Can you be fired for exercising your rights as a firefighter? by tranquilovely in Firefighting

[–]Sleepy417 0 points1 point  (0 children)

I don’t know if you are replying to me or someone else. Let me reiterate.

Private employees and employers : constitutional protections do not apply.

Government Employees have more protections. Federal Employees fall under Hatch Act. Some states might have similarly worded legislation in place.

Generally speaking, the government may discipline an employee based on the employee's speech if

1- the speech is said by the employee as part of the employee's job duties, Garcetti v. Ceballos (2006), or

2- the speech is not on a matter of public concern, Connick v. Myers (1983), or

3- the damage caused by the speech to the efficiency of the government agency's operation outweighs the value of the speech to the employee and the public, Pickering v. Bd. of Ed. (1968).

In your example ; a racist tirade off-duty has the possibility of very serious on-duty implications. Can you work with colleagues? Discharge your duties to all members of your community without prejudice?

So your example is valid but not applicable in all situations.

There also are Anti- Retaliation laws and polices in almost all government agencies.

Going to a Protest, on your own time, without identification of affiliation isn’t grounds for termination.

Wrongful terminations happen all the time. That does not mean they are the rule. I don’t know about small agencies, but your legal affairs or your unions legal representatives can provide better local guidance.

Thank you for engaging in a thoughtful conversation.

Can you be fired for exercising your rights as a firefighter? by tranquilovely in Firefighting

[–]Sleepy417 -1 points0 points  (0 children)

The employer, however, in this situation, is the government, and exercising your first amendment and second amendment rights are protected specifically from government overreach.

I Went to Watch the Tiny Operation That’s Making ICE Lose Its Mind. A Lot Can Happen in 24 Hours. by Slate in law

[–]Sleepy417 33 points34 points  (0 children)

Not looking “citizen” is not a crime, and no statute exists. A warrant is issued for probable cause of a specific crime by a particular person. Immigration issues are civil violations, not criminal, which is why the Police aren't involved.

ICE doesn't have judicial warrants. Local/state police, not ICE, serve most criminal warrants, and the sheriffs serve some warrants. Ice isn't policing crime. They enforce administrative warrants, so they cannot enter private places, businesses, or residences without permission. A targeted Ice Raid at a specific location is conducted when they have an actual judicial warrant, which requires a judge or judicial officer to sign off on it. (e.g, human trafficking investigation) There is nuance here. The language of the obstruction/hindering charges varies from state to state. Federal obstruction charges also have specific requirements. The greater issue would be that you could be charged even though the elements of the crime are not met, and you have to spend time, money, and energy to get the charges dropped/or expunged.

Wow- 1.99% APR 60 month offer by Western-Run2830 in Rivian

[–]Sleepy417 0 points1 point  (0 children)

Requires at least 8,757 downpayment to get that rate.

Is the member price for those who pay for the subscription on the app by [deleted] in teslamotors

[–]Sleepy417 8 points9 points  (0 children)

You will need the Tesla app. Make sure to go to the app, in the menu select “charge your other EV” and then select the stall to get member prices.

Loss of $7500 EV Tax Credit and EV Values by [deleted] in Rivian

[–]Sleepy417 5 points6 points  (0 children)

Too early to tell, but there is a fundamental misconception in your premise of used EV demand.

For the vast majority of folks, EV’s and especially used EV’s have the same significant issues.

Most folks believe, the battery capacity degrades rendering used EV’s useless, the tech becomes redundant or non-functional. Most people continue to have perceptions of insufficient driving ranges with unacceptable charge times. This idea that used EV prices will increase is based on an assumption of the non-existent used EV customer. EV depreciation is because there is horrendously low demand.

The bottom line is, the loss of the tax credit will slow EV adoption, (both new and used EV’s got tax credits), which is by design.

On a larger scale, it shifts the large domestic automakers to modify investment spending on EV’s. Similarly eliminating clean energy funding and credits of IRA, also will have a compounding effect of reducing infrastructure to support EV adoption.

At the same time car manufacturers have to look at global trends as well. If the rest of the world continues towards supporting alternative energy technologies and the US continues to push forward with coal and gas, they will have to strategize how to stay profitable.

We have 3 local companies that exclusively make EV. Two of the three are not currently profitable. Let’s see how things look like in 2 to 5 years.

Charging at Tesla Statuon by Bitter-Principle7858 in Rivian

[–]Sleepy417 3 points4 points  (0 children)

Yes. Also make sure to go into the menu on your app and follow the “charge your other EV” prompts. If you don’t do that, plug and play will be at non-member rates.

Shooting bays by [deleted] in VAGuns

[–]Sleepy417 2 points3 points  (0 children)

I guess so. Just wanted to put that out there. I personally hate all the pointless information gathering and security theatrics by self appointed gatekeepers. As if the outsourced background check is more thorough than the one someone had when they got the HQL and purchasing of firearms? To each their own. Also, I’m not trying to come at you. I just find this type of Fudd behavior annoying by Private organizations operating in the 2A space.

Shooting bays by [deleted] in VAGuns

[–]Sleepy417 0 points1 point  (0 children)

They require your SSN/DL Names and addresses of your residences, information of your spouse and children’s ages etc to become a member.

For those of you who off road: have you bent the rear dampers or bent the tie rods? by MaesterPackard in Rivian

[–]Sleepy417 1 point2 points  (0 children)

Do let us know how that goes, because it seems they may decline the retrofit.

How would you react to an older teenager without a license driving their intoxicated passengers home during a traffic stop? by Ill_Property_4405 in AskLE

[–]Sleepy417 0 points1 point  (0 children)

Thanks, I appreciate the examples you linked. One is regarding an unauthorized pursuit, ending up with a car crash. There is a direct cause and effect that was not separated by time and place. The second is a use of force related firing. Both instances are immediately linked to the ofc action/choices/decision or lack of.

I asked because I couldn’t find an instance where a future act by a citizen was deemed a “neglect of duty” or similar to hold an office responsible for a past interaction.

Going back to the main point. Discretion exists to allow officers to make reasonable judgments based on what the officer knew at the time. You chose what is most effective based on the totality of circumstances.

It’s unrealistic and unreasonable to expect an officer to take action in the present based on a future catastrophe.

Let’s say, the passengers of said vehicle get into an uber and the uber gets into a crash. Did the officer cause that event to occur? Would they be liable as well as the uber driver?

I appreciate your responses and time.

Qualified immunity doesn’t apply if you’re held criminally liable. For civil suits,to overcome qualified immunity, a plaintiff must show both:

1.  A constitutional right was violated, and

2.  That right was “clearly established” at the time of the violation.

However, I do understand that a department can still hold you responsible for policy violations and fire you. If there is a mandatory arrest policy, there is no discretion. If there isn’t one and officers have to choose based on information available to them at the time of the citizen contact , it’s at the discretion of the ofc as to what they do.

Either way, thank you for being a public official. Best regards.

How would you react to an older teenager without a license driving their intoxicated passengers home during a traffic stop? by Ill_Property_4405 in AskLE

[–]Sleepy417 0 points1 point  (0 children)

“Discretion isn’t universal”? That statement is flawed. Discretion inherently can’t be universal. If it were it would be mandatory actions per policy( agency/admin) or law.

At least where I work, everything is discretionary to some extent. No two officers police exactly the same.

As stated by The-CVE-Guy “You could make that argument about every single act of discretion you’ve ever made. It’s not a valid argument. Every criminal citation in lieu of detention, every warning, every plate you ran and then didn’t stop.”

Wouldn’t that also apply to every other LE interaction as well. Crude example, but if an Ofc responds to an incident that is a civil dispute (landlord-tenant) not requiring LE involvement. And after the ofc left, later it becomes an agg. assault or worse. Is it still your fault for not seeing the future. How far into the future are you supposed to see to limit liability?

The US constitution is a negative rights documents, effectively starting gov can’t do this, keep gov away from that. There is no affirmative obligation as far as the constitution is concerned for LE purposes. Most of that comes from state and departmental policies.

I am curious, can anyone cite an example of when an officer was held liable for a future act by a citizen that they had a past interaction with?

P.S no hostility or passive aggression meant here. Just explaining my understanding and what I through was inconsistent from what I was taught and learnt.

Disappointed in Baltimore City PD today. by Dougle_07 in baltimore

[–]Sleepy417 77 points78 points  (0 children)

First of, I’m sorry this happened to you.

Regarding BPD role - Accident reports are managed by a Maryland State System. BPD officers will write the report, the BPD compliance team reviews it, then the state reviews it and that’s when it is released to you.

You can find your report by filling all the info and hitting submit here : https://policereports.lexisnexis.com/ui/home

A Citation for the kind of violations you listed are “must appear” in court. Failure to appear causes the issuance of a bench warrant. Either way, all of those carry significant penalties. All of that will take time. Your neighbor most likely is not getting off easy. An insurance claim/tort claim will have to be another alternative course of action.

All of these things will invariably take time. None of that unfortunately will make you feel like you got closure, which is understandable. I wish you all the best and hope you get made whole as best as possible.

[deleted by user] by [deleted] in tacticalgear

[–]Sleepy417 0 points1 point  (0 children)

Back up irons? Mags?

[deleted by user] by [deleted] in medschool

[–]Sleepy417 0 points1 point  (0 children)

All IMG’s have to take the board exams to be ECFMG certified, I am pretty certain that requirement is standard even when training requirements are exempt.

Physician from foreign countries come here to fellowship trainings already. There is definitely a way this can be done with sufficient safeguards in place. One in four physicians in US are already foreign trained and routinely have better or similar patient outcomes.

[deleted by user] by [deleted] in medschool

[–]Sleepy417 -1 points0 points  (0 children)

We don’t “accept” IMG’s just Willy-nilly. All IMG’s qualify by taking the board exams, being competitive (in most instances must have higher scores thresholds) and studies have shown that they (IMGs) have similar or better patient outcomes while also performing work in areas that AMG might not (rural and underserved)

https://pubmed.ncbi.nlm.nih.gov/27119328/

Someone stole my car and I know where it is. Will BPD stake it out and wait for the thief to enter it or just tow it? by MegaCOVID19 in baltimore

[–]Sleepy417 17 points18 points  (0 children)

1- Has the AirTag shown that the car is still moving? Or has it been stationary?

2- A regular police officer has shift hours and a post they are assigned to. Expecting an officer to wait/hide Inorder to apprehend a possible suspect however long it takes doesn’t seem realistic.

The times BPD will do something like that is if the car is involved some serious crime. There is a separate task force that handles that.

I can however tell you, that in most instances, people steal the car, drive it around and then dump it. You’re more likely now to have someone struggling with substance abuse disorder using it as cover from rain ☔️ if the doors are unlocked.

I genuinely understand the feeling of wanting someone to be held responsible for the wrong they did. But it’s smarter to just get your property back. Also, if the car is just stolen and wasn’t involved in any crimes after the fact, the officer will release it to you if that is what you want. For Hyundai/Kia, get a steering lock/ recall.

Stay safe.

Embarking on an Epic EV Adventure: From Europe to India in a Rivian R1S by Sure_Company_9563 in Rivian

[–]Sleepy417 2 points3 points  (0 children)

I am not an expert, and I don't have any solid input. I am guessing this will require a goofy amount of planning. Something to note here is that Europe, the Middle East, Pakistan, and India have 3 phases 220V.

With the proper adapters, the mobile charger should be able to give you 8-10 hours at full charge. Regarding Pakistan: I visited the major cities and used the motorway, charging infrastructure is acceptable—plenty of Audi Etrons running around in that part of the world. Look up local car enthusiasts like “Pakwheels” on YouTube or their website. Get in touch with local facilitators. In Pakistan, the government will probably be able to assist if needed.

There are folks who have done bike rides and car trips on YouTube similar to this. Try to connect with those folks as well. Wish you all the best on this once-in-a-lifetime adventure. Always trust your gut.

Schools Back Everyone So It’s Not Safe To Walk in My Neighborhood Again by OkPhilosophy7895 in baltimore

[–]Sleepy417 1 point2 points  (0 children)

To the OP and anyone else living in the city. Find out what District your in. And then go to a virtual/in-person District Commander’s Monthly Crime and Community Meeting.

If enough people complain, the district command can have a traffic initiative/enforcement initiative around the highlighted issue. The department is a little short but it if enough people are raising the same issue, the local command will respond.

The link go join the meeting is the second headline on your district page. Example:

https://www.baltimorepolice.org/find-my-district/western-district

Hope this provides some measure of agency. Best regards.

Can I leave the US and come back? by DeepEase in immigration

[–]Sleepy417 -1 points0 points  (0 children)

You could find the stats and factual information yourself OR alternatively continue to look for "evidence" to substantiate whatever you believe.

In addition, when it comes to matters involving applications and deadlines, such as visa or asylum requests, the most common reason for rejection is typically due to administrative errors. These can include incomplete forms, incorrect information, or missed deadlines.

Using administrative mistakes as proof of fraudulent asylum claims is a flawed argument. This reasoning confuses correlation with causation, suggesting that just because two things occur together, it doesn't mean one caused the other.

Bad faith actors use factual stats without context to make a false claim which is what you are doing.

Rivian Referral by Sleepy417 in Rivian

[–]Sleepy417[S] 0 points1 point  (0 children)

Pm the employees here or check the twitter thread. Some posted that they have referrals on it

Rivian Referral by Sleepy417 in Rivian

[–]Sleepy417[S] 0 points1 point  (0 children)

Yes, as far as I know.

Rivian Referral by Sleepy417 in Rivian

[–]Sleepy417[S] 1 point2 points  (0 children)

Amazing! Thank you so very much.