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Man arrested drinking ice tea in parking lot

joanie

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Mar 27, 2013
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306
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..
So now I guess someone can be drinking soda, tea, coffee, or water and they will say it's an Alcoholic Beverage and arrest them.

http://www.youtube.com/watch?v=Ug8rT1oxlRc

ALERT: There is some harsh language. We are reposting two video that are provoking controversy as it shows a man being confronted and handcuffed by a store security guard, in the past week, then arrested and taken away by the police. (Liquor stores in North Carolina are run by the Alcoholic Beverage Control Commission, therefore the hired security guard would be considered an agent of the state.)

The first part of the video takes place in the parking lot of a liquor store in Fayetteville, North Carolina, as the man, Christopher Beatty AKA rapper Xstrav, who appears to be drinking Arizona Ice Tea, is approached by a security guard. Mr. Beatty appears to be innocent, is not abusive, and appears to be a victim of excessive power-wielding by the guard, who handcuffs him. The second video clip shows the police arriving.

Many who have viewed the videos are outraged, while some say that once the guard asked the man to leave, and he didn't, he was at fault.

Everyone Matters believes that there are moral laws, apart from the specifics of whether a parking lot is private or public, or whether a beverage is alcoholic, etc. It has to do with the right of EVERY PERSON to be treated with respect and dignity, listened to, and treated AS AN EQUAL. The guard did not listen to the man, did not respect his equality and right to be listened to, and assumed a position of superiority rather than equality. Additionally, Mr. Beatty was never abusive.

None of us - not a one of us - would want to be treated as Mr. Beatty was treated - without the fairness of being listed to, and of accorded respect. He was pre-judged. We have all been there.

Every human being is entitled to be treated with respect and dignity. Everyone Matters! www.facebook.com/everyonematters

Note: We do not endorse the use of the word F*** that is used at one point. In fact, we are highly indignant. So please ignore that, for the purpose of the issue of the man arrested.



In the video discription it says "we have all been there" I don't know about that as I can't speak for anyone but myself. I have indeed been there as a victim of multiple lies and police abuse. Anyone else?
 

PFC HALE

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Jun 20, 2012
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earth
he had a high capacity soda over 16oz. cup was painted black and looked scary with a carry handle.
 

The Trickster

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Sep 21, 2012
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Arizona
I wouldn't have complied with any of those "orders" either; simply saying the word "police" isn't identification. lol

I wouldn't have allowed him to touch me either...
 

eye95

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Fairborn, Ohio, USA
When asked to leave and you "decline", no matter how polite your reply may have been, you are still "trespassing".

It is not trespassing unless the owner or his agent ask you to leave. I did not see any evidence that such happened. If I missed it, please point it out to me. Thank you.
 

davidmcbeth

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earth's crust
It is not trespassing unless the owner or his agent ask you to leave. I did not see any evidence that such happened. If I missed it, please point it out to me. Thank you.

Well, it was a citizen's arrest ... a lawsuit personally is a distinct possibility. We all know why he was hassled ~ drinking tea while being black. Why more blacks don't demand their 2nd amendment rights is a mystery.
 

Fallschirjmäger

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Alcoholic Beverage Control (ABC) stores in NC are the property of the state. The officer was supposedly a plain clothes ABC investigative officer.

That said, it'd be hard to find probable cause to suspect that that particular can of Arizona Iced Tea contained alcohol unless the officer is going to testify to uncoordinated actions, slurred speech, or the smell of alcohol on the man's breath. It looks like all the rules for being in a public place were being followed by the drinker and the officer trespassed him for disrespectin' his authoritah.
 
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eye95

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Alcoholic Beverage Control (ABC) stores in NC are the property of the state. The officer was supposedly a plain clothes ABC investigative officer.

That said, it'd be hard to find probable cause to suspect that that particular can of Arizona Iced Tea contained alcohol unless the officer is going to testify to uncoordinated actions, slurred speech, or the smell of alcohol on the man's breath. It looks like all the rules for being in a public place were being followed by the drinker and the officer trespassed him for disrespectin' his authoritah.

He wasn't in the ABC store.
 

Fallschirjmäger

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He wasn't in the ABC store.
Quite true, and I didn't say he had been, was currently, nor about to be inside.
It's possible the officer was on the lookout for underage drinkers, or perhaps even public drunkenness (although I'm not sure either is in the purview of the ABC). Depending on where the store is located, the lot could be a 'common area' or the property of the ABC.

Either way, I don't think he had probable cause to seize the tea drinker.
 
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sudden valley gunner

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Whatcom County
Well, it was a citizen's arrest ... a lawsuit personally is a distinct possibility. We all know why he was hassled ~ drinking tea while being black. Why more blacks don't demand their 2nd amendment rights is a mystery.
I know lot's of black folks that have guns they just don't ask permission and they don't advertise what they have. :)

Edit, this was meant to quote DavidMcBeth............Sorry Falls.....hope that clears up the confusion.....changing now...


Many people including those who happen to be black don't demand the government to recognize a right, they just exercise it.......
 
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Cquick86

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May 3, 2013
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Aurora, CO
Lmao. You guys are completely off topic. The person claiming to be police was out of line. Law enforcement is out of control
 

Fallschirjmäger

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Cumming, Georgia, USA
When asked to leave and you "decline", no matter how polite your reply may have been, you are still "trespassing".
On private property you are correct, on public property you cannot be trespassed simply because someone does not like the color of your skin, or the fact that you are wearing a "Roll Tide!" jersey when he's a GA Tech fan.
 

carolina guy

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Jun 21, 2012
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Concord, NC
Well, it was a citizen's arrest ... a lawsuit personally is a distinct possibility. We all know why he was hassled ~ drinking tea while being black. Why more blacks don't demand their 2nd amendment rights is a mystery.

Only problem with this is the total lack of "citizen's arrest" in North Carolina. Just doesn't exist.
 

carolina guy

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Jun 21, 2012
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Concord, NC
Quite true, and I didn't say he had been, was currently, nor about to be inside.
It's possible the officer was on the lookout for underage drinkers, or perhaps even public drunkenness (although I'm not sure either is in the purview of the ABC). Depending on where the store is located, the lot could be a 'common area' or the property of the ABC.

Either way, I don't think he had probable cause to seize the tea drinker.

Sworn ABC officers have statewide jurisdiction. This lot sure looked like a shared lot, so it would have been a "common area" and would have needed signs prohibiting loitering.

§ 14‑159.13. Second degree trespass.(a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.(b) Classification. – Second degree trespass is a Class 3 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex. Sess., c. 24, s. 14(c).)
 
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