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Posts posted by 4th and 5
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10 hours ago, Gene Parmesan said:
Do weapons even have to be involved to be justified under Texas self defense/castle doctrine laws?
Nope
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10 hours ago, NotActuallyALonghorn said:
Y'all who don't think paintball guns can cause serious bodily injury lining up to get shot in the face with a cranked up paintball gun? That can easily take out an eye. Or is that not serious bodily injury?
Plus it's night, so Texas law allows serious leeway.
Exactly. It's literally the Texas Penal Code definition of "serious bodily injury" from which you have a right to use deadly force to defend yourself.
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On 5/22/2019 at 6:09 PM, Dahobbs said:
I don't get not charging the father. You don't get to kill people just because they messed up your property with paint. Maybe he thought they were real guns (but that seems unlikely to me), which is really the only way I could see his use of deadly force being reasonable.
self defense, thought they were real guns?
defense of another, thought they were real guns?
defense of another, there were 15 of them?
defense of property, criminal mischief in the night time?
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1 hour ago, Pescado_Rojo said:
My son is asking every day when we are going. Was hoping to go down south with the long weekend, but it's going to be blowing 22-28 all weekend. Was planning to try to find some Snook in the Brownsville ship channel, but I imagine every boat down there will be doing the same to try to get out of the wind.
What boat did you buy?
Same. I'm going down but I doubt I'll even get the boat out. The fishing down south has been good, I just don't want to get the hell beat out of me doing it. The juice ain't worth the squeeze.
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40 minutes ago, Armybrat said:
At least she didn’t request Air Jordans. Chuck Taylors
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28 minutes ago, PilotsError said:
I understand the line of thought and would normally agree. But it'll be with a person on oxygen and crutches and the end of a vacation. We just need a place to be that's extremely close to or in the Terminal.
sounds like your friend really knows how to party!
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Agree on R’evolution, one of my favorites. Probably my wife’s overall favorite
If you feel like you need to get out of the quarter, try Upperline.
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Cancel Mr. B’s. It’s fallen hard.
Add Doris Metropolitan and Irene’s.
Thank me later.
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12 minutes ago, huge said:
Would need to W12 + something else.
how about an empty OFBB bottle, plus this?
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@hugeYou want a W12?
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22 hours ago, Telegraph_it said:
Automation beyond the scenes is something standard in aviation nowadays. Airbus has it as well. Just google Qantas Flight 72.
22 hours ago, Bobby_Batronic said:They don’t want to hear it. Not even from an airbus pilot.
@Bobby_Batronic is there another part on an airplane besides AOA sensors associated so frequently with crashes or other incidents? or we are just hearing about them due to current events?
On 5/19/2019 at 8:51 AM, 4th and 5 said:You sound like my brother who flies the 73 for AA
I'm like...this is an outrage, Boeing should fry!
him: shitty third world pilots, no experience
me: you’d know what to do quickly, from memory?
him: yes, bad pilots. No experience
me: you’d fly the MAX tomorrow? Bet your life on it?
him: sure, no problem
1 hour ago, Moby Ric said:My bud who flies the 737 for United basically explained it this way to me at dinner.
Cocky bastards, aren't they?
Eh, I like it. You should think you are the best. I have multiple friends with planes, won't ride with any of them, flying is a fucking hobby. But I'll ride with my brother on his plane. Maybe not in the MAX just yet. He's been doing it since he was a kid and it is in his blood. Dad flew Hueys in Vietnam in an Assault Helicopter Company and then Air Cavalry like he stole it and never expected to return.
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On 5/18/2019 at 8:46 AM, Dbeasy said:
If the dudes in his thread took all this brain power focused on travel points and put it on cancer, the world would be cancer free by now.
And the world would be cancer free, for free.
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Size44 minutes ago, Bobby_Batronic said:
The pilot error advocates have grown tired of trying to educate rubes on the realities of the planes they fly in, and have acknowledged all along that the whole thing was f’d up. What you can’t get through your thick skull is that correct pilot action likely saves the day.
Now feel free to tell me that I don’t know about how aviation unions interact with management groups, and how they use public pronouncements to apply pressure to those bodies. You kindly STFU quick there didn’t you. I can keep talking intelligently about the subject at hand. You can only parrot articles and jump up and down like a trained monkey trying to prove a point you still don’t understand. There was no magic bullet. There seldom is in any accident.
You sound like my brother who flies the 73 for AA
I'm like...this is an outrage, Boeing should fry!
him: shitty third world pilots, no experience
me: you’d know what to do quickly, from memory?
him: yes, bad pilots. No experience
me: you’d fly the MAX tomorrow? Bet your life on it?
him: sure, no problem
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34 minutes ago, closetojumping said:
The only redeeming qualities these people possess as a collective are an outstanding legacy with food and a bunch of moderately attractive women with low moral fiber.
That's pretty fucking redeeming, if you ask me.
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On 5/14/2019 at 3:26 PM, Kyrie Eleison said:
you do that, but before you do, query me this: you've never played a down of football in your life, have you?
no bullshit...straight up.
On 5/14/2019 at 3:52 PM, Nivek said:
Have you ever nailed a 6 in spike through a board with your penis?Have you ever been bored nailing a 6 with your penis?
i haven’t.
I only bang 10s.
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On 5/10/2019 at 2:10 PM, wild_turkey said:
Wife and I are planning a trip to SF/Napa/Carmel in mid-October and could probably use a little help. It will be a Sunday through Sunday trip. The front end of that is sort of fixed because A) TX-OU is on Saturday and we're going to that before flying out and B) I have a work conference in SF that runs Sun-Tues. Work conference is fairly flexible on my actual attendance, so I can mix in some fun stuff throughout those days and especially in the evenings.
Tentative plan is something like this:
SF 2 nights (Sun-Tues)
Napa 2 nights (Tues-Thurs)
Carmel 3 nights (Thurs-Sun)
I've been to SF once but didn't have a lot of time to explore the city. Wife has never been. We will probably stay near Union Square.
I've been to Carmel once years ago. Wife has never been. It's essentially a new destination for both of us.
Neither of us have been to Napa. We like good wine and good food.
Need suggestions on places to stay, places to eat and drink, winery tours, other stuff to see and do, itinerary modifications, etc. We will probably skip a car while in SF and then obviously get a car for the remainder of the trip.
I have hit Napa, Sonoma, Glen Ellen, Kenwood, Santa Rosa, Sebastapol, etc, many times.
Suggestion: skip Napa, make your home base in Healdsburg. Russian River to the west, Dry Creek to the northwest. All have incredible wineries. And note, you can hit the far end of the Napa valley from here. Everyone in our regular travel group prefers Healdsburg>Sonoma>Napa as a base, and we are doing it again this fall. The only thing we just have to have in Napa is oysters at the Oxbow Market at Hog Island, and sometimes we get that fix in SF instead. Depends if we fly out of OAK or SFO
Also, grab a cooler bag and some wine, meat and cheese and head in to the Armstrong Redwoods State Natural Reserve, after hitting a couple wineries along the Russian River. Way less crowded and easier to park than Muir Woods.
And if you have time, drive out to Bodega Bay. Eat some fresh seafood at Spud Point Crab Co. or Fisherman's Cove, then drive on to the cliffs overlooking the sea called the Bodega Bay Trailhead
It is a great hike and you can get down to the beach in a few places. Impressive cliffs and spectacular views. But bring a jacket, even if it is 90 in the wine country. And bring some champagne.
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On 5/10/2019 at 4:50 PM, cabowabo said:
I took out this bastard last night. Poor shooting I must say, but I kilt him eventually.
Poor shooting indeed. Made it all the more enjoyable!
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Beautiful female king. Nice photos.
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20 hours ago, midtown said:
Completely disagree. My kids are 12 boy and 9 girl and they would have loved Amsterdam. If you are saying this because of the weed and red light district I have news for you. They are already starting to see and hear about this stuff at school, through friends, and the internet. Might as well use it as a chance to have a conversation with your kids about it.
I was just in both of these cities at the beginning of March. There are some photos in the Brussels/Amsterdam thread. You won't stand in line at either of these places because they sell tickets for time slots. Show up about 10 mins before and bam. You're in.
If you want to get off the beaten path consider Ghent, Rotterdam, and or Antwerp. I didn't make it to any of those places but a lot of people I met said good things.
I'm taking the kids to Europe soon. First time for all of us.
@midtown I enjoyed your post and because of the thread, yesterday morning I just added three days in Amsterdam to the front end of our trip.
20 hours ago, Your Mom said:I've been to Amsterdam and I think there's stuff there for them, just not sure about the crowds. They're not into typical Disney vacations and beaches. My 14 year old already wants to go to college in Edinburgh and then live in Belgium. He likes the old towns, cobblestones, architecture, cafes, etc... There are houseboats on the canal in AMS available as AirBnBs. Something like that with some good food and wandering the streets for a couple days is appealing to them.
I read this thread for the first time this morning. Mind blown.
Total coincidence: last night I booked a houseboat on a canal in AMS.
20 hours ago, crash_davis said:the other place i was going to suggest was provence but you are flying into frankfurt so it will take some time to get to provence.
i've done this 3 times. think of tubing/kayaking a texas hill country river but you get to float under a 2000+ year old massive roman aqueduct. easily one of my all time favorite memories. you can swim and jump off cliffs and boulders along the way.
https://en.wikipedia.org/wiki/Pont_du_Gard
also you can head to cassis and take a boat tour of the calanques along the french med coast. you can also hike to some coves, spend the day swimming and jumping off the cliffs.
Total coincidence: We leave AMS and fly to join our friends in Marseille, where we are staying one night, and then doing the boat tour of the Calanques.
Total coincidence: then we join our friends in Collias, where we are staying in their chateau for a week.....just 3 miles away from the Roman Aqueduct.
4 hours ago, Grippe said:Young men that age should see some of the US Memorial Battle Monuments (graveyards) overseas. It's off the beaten path and are incredible memories.
https://en.wikipedia.org/wiki/American_Battle_Monuments_Commission
Normandy is obviously the most popular one, but damn they're all beautiful in their own ways.
Total coincidence: then we fly from Marseille to Caen, staying in Bayeux, for two days of guided tours of Normandy. I love WW2 history. Can't wait.
And then two days in Paris.
And a day in Dublin.
1 hour ago, Spankytoes said:I swear, Shaggy/Surly has the most cultured children per capita of any website. If I told my kids at 11 and 14 that I was going to take them to Amsterdam to check out museums or Bruges to people watch and embrace the local culture, because there isn't shit to do in Bruges except drink cherry beer in a tavern, they would have pissed and moaned about it. Especially when you add in a 10+ hour flight to get there. I don't deny that your kids have a passing interest in these things, but I think it's more of what you want to do than anything. If you offered them Disneyland Paris, a Harry Potter studio tour in London or a small town in Croatia, I don't think there would be a contest.
Having said that, Interlaken is a fantastic suggestion for what you are trying to accomplish. Switzerland, Alps, scenery, camping, plenty of activities...it checks all the boxes. Just know that a mountain becomes "just another mountain" after Day 3. I would work my way through Germany/Austria and down to Switzerland. Do the Romantic Road all the way to Munich. Then a day trip to Salzburg. Then down to Castle Neuchwanstein and Innsbruck and then to Interlaken. Fly an open jaw back from Zurich.
My kids are so excited!
And @Spankytoes thanks for getting me started in points and miles years ago, because a lot of it is free. First/Biz free DIRECT (SCORE!!) to AMS via AA sAAver awards, AMS-MRS free Chase points, MRS hotel free Chase points, free stay with friends, AMS-Caen free Chase points, Paris hotel free Chase points, CDG-DUB free Chase points, DUB-home Biz free AA sAAver award.......
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15 minutes ago, Captainant said:
You're acting like Brady violations aren't par for the course with police brutality and overreach cases
Fixed it for you
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The trooper is an asshole. And the worst kind of liar.
She did well to make the situation worse. She was getting a warning, instead she got dead.
As far as the law applicable to the situation:
The trooper is well within U.S. Supreme Court precedent to order her out of the vehicle (see below) and she is owed no explanation as to why. Is is a courtesy? Perhaps. Good police work to get compliance? Sure. Make people not hate cops? Definitely. Time to hold a trial on the side of the road? Definitely not.
Also, the cop is well within U.S. Supreme Court precedent (Atwater v. City of Lago Vista, 532 U.S. 318, 121 S.Ct. 1536, 149 L.Ed.2d 549 (2001)) and Texas statutes to arrest her for Failing To Signal Intent to Change Lane (exceptions being Open Container and Speeding by statute).
From a legal aspect, her arrest was lawful for the traffic violation. Also possibly for Interference with Public Duties. I can't say on Resisting Search, Arrest or Transportation because it is not in the video, but the statute does require actual physical force directed at the police officer, not just being difficult, unruly, etc.
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“[M]ost traffic stops,” this Court has observed, “resemble, in duration and atmosphere, the kind of brief detention authorized in Terry.” Berkemer v. McCarty, 468 U. S. 420, 439, n. 29 (1984) . Furthermore, the Court has recognized that traffic stops are “especially fraught with danger to police officers.” Michigan v. Long, 463 U. S. 1032, 1047 (1983) . “ ‘The risk of harm to both the police and the occupants [of a stopped vehicle] is minimized,’ ” we have stressed, “ ‘if the officers routinely exercise unquestioned command of the situation.’ ” Maryland v. Wilson, 519 U. S. 408, 414 (1997) (quoting Michigan v. Summers, 452 U. S. 692, 702–703 (1981) ); see Brendlin, 551 U. S., at 258. Three decisions cumulatively portray Terry’s application in a traffic-stop setting: Pennsylvania v. Mimms, 434 U. S. 106 (1977) (per curiam); Maryland v. Wilson, 519 U. S. 408 (1997) ; and Brendlin v. California, 551 U. S. 249 (2007) .
In Mimms, the Court held that “once a motor vehicle has been lawfully detained for a traffic violation, the police officers may order the driver to get out of the vehicle without violating the Fourth Amendment ’s proscription of unreasonable searches and seizures.” 434 U. S., at 111, n. 6. The government’s “legitimate and weighty” interest in officer safety, the Court said, outweighs the “de minimis” additional intrusion of requiring a driver, already lawfully stopped, to exit the vehicle. Id., at 110–111. Citing Terry as controlling, the Court further held that a driver, once outside the stopped vehicle, may be patted down for weapons if the officer reasonably concludes that the driver “might be armed and presently dangerous.” 434 U. S., at 112.
Wilson held that the Mimms rule applied to passengers as well as to drivers. Specifically, the Court instructed that “an officer making a traffic stop may order passengers to get out of the car pending completion of the stop.” 519 U. S., at 415. “[T]he same weighty interest in officer safety,” the Court observed, “is present regardless of whether the occupant of the stopped car is a driver or passenger.” Id., at 413.
It is true, the Court acknowledged, that in a lawful traffic stop, “[t]here is probable cause to believe that the driver has committed a minor vehicular offense,” but “there is no such reason to stop or detain the passengers.” Ibid. On the other hand, the Court emphasized, the risk of a violent encounter in a traffic-stop setting “stems not from the ordinary reaction of a motorist stopped for a speeding violation, but from the fact that evidence of a more serious crime might be uncovered during the stop.” Id., at 414. “[T]he motivation of a passenger to employ violence to prevent apprehension of such a crime,” the Court stated, “is every bit as great as that of the driver.” Ibid. Moreover, the Court noted, “as a practical matter, the passengers are already stopped by virtue of the stop of the vehicle,” id., at 413–414, so “the additional intrusion on the passenger is minimal,” id., at 415.
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1 hour ago, Pato del Muerto said:
Sure. But you’ve gone way beyond what I said. I’m questioning the idea that 2 people heard knocking. Bullshit rumor, or they heard something else, but knocking makes no sense unless you believe it was a planned murder and cover up.
What about banging? Kicking the door in anger. Was the banging the gunshot? Witness testimony can be unreliable, as can media reports. But I can't wait to hear the evidence presented in court.
1 hour ago, Gene Parmesan said:I have no idea how the application of law works in the courts, but my opinion is that key not working coupled with someone else opening your door gets rid of the reasonableness of thinking it's your apartment. Certainly a lot less reasonable than walking up on what you think your apartment that is ajar/open. I have no idea if her case depends on getting a jury to believe that's it was reasonable to think it was her apartment.
It is a factor for sure. I think how she got in will be one of the most, if not the most, important factor.
47 minutes ago, NotActuallyALonghorn said:Under 9.41, it is an either or situation with (a) and (b), correct? As in only one has to be satisfied to justify the use of force? Given that she was carrying her backpack and laptop I believe could she not claim fear of being robbed? The jump from 9.41 to 9.42 does not seem particularly hard. Of course her actions and statements since the incident would have to be consistent with that defense, but given that those sections do not seem to care if she was tresspassing or not it could be a better avenue for the defense.
One or the other. In lawful possession or unlawfully dispossessed. Not a reasonable belief thereof.
She could possible believe it was a burglary or robbery, depending on what actions she perceived. I haven't hear much to support a robbery theory though.
Just that she thought it was her apartment. And presumably he was an intruder.
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50 minutes ago, Pato del Muerto said:
There’s no narrative I can think of where knocking on what you think is your door to what you assume is an empty apartment makes any sense.
How about fucking with the lock. Pissed off, so tired, damn door won't open. Curse the door. Pull it back and forth, jack with the handle. Kick the bottom of the door.
He opens the door, who the fuck are you and what do you want?
She is startled, drops her stuff, he retreats, the door is closing, she draws and pushes it open. I bet she's never been so scared in her life. Shifts immediately into cop mode. She starts yelling show me your hands, show me your hands! Get on the ground!
He doesn't know what the fuck is going on. He makes some movement she considers furtive or threatening.
Pop. Pop.
And here we are.
(Houston) Dad shoots at teens who had paintball guns, kills 19-year-old: police
in Daily Texan
Posted · Edited by 4th and 5
you're right, just now catching up to the "facts" as presented by the media
yet all of those defenses remain possibilities depending on the circumstances
along with one more:
defense of property, theft in the nighttime, if reasonable belief thereof as it relates to vehicle on the property