http://jonathanturley.org/2007/11/13/casino-holds-great-grand-mother-for-almost-three-hours-and-conducts-strip-search/ Res ipsa loquitur ("The thing itself speaks") Mon, 23 Nov 2009 17:27:48 +0000 http://wordpress.com/ hourly 1 http://jonathanturley.org/2007/11/13/casino-holds-great-grand-mother-for-almost-three-hours-and-conducts-strip-search/#comment-1792 Commoner Tue, 13 Nov 2007 16:26:18 +0000 http://jonathanturley.org/2007/11/13/casino-holds-great-grand-mother-for-almost-three-hours-and-conducts-strip-search/#comment-1792 Professor, I really enjoyed this post. Would you agree that in the Coblyn case the judge could have additionally differentiated between the G. L. c. 231, § 94B, inserted by St. 1958, c. 337 and the case at hand by quoting the last sentence back at the defendents "If such goods had not been purchased and were concealed on or amongst the belongings of a person so detained it shall be presumed that there were reasonable grounds for such belief" because A.The goods in this case WERE purchased and B.The goods did NOT appear to be concealed at the time of the apprehention,as the elderly man was already wearing the scarf around his throat. Also, the age definitely is a decisive factor in this case. I am 6'3' and I weigh over 250. If a store employee grabbed me for any reason, I would immediately verbally and failing that physically extricate myself, and I might also knock out some teeth. Picking on old people is a cowardly power trip! Professor, I really enjoyed this post. Would you agree that in the Coblyn case the judge could have additionally differentiated between
the G. L. c. 231, § 94B, inserted by St. 1958, c. 337 and the case at hand by quoting the last sentence back at the defendents “If such goods had not been purchased and were concealed on or amongst the belongings of a person so detained it shall be presumed that there were reasonable grounds for such belief” because
A.The goods in this case WERE purchased and
B.The goods did NOT appear to be concealed at the time of the apprehention,as the elderly man was already wearing the scarf around his throat.
Also, the age definitely is a decisive factor in this case. I am 6′3′ and I weigh over 250. If a store employee grabbed me for any reason, I would immediately verbally and failing that physically extricate myself, and I might also knock out some teeth. Picking on old people is a cowardly power trip!

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