit to steeling some amount like $200 and they would just take a few dollars from their check every week. Then the sight and get shown the door. I was the store manager. I was a hard worker and would work, overtime as long as they needed me and the regulars liked me and I was very efficient. The customer ps were not too happy about us not being able to give gas most of the time. They fired so many people , there was never anyone to work it. It was a full service station. So what ended up happening l I was on salary , for those who don’t know, that’s supposed to mean you make the same amount weather you work 40 hours , 50 or 30. So you might work a few more hours one week but work a few less another week. But because they fired everyone. So they told me they would send some people but never did! So I was wondering from 5am until about 2 am the next morning. 22 hours hours a day. I had to open the store at 5 and get the coffee ready and clean up and get the place ready for business at 5 : 30. Then I would work the register and stock and fill things and dump some things like garbage. I had to work until midnight when we closed. Then I had to count every pack of every name cigarette. Plus cartons. There were about 50 brands of them back then and they were in a metal holder above the register and they each fit like a hundred packs!6 sweep and mop the floor. I would get done about 2 am and had to be back in 2-3= hours if I went home, I would have time to take a sgph time
So if I said I was going to make a complaint was that considered a threat and would be arrested and if I made the complaint when I arrived at the station would they would then release me. I am so confused. ;)
The people who made this, then passed this law, and people who benefited from it, are not going to be affected by the lawsuits and multitude of expenses related to this law. To them, it doesn't matter as they got what they wanted. Next, I'd like to see investigations into all who arrested someone under this law.
Going to jail for telling someone you are going to file a complaint about their job performance is absurd. However, if the guy with the picture really did use the threat of releasing the picture to stop the cop from testifying on another charge, it seems that a legitimate charge of WITNESS intimidation or tampering could apply. As for those in DOC, they can't just be released by DOC without a judge's order.
The authorities will continue enforcing the law by allowing arrests but then the DAs will decline prosecution. That means the victim will have spent money for bail and a lawyer but since the charges were dropped, no harm no foul. The East Baton Rouge Police kept arresting people for sodomy long after the sodomy law was declared unconstitutional. The practice didn't stop until one of the local television stations aired an investigation, and local civil rights organizations threatened suits. A couple of years ago, a bill was proposed in the Louisiana state Legislature to repeal various obsolete and unconstitutional laws to simplify the statutes. The Sodomy law was among them. Some people fought the repeal tooth and nail, saying that any legislators that voted for the bill were for sodomy. Louisiana is as crazy as Florida it's just that we don't have as many people, so a lot of this flies under the national radar.
I can see how a law like this might make it onto the books. If you know that a cop has done something unbecoming his job and he pulls you for speeding/dui etc, threatening to out him if he gives you a ticket but not if he doesn't, should be an offence. Similar if you need building permits for doing works and have some dirt on the official that is responsible for issuing them. In theory this could make it less likely for public officials to be able to be bribed, which is what the law was probably meant to cover. But as per normal, these laws are made in a knee jerk fashion by politicians with no legal experience and without any serious investigation as to the effect of the law. I also expect that once the police saw this law was on the books it was also seen as an easy way to threaten an awkward member of the public.
Can you explain to me why each of the states has its own laws? As an outsider looking in it seems an awful waste of effort to have 50 sets of laws instead of just one nationwide law.
It's because the States are co-sovereign with the United States as a whole, and they have sovereignty over their own affairs, but Steve or someone else who comes across this will most certainly do a better job of explaining it than me
In Louisiana, if you file a complaint against a judge and the Judiciary Committee covers it up and does ABSOLUTELY NOTHING, you cannot tell anyone about it or you will be arrested for "contempt of court" by the Judiciary Committee. (Yes. I have such a letter and can provide it to you, under penalty of arrest, of course.) Look at the mountain of corruption by Livingston Parish Judges that has been exposed where the Judiciary Committee did nothing. Look at Jefferson Hughes III, now a Louisiana Supreme Court Judge, and his successor Judge Elizabeth Wolfe. Wolfe lost a federal lawsuit for orchestrating the false arrest and jailing of Scott Lemoine to stop him from posting comments online suggesting she had abused her judicial position in a domestic matter involving her daughter-in-law. Hughes case is similarly about domestic matters, ironically. (I guess Wolfe will have me arrested now.) Do a little research and you will find that judges in Louisiana are "protected" by the Judiciary Committee rather than disciplined, unless they are tried and convicted of a crime, such as in the FBI probe called Operation Wrinkled Robe. If you file a complaint against a Jefferson Parish Deputy, you are "automatically" read your rights and threatened with arrest for filing a false complaint even BEFORE you begin your statement. This is "Standard Operating Procedure", as it was for Kayden Nguyen who refused to file a complaint against Deputy Steven Seagal (Jefferson Parish Deputy, movie star and star of the TV show Steven Seagal: Lawman) after she was read her rights and threatened. I personally filed a complaint against a Jefferson Parish deputy and was given the same treatment. So, I brought a complaint against the threatening Supervising Officer personally to Jefferson Parish Sheriff Newell Normand who echoed the same thing saying that it's okay for his department to make such threats since the D.A. will probably not accept the charges. So I thanked him and took my secret recording of that conversation with me. I gave a copy of that recording to the Internal Affairs Department and nothing more ever came of it, of course. (Yes. I still have that recording.)
I live in Louisiana, we have all kinds of crazy laws here. Crooked cops are normal here, just had one arrested for over 150 counts of molesting children along with his school teacher wife.
What do you think they do with complaint forms? If they don't toss them in the trash they investigate themselves and find no wrong done. Then the intimidation begins.
Well then, I guess that means the man I testified against at his homicide trial will be released when he dies, and not 5 years later. You see he had 5 years tacked on to his life sentence for a double murder after he threatened to kill me, my wife, and my kids when he got out of prison. He made the threat after my testimony and in front of his attorney, a packed courtroom, the judge, and the DA. The Judge did not find humor in his threat, called a recess, and the next day I was informed by the DA's office that he had been charged with intimidation of a public official, me. At sentencing, the Judge tacked on the 5 year sentence to his life sentence for double murder.
I am not a big fan of the aclu,but possible for the folks locked up, they could file for a writ of habeas corpus in the US district court that has jurisdiction there and get them out that way. State attorney General will have to respond and since they did not appeal on the law being struck down, they will probably not defend the other convictions.
Jefferson Parish, Louisiana is a kooky place. Blame the French. Just kidding! Maybe. A fun fact...The actor/martial artist Steven Seagal is a deputy there. A real deputy, not just the one from his show "Lawman". He's also a decent musician (that's subjective...but we saw him play and sing and it was fun, and he was very pleasant to chat with). Oh, and he's originally from Michigan. Maybe Attorney Steve could team up with Lawman Steve? Heck, add in Steve the Pirate (from the movie Dodgeball) and you've got a great cast for....something.
And on the flip side, Louisiana is also where the first challenge against segregation occurred. I think that it was going to challenge the legality of separating railroad passengers by race. If I remember correctly, they attempted to challenge passengers having to sit in their respective "whites" and "colored" only sections. I think that the court case failed because they bought in state tickets and not interstate tickets. I have to look in my book. I think that it was called something along the lines of "Cases that shaped the U.S. Constitution."
How is it a "threat" when he called his supervisor and was actually doing it? that is not a threat that is letting the cop know what he was doing otherwise the cop might shoot him and say "I thought he had a gun in his hand"
Humphrey Pushkart Florida has a lot of different peoples and cultures in it-snowbirds, Cubans, native born, etc which contributes to its wackiness. Louisiana is just populates top to bottom by morons
They still make it so that poor people affected by this can't get out. If you can't afford to hire an attorney to contest your conviction, you stay locked up for violating an unconstitutional law.
Ya because a guy who has spent years on prison has the means to hire legal console. If they are in jail unconstitutionally they should be let out and paid for their unconstitutional confinement.
I’m surprised no one used the “it wasn’t a threat, it was a promise” defense.
Statement. It was a statement, as a promise to threat is no different.
Ha, the government 'admitting a mistake and releasing prisoners' ain't happening.
So now the tax payer pays damages on top of whatever it costs to keep someone in prison for every day each of those inmates are kept locked up while they sue the state for release + compensatory damages.
@@EwanMarshall Perhaps taxpayers should consider such things before allowing such laws to exist, think before voting.
@@timan2039 corruption knows no acceptance of responsibility
Ah Louisiana, home to the legacy of Huey Long. This ruling won't make any difference. Louisiana most likely has a law on the books making it a felony to release inmates whose convictions have been overturned until they reimburse the state for their free room and board.
Sounds accurate.
It's like when businesses claim training their employees is too expensive and they need to put that responsibility on the potential employee, even though having trained employees makes them more money in the end regardless.
For the guy that threatened to release a picture if the top testifies, that is extortion and I believe is the proper application of the law as it was probably intended.
However, I do believe it would have been well within his rights to give that picture to his lawyer and use it as a defense against the character of the detective stating that the detective can't be reliable due to how he acts while on duty.
I confess...I'm one of "those" that now watch the credits to the end just to hear the final comments.....🇺🇸🇺🇸🇺🇸
hey siri " Call Mom" would be good too
Same
I couldn't tell what she told Alexa to do... I just got the first bit of a sound. "T...."?
Alexa won't talk to me any more. I called her Cortana >:-)))
I live in Louisiana (in Jefferson Parish) and the cops are worse than the criminals. My advice, just ignore the cops. If you see a crime, just look the other way. You never know when the cop is friends with the criminal and in retaliation they plant evidence on you. Also, keep a dash cam in your vehicle, and if pulled over, keep recording (as well as on your phone).
Live in JP too! Yep, JPSO is more crooked than people can even imagine. I avoid them like the plague!!
I have lived in Louisiana most of my life, and laws like this do not surprise me.
If I remember correctly, many Louisiana laws are based on French Law.. Also in France, "Guilty until proven Innocent'... .
I thought this said “Crazy Town” for a second, and I got exited.
Same.
Lol me too.
It's months too early yet. wait until February at least.
I often find that "law" makers, "peace" officers, prosecutors, and judges collude to screw over innocent, constitutional abiding citizens.
Was anyone involved in taking away the freedoms and jailing the innocent people held to ANY account? Rhetorical question, we know gov't agents live above the law.
Corruption is endemic throughout Louisiana. It is an embarrassment to the rule of law.
Had a tire dealer in this crap state refuse to repair a nail in my wife’s car tire because the tire didn’t have the manufacture recommended speed rating. (The manufacturer’s recommendation was a “T” speed rating, I bought the car used with “S” rated tires). Im not joking. He then began to give me the “Louisiana is based on napoleonic law blah blah blah” as the reason he couldn’t repair the nail in my tire. I got in her car and went two miles across town to a Goodyear store and they promptly repaired the tire. Over the next 11 years i raised 3 daughters and spent untold thousands at that little goodyear shop. You cant fix stupid, but you can move!(left 2 years ago and never looked back🤣🤣🤣🤣🤣🤣🤣).
You didn’t get my Alexa! Was wearing headphones. Nice try though.
(Don't have an Alexa, but)
I'm surprised Steve ended the video with that:
It could open him up to a hacking prosecution -
accessing a computer without the owner's permission.
Doesn't seem prudent.
LOL.
@@AlanHMartin But wouldn't that leave advertisers open to prosecution on the same basis? I know I've seen commercials with an actor saying "Alexa".
Sure; and it's all fun and games until one of those stupid advertisers gets jacked up.
(I hate those delivery trucks with advertising skins that make it look like the back door or side is open with stacked goods "on view", or sometimes even a delivery guy hanging on for dear life. I'm sure everyone in the ad business thinks those are transgressive and kewl. But just wait until someone freaks out because they saw it with peripheral vision, swerves, and causes an accident, and the trucking firm is _successfully_ sued for it. Civil not criminal, but my point is that just because you see some advertisement in public, doesn't mean it's not a tort or crime).
Just a guess, but that may go all the way back to Louisiana's original Napoleononic code. It was a French colony at one point.
@@amyself6678 Most states use a legal system based, at least in part on English Common Law.
Wonder how many people with Alexa were plunged into darkness at the end lol
I am glad his robot didn't say furnace.
Geez Louise, we recently removed the restrictions on how wide a wagon wheel could be, how fast you could run on the road, and when women were allowed in pool halls. None of them ever had jail time. 😉
If you file a complaint, the officer now will just say it's not valid because you didn't warn them first...LOL
If the statute is ruled unconstitutional, its unconstitutionality dates from its inception, not merely from the date of the court ruling of unconstitutionality.
This means that arrests were all illegal, prosecutions, trials, convictions and punishments were all illegal.
The arresting officers and prosecutors have the "good faith" defense against personal liability but what of their departments' and offices' risk management (insurance)? Is, "Oops, sorry," enough?
Apparently you haven't spent much time in rural Louisiana. I am not surprised that something like this is still on the books. Another example of if you have influence you can get anything passed.
Like I always say PETTY TYRANTS RUN AMOK.
Louisiana is crazier than that. Remember Edwards v. Aguillard, 482 U.S. 578 (1987), was a United States Supreme Court case concerning the constitutionality of teaching creationism. The Court considered a Louisiana law requiring that where evolutionary science was taught in public schools, creation science must also be taught. Louisiana lost, but the law is still on the books as the legislature refused to remove it, even though ordered to do so by the Supreme court.
Of course Louisiana. Corruption is insane there.
Crazy and they know it.
About ten years ago I attended a research conference there. These conferences' opening speeches are usually about how wonderful the host city is, we expected to hear about Louisiana history and the tourist spots.
No, this speech said Louisiana has the highest death rate on the highways, and the most corrupt police, so "please help us." Speaker was the head of the Louisiana Department of Transportation.
Jury nullification is another example of something that you can practice if you are on a jury but it is a problem if you talk about.
One of the joys of living in Houston, Texas is being so close to Louisiana.
I’ve heard a ton of stories from friends in Louisiana. As I understand it, 48 states have laws loosely “based” on Old English Law. Texas is “based” on Spanish law. Louisiana is “based” on French.
First. Yet another great post on another great topic by a really great attorney!
David you mean first loser😛 I believe I had u by a few seconds
You both get a prize 🍪🍪. If your both so proud to be first, you should have your 🍪 prize. Well done first,first guys.
I grew up in Louisiana. I moved away from Louisiana when I turned 18. I will never move back to Louisiana. People who visit will tell you, it's like a whole 'nother country.
Yep.
Unfortunately, this is true.
Wait. What constitutes a “complaint”? So if an officer has misbehaved and you state “I’m going to be filing a complaint” that’s a crime? I cannot see how that is a threat. It’s a statement of fact. Officers will say all the time “if you X, I will Y” that sincerely makes any law a threat.
I'm thinking the original thought may have been that., a person threatening an officer with the intent to report him for not letting a person committing an offense or a crime. If that makes even a small amount of sense. It's possible they thought such a threat could possibly force an officer not to do his duty. I'm not backing that logic at all - LoL. But that's the only thing my brain can make of the craziness.
@@ImTheDaveman Nice analysis. The real question is why threat is defined as tattling on them. I'm going to tell your mommy. Gasp ! I have been threatened -- you are under arrest.
I foresee Louisiana which is in horrible financial situations about to go even further in debt and unfortunately the taxpayer has to foot the bill
I welcome our computer overlords! LOL My Wife's Alexa can't find the lights and won't shut up about them now! LOL
I wonder how many people are sitting in jail for violating other laws that could be deemed unconstitutional. From just this one example the number might be surprisingly high.
So when you say "I want a lawyer" to a police officer, you are threatening him.
That is just absolutely nuts.
Thank you. Nice to know as a lifelong (excluding a few years here and there) resident.
Is it still a threat when you immediately follow through?
I guess then it becomes a "promise".
I am a procrastinator, so I would get “around to it” in a few days. : )0
@@AlanHMartin even a promise has a delay. This isn't "I'm gonna do this," it's "I'm doing this."
I grew up in Louisiana. None of this surprises me. Heck, for decades in New Orleans most murderers spent 90 days or less in jail.
as someone that is a 3 decade victim of Louisiana legal tactics used by the current governor on down, I understand slavery more than I should...
I'm a Louisiana Citizen since birth and I never knew this.
Makes two of us.
I lived in Louisiana for a few years and I can verify.
Are they allowing Laywer Dogs?
No, officer, I am not threatening you, I am making a statement of fact.... I AM REPORTING YOU.
Anyone else want a *REFUND* on the Louisiana Purchase? The French gave us a warranty right?
Lol, yes we should ask France for a refund. Louisiana has cost us way too much in the last 20 years.
I would rather you didn't, I live here. I cannot fix stupidity.
Threaten to hold officials to a standard, go to jail for longer than a murderer.
Yep, that's Louisiana alright. How many more states have a law like this hiding in their books?
Well, it is Louisiana after all.
Well, we do have exploding sewage in New Orleans so it doesn't surprise me.
Now I know all about smart lights. Thanks.
I don't necessarily agree with the law, but, I kinda-sorta see where they were going with it...
If you file a complaint about an officer's conduct after the fact, that's fine.
If you threaten to file a complaint at the scene, it could be construed as trying to in coerce the cop into not carrying out his duty as he sees fit. Of course, if the cop has already done what he's going to do when you threaten the complaint, then that argument goes right out the window, along with the baby & the bath water.
I'm glad to see our flag has found a place!
"Sorry, I didn't find a device called Lights."
How common is it for those sent to jail because of laws later thrown out, to be released?
But Steve, I've heard that threatening to sue or file charges in order to force someone to comply with your wishes counts as extortion, even if doing so would be legal, absent the threat. True/False?
That's what this law said. And the Court of Appeals said it was unenforceable.
There is no coercion to comply with that statement. You are simply telling the individual what your plan of action is. That is unenforceable.
Louisiana is a crazy place
So does this mean the people who have been charged & convicted of the crime would that crime be erase from their record?
so all the people who went to prison because of this law can now successfully sue the state for monetary damages?
Hey Steve. Is one of those 57 other people the guy that asked for a lawyer dog? That was from Louisiana as well.
Great show. Thx
Louisiana RS: 14:122 doesn't say for a mere complaint. You can read the statute itself by searching Louisiana Legislature Law search. Check revised statutes and put Public Intimidation in the search box. Maybe it was a Jefferson Parish ordinance, or the story is just wrong. The law says a true threat must communicate a serious threat of great bodily harm. The penalty is a fine up to $1000, or imprisonment up to 5 years.
Hey Steve your lock picking video is showing up on some of the locksport community sites. I just saw in on a Facebook locksport group.
Most of those people likely had never heard of this law, prior to making the statement. This is frightening. Citizens are not taught in school, or elsewhere much about rights and laws, other than the basics we learn in church, what we may witness, read about, or see on the television. So more obscure laws, (those that have not drawn the attention of the media), or are not standard among all states, may not be common knowledge. By the time someone is 18 years old, even if they spent time in a library, to learn- that they may comply with legislation, may not (with a meager high-school education) be able to interpret such technical language specific to the trade. So many (at 18) risk a permanent record and possibly the loss of freedom of some of the most valuable years of their life; and that's a shame.
Strangely, in spite of hearing what you said, in my mind I heard 1918 and 1915 - meaning that this law had been on the books for over 100 years.
When you read "took his cell phone out of his pocket," I was sure you had made a mistake and would correct it.
You didn't correct it.
Cell phones in 1915...
Sigh. Lei me listen to the disembodied announcer give again, I always understand what she says.
I would like to tell you something that happened to me a long time ago . It happened to a lot of other people as well. I did something so nothing happened to me. But my friends who worked at the same place and they all got sued for $50 because they didn’t have enough evidence to sue for a felony.. I wanted to sue this company but my friends said it was a big company and we would never win. The following year a young woman sued them and won. It was a small chain of convenience store in New England . They had security guards who would visit the stores and make sure you don’t have too much money in your register no $20s and only one 10 two 5s and ten 1 s . There is a safe with a slot in it big enough to slip bills in it with a Handel with a slot to push the bill in. But they don’t have the combo. The security guards had a quota to fill so they would bring the people in back to tell them they caught them steeling. Even if they never stole anything! They would tell them they were going to jail and those woman have kids that the would not see them for a long time. So the people know they’re lying to fill their fill and they’re going to get the shaft. Every other of my friends got duped . They told them if they admit to steeling some amount like $200 and they would just take a few dollars from their check every week. Then the sight and get shown the door. I was the store manager. I was a hard worker and would work, overtime as long as they needed me and the regulars liked me and I was very efficient. The customer ps were not too happy about us not being able to give gas most of the time. They fired so many people , there was never anyone to work it. It was a full service station. So what ended up happening l I was on salary , for those who don’t know, that’s supposed to mean you make the same amount weather you work 40 hours , 50 or 30. So you might work a few more hours one week but work a few less another week. But because they fired everyone. So they told me they would send some people but never did! So I was wondering from 5am until about 2 am the next morning. 22 hours hours a day. I had to open the store at 5 and get the coffee ready and clean up and get the place ready for business at 5 : 30. Then I would work the register and stock and fill things and dump some things like garbage. I had to work until midnight when we closed. Then I had to count every pack of every name cigarette. Plus cartons. There were about 50 brands of them back then and they were in a metal holder above the register and they each fit like a hundred packs!6 sweep and mop the floor. I would get done about 2 am and had to be back in 2-3= hours if I went home, I would have time to take a sgph time
So if I said I was going to make a complaint was that considered a threat and would be arrested and if I made the complaint when I arrived at the station would they would then release me. I am so confused. ;)
Just releasing the 57 prisoners would be tantamount to admitting to a mistake. Admitting to a mistake might open people to further legal action.
The people who made this, then passed this law, and people who benefited from it, are not going to be affected by the lawsuits and multitude of expenses related to this law.
To them, it doesn't matter as they got what they wanted.
Next, I'd like to see investigations into all who arrested someone under this law.
How is the threat of publishing a comprising photo if the deputy testified not blackmail?
Going to jail for telling someone you are going to file a complaint about their job performance is absurd. However, if the guy with the picture really did use the threat of releasing the picture to stop the cop from testifying on another charge, it seems that a legitimate charge of WITNESS intimidation or tampering could apply. As for those in DOC, they can't just be released by DOC without a judge's order.
The authorities will continue enforcing the law by allowing arrests but then the DAs will decline prosecution. That means the victim will have spent money for bail and a lawyer but since the charges were dropped, no harm no foul. The East Baton Rouge Police kept arresting people for sodomy long after the sodomy law was declared unconstitutional. The practice didn't stop until one of the local television stations aired an investigation, and local civil rights organizations threatened suits.
A couple of years ago, a bill was proposed in the Louisiana state Legislature to repeal various obsolete and unconstitutional laws to simplify the statutes. The Sodomy law was among them. Some people fought the repeal tooth and nail, saying that any legislators that voted for the bill were for sodomy.
Louisiana is as crazy as Florida it's just that we don't have as many people, so a lot of this flies under the national radar.
I can see how a law like this might make it onto the books. If you know that a cop has done something unbecoming his job and he pulls you for speeding/dui etc, threatening to out him if he gives you a ticket but not if he doesn't, should be an offence. Similar if you need building permits for doing works and have some dirt on the official that is responsible for issuing them.
In theory this could make it less likely for public officials to be able to be bribed, which is what the law was probably meant to cover. But as per normal, these laws are made in a knee jerk fashion by politicians with no legal experience and without any serious investigation as to the effect of the law. I also expect that once the police saw this law was on the books it was also seen as an easy way to threaten an awkward member of the public.
I became distracted by your shirt attempting to figure out what it was saying and it's meaning.
Can you explain to me why each of the states has its own laws? As an outsider looking in it seems an awful waste of effort to have 50 sets of laws instead of just one nationwide law.
It's because the States are co-sovereign with the United States as a whole, and they have sovereignty over their own affairs, but Steve or someone else who comes across this will most certainly do a better job of explaining it than me
It wasn't but a few decades ago it was also legal in Louisiana to give gratuities to Law Enforcement. What could go wrong with that,lol.
In Louisiana, if you file a complaint against a judge and the Judiciary Committee covers it up and does ABSOLUTELY NOTHING, you cannot tell anyone about it or you will be arrested for "contempt of court" by the Judiciary Committee. (Yes. I have such a letter and can provide it to you, under penalty of arrest, of course.) Look at the mountain of corruption by Livingston Parish Judges that has been exposed where the Judiciary Committee did nothing. Look at Jefferson Hughes III, now a Louisiana Supreme Court Judge, and his successor Judge Elizabeth Wolfe. Wolfe lost a federal lawsuit for orchestrating the false arrest and jailing of Scott Lemoine to stop him from posting comments online suggesting she had abused her judicial position in a domestic matter involving her daughter-in-law. Hughes case is similarly about domestic matters, ironically. (I guess Wolfe will have me arrested now.)
Do a little research and you will find that judges in Louisiana are "protected" by the Judiciary Committee rather than disciplined, unless they are tried and convicted of a crime, such as in the FBI probe called Operation Wrinkled Robe.
If you file a complaint against a Jefferson Parish Deputy, you are "automatically" read your rights and threatened with arrest for filing a false complaint even BEFORE you begin your statement. This is "Standard Operating Procedure", as it was for Kayden Nguyen who refused to file a complaint against Deputy Steven Seagal (Jefferson Parish Deputy, movie star and star of the TV show Steven Seagal: Lawman) after she was read her rights and threatened. I personally filed a complaint against a Jefferson Parish deputy and was given the same treatment. So, I brought a complaint against the threatening Supervising Officer personally to Jefferson Parish Sheriff Newell Normand who echoed the same thing saying that it's okay for his department to make such threats since the D.A. will probably not accept the charges. So I thanked him and took my secret recording of that conversation with me. I gave a copy of that recording to the Internal Affairs Department and nothing more ever came of it, of course. (Yes. I still have that recording.)
Louisiana law enforcement 👮 want to complain, go to jail.
Crazy big brother state.
There should be financial compensation. The 58 inmates should file a class action lawsuit
I live in Louisiana, we have all kinds of crazy laws here. Crooked cops are normal here, just had one arrested for over 150 counts of molesting children along with his school teacher wife.
Rick Fletcher Remember our “occasional governor “ Edwin Edwards... “Vote for the crook, it’s important “.
5:45 They'd rather have them agree to some other charge and time served rather than desl with some sort of wrongful imprisonment lawsuit.
What do you think they do with complaint forms? If they don't toss them in the trash they investigate themselves and find no wrong done. Then the intimidation begins.
Well then, I guess that means the man I testified against at his homicide trial will be released when he dies, and not 5 years later. You see he had 5 years tacked on to his life sentence for a double murder after he threatened to kill me, my wife, and my kids when he got out of prison.
He made the threat after my testimony and in front of his attorney, a packed courtroom, the judge, and the DA. The Judge did not find humor in his threat, called a recess, and the next day I was informed by the DA's office that he had been charged with intimidation of a public official, me. At sentencing, the Judge tacked on the 5 year sentence to his life sentence for double murder.
Don't you go and forget now, Louisiana is the "Lawyer Dog" state... (ask for it by name, but not in a threatening manner)
I bet all the cops in Jefferson parish had special training about this law.
Could I use “”procrastination “ as a excuse for not folling up on a threat in a timely manner? : )
I am not a big fan of the aclu,but possible for the folks locked up, they could file for a writ of habeas corpus in the US district court that has jurisdiction there and get them out that way.
State attorney General will have to respond and since they did not appeal on the law being struck down, they will probably not defend the other convictions.
Yep. We have more than our share of crazy. Until recently we held the GLOBAL record for most prisoners!
One of many reasons to not threaten to do something, such as file a complaint. Just smile, be polite, then file without bragging or threatening.
never say ( I'm going to ) always say ( there will be ) a statement of fact is not a threat.
Wait. That first case should have been thrown out. He didn't threaten. He stated his action, and did it.
Jefferson Parish, Louisiana is a kooky place. Blame the French. Just kidding! Maybe.
A fun fact...The actor/martial artist Steven Seagal is a deputy there. A real deputy, not just the one from his show "Lawman". He's also a decent musician (that's subjective...but we saw him play and sing and it was fun, and he was very pleasant to chat with).
Oh, and he's originally from Michigan. Maybe Attorney Steve could team up with Lawman Steve? Heck, add in Steve the Pirate (from the movie Dodgeball) and you've got a great cast for....something.
philip bohi Jefferson Parish is known for being .. uh .. unique.
Hey Steve what is the story of the 100 dollar bill behind you that moves around?
ua-cam.com/video/pR_XGU6qozE/v-deo.html
Your new book shelves aren't even , is there a reason for them not to be? I find it a bit disconcerting to look at.
And on the flip side, Louisiana is also where the first challenge against segregation occurred. I think that it was going to challenge the legality of separating railroad passengers by race. If I remember correctly, they attempted to challenge passengers having to sit in their respective "whites" and "colored" only sections. I think that the court case failed because they bought in state tickets and not interstate tickets. I have to look in my book. I think that it was called something along the lines of "Cases that shaped the U.S. Constitution."
Steve what is the progress on your new book shelves
How is it a "threat" when he called his supervisor and was actually doing it? that is not a threat that is letting the cop know what he was doing otherwise the cop might shoot him and say "I thought he had a gun in his hand"
As if we needed another reason to think Louisiana has the worst justice system in the US...
Having the highest incarceration rate in the US (hence, also in the world) is a hint also.
Another notice to not even visit LA much less live there.
Funny, don't police threaten to arrest someone if they continue with a chosen course of action? a threat is a threat.
Don't threaten to complain, just promise to complain.
Your robot triggered my echo... lol
Wow! A state wackier than Florida.
Humphrey Pushkart Florida has a lot of different peoples and cultures in it-snowbirds, Cubans, native born, etc which contributes to its wackiness. Louisiana is just populates top to bottom by morons
Are they going to restore their voting rights and 2nd amendment rights? How can you make that a felony and strip someone's rights for that.
Okay, so this is weird. I can’t threaten to punch you, but I can actually punch you.
because now that you're arrested you can't complain