The

Undeniable

Ruth

®

…and the Ruth shall set you free!

  • Reflections on Police Authority & Public Pranks

    ·

    Ruth Carter

    Disclaimer: I am not a lawyer. I am a law student. In accordance with ABA policy, this blog should not be viewed as legal advice. It is simply my experiences, opinions, and stuff I looked up on the internet.

    I took Criminal Procedure this semester to learn more about the legal implications of participating and planning flash mobs and pranks.  While I was studying for my exam, I started to reflect back on Improv AZ’s encounter with mall security and the police last spring and if we should have done anything differently.

    The stunt was simple – we had four agents wearing t-shirts that said “Coroner” across the front and back walk through a local mall carrying a stuffed fake body bag.  The purpose was to see the reactions on people’s faces as they contemplated if what they were seeing was real or a joke.  We were stopped and detained by security who called the local police.  The police spoke with us briefly, mostly struggling to understand guerilla theatre, and released us without citation.  Looking back, I think we could have done things differently.

    When a police officer suspects that a person has committed or is about to commit a crime, they can conduct a Terry stop to briefly stop the person to ask what they are doing.  They can also ask for identification.  If they suspect that the person is armed and dangerous, the police can protect themselves by frisking them for weapons.   If the police find no evidence to create a reasonable suspicion that a crime has occurred or is about to occur, they can’t detain the person any longer.

    Mall Cop
    Image by Mike_fj40 via Flickr

    Mall security, however, are just people.  They have a job to protect the interests of mall merchants and the safety of other mall patrons.  It’s reasonable for them to confront suspicious behavior, but they have no more authority than Joe Blow Average.  I remember from Torts class that when shoplifting has occurred, they can detain the shoplifter for a reasonable time until the police arrive.  That’s a situation where the police know that a crime has occurred.  I think there’s an argument that they don’t have this ability when they concerns about suspicious behavior.

    In some states mall security have government authority, but this is the exception, not the rule.  If they detain someone under the authority of their position without evidence of a crime, there’s an argument that they are impersonating a public servant or peace officer or committing unlawful imprisonment.  I think if we are stopped by mall security during a prank again, we will know that they can ask us questions within the scope of their employment, they can escort us off the private property, but without more than mere suspicion or dislike of our prank, we can probably keep walking if they try to detain us.  We also do not have to show them identification.  They can request it, but there’s no legal reason why we have to comply.

    We have only been questioned by police once in the two years that Improv AZ has been in existence.  We are very thoughtful about planning our pranks to be fun and lighthearted.  The last thing we want to do is take the police away from fighting actual crime.  However, if we are stopped by police again, we have to provide them identification – especially with the police being hyper-sensitive to illegal immigration.  The police can Terry stop us and ask what we are doing.  If the stop becomes a lengthy conversation, we can ask, “Am I free to go?” and if the police respond negatively, we can ask, “In what is this pursuant to?” and see if they can provide a valid reason for our continued detention.  If we have purses or bags, the police can ask to search them, but without at least reasonable suspicion of a crime, we can respectfully decline their request.

    I don’t want to give the impression that I am anti-police.  On the contrary, I support the police preventing and fighting crime.  I also support people exerting their Fourth Amendment rights.  It’s very rare for the police to be summoned to the scene of a flash mob for legal or safety reasons, and it’s important when that happens, that participants know what rights they do and do not have.

    Related articles
    Enhanced by Zemanta

  • MPRE Afterglow

    ·

    Ruth Carter

    I took the Multistate Professional Responsibility Exam – aka the MPRE – this past weekend.  It must seem ironic that future lawyers have to take a test of the ethics of being attorneys before we can be admitted to the Bar.  Given that we’re going to be entrusted with our clients’ money, property, and secrets, we better know what we’re doing.  About halfway through the test, the reality that I will hopefully be a lawyer a year from now was pretty humbling.

    I opted to take my test at Phoenix College instead of Arizona State University.  I took the LSAT there, and since that worked out well, I decided that that place has good mojo for me.  I wish I could take the bar exam there.  I also figured that there would be fewer of my classmates there, which would keep my stress down.

    pencils
    Image by hownowdesign via Flickr

    Besides showing a photo I.D. at the testing location, we also had to attach a passport photo to our admission ticket.  While I was at Walgreens taking my picture I debated between making the cracked-out-on-caffeine face or the sullen I-love-my-job face.  I told the clerk that it was for a test, not a passport.  He responded, “Well, as long as it isn’t for anything legal.”  I opted to play it safe and make the I-love-my-job face.

    Since our careers were somewhat riding on this test, a lot of people were nervous about not doing anything that would result in our scores being cancelled.  One guy in my room raised his hand and asked if it was ok if he got a cough drop from his pocket.  It was cute.

    Taking the MPRE proved to me that going to law school has made me more superstitious.  Before law school I would carry my grandfather’s handkerchief and wear my grandmother’s watch when I was nervous.  Now I carry my grandfather’s handkerchief, my grandmother’s watch, and my grandfather’s rosary with me – and I’m not Catholic.

    Speaking of Catholicism, a woman I met before the test had the best advice about what to do if you get stuck on a question.  She had practiced law in Colorado for twenty years and needed to take the MPRE to be admitted to the Arizona Bar. A judge told her, when in doubt, pick the answer that matches what a Catholic nun would do in the situation.

    When I’m working hard on a project, I have a tendency to put my elbow on the table, rest my head on my hand, and put my fingers in my hair.  This had a tendency to counteract my hair product and make my hair fluffy.  I had some major fluffy hair by the end of this test.  I’m glad I checked the mirror before I walked out of the building.

    On a related note, my sister took the MPRE this past weekend too, though I didn’t know about it until afterwards.  She is going to law school across the country.  Looking at us from an academic/professional perspective, you would never guess we were related.  I thought it was really cute that we took the same test on the same day, 2000 miles apart.  I hope we will celebrate passing MPRE scores for Christmas.

    Related articles
    Enhanced by Zemanta

  • Lessons from Grandpa Jim

    ·

    Ruth Carter

    My grandfather died unexpectedly when I was two.  I have no memories of him.  It’s seems odd that some of the ideas that often run through my head are the lessons that he passed down through his children.

    Growing up, I simply accepted that I only had one grandparent on my father’s side of the family.  My grandfather was someone we rarely talked about, but I learned little bits about him over the years:  he was a Marine; he owned a ranch in Phoenix; and his favorite flavor of ice cream was vanilla.  I gathered that he was a fairly stoic man, and according to others, he would have been content to lead a boring life if it wasn’t for my grandmother.

    My grandfather was only fifty-seven when he died of a heart attack.  I think it was easier for my family not to talk about him because when they did, they had to relive the pain of losing him.  About ten years ago, I got curious and started asking questions like, “What was grandpa like?”  From that came an outpouring of stories about this man and the lessons he passed on to his children.

    1. Life is Choices. This is probably the simplest and the most profound statements I carry with me.  It is absolutely true that a person’s existence is made up of the choices they make – where to go to school, what profession to enter, who to marry, what to do in frightening situations, etc.  Who I am is what I do and what I do depends on the choices I make.  This even applies to what I think about and where I put my energy.  The best part of this lesson is the fact that in every situation, there is always a choice.  Neither option may be desirable, but there is a choice nonetheless.
    2. Finish Strong. I practiced this lesson this weekend during a 5K race.  By the last quarter mile, I was hot, tired, and wondering why I ever thought running was fun.  Regardless of all this, I still dug deep and finished with as much speed as my legs could produce.  I hear this lesson when I get senioritis with school being almost over and when the end of a project in on the horizon and every fiber of my being wants to slack off.  This is the lesson I draw upon when I have to take a deep breath, ignore all fatigue and distractions, and tackle the task at hand.

    When I think about the lessons from my grandfather, I feel like I am carrying part of him with me.  I literally carry a part of him with me too because I carry one of his handkerchiefs most of the time.  It’s comforting to think that I’m not going through the stress and challenge of law school alone, even on the days when I am completely isolated working on homework and projects.

    Photo courtesy of the Carter family.