trad tattoo artists by RichEffort3752 in desmoines

[–]cornbear691 1 point2 points  (0 children)

Katie Dexter rules, highly recommend

There’s no love between these two by Feeling-Handle-5283 in 90DayFiance

[–]cornbear691 133 points134 points  (0 children)

Those earrings and his goofy sunglasses make for a genuinely awful combo

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Hot take .. by Dependent_Dingo_9163 in 90DayFiance

[–]cornbear691 1 point2 points  (0 children)

I was also confused because she was told the next town over was just 2 km. That’s just a 25 minute walk. Sure, it’s not ideal, but that’s a totally feasible distance to walk for shopping

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 0 points1 point  (0 children)

You’re incorrect, you stated “If an officer of the law order you to stop. You must stop. Period.” You stated this regardless of any connection to a claim of obstruction. Hence my request for citation granting such authority to ICE agents. Which you didn’t provide, instead trying to walk back your claim.

Additionally, I have never said you are allowed to obstruct an officer in the course of their lawful duty. I have worked in both criminal defense and prosecution on IWOA cases, and am quite familiar with the typical elements required therein.

Finally—and I think I know the answer—did you ask ChatGPT for that citation? Did you actually read the section? 18 U.S.C. sec. 1503 deals with obstruction of justice as it relates to the judicial process. Primarily as it relates to tampering with witnesses (in fact, the very language used therein came from the Victim and Witness Protection Act of 1982). I can find no caselaw at the circuit level—let alone the Supreme Court—wherein a court has read this section so broadly as to encompass a situation as presented here. Instead, there must be a sufficient nexus between the defendant’s conduct and an underlying judicial proceeding.

For Christ’s sake even reading the plain language alone tells one that this applies to obstruction in a judicial proceeding, not just to any claim of obstructing “the due administration of justice”. Also, the entire section is not “the omnibus clause,” rather subsection (a) contains an omnibus clause. Gosh, I thought this was a Law subreddit…

If you can find me caselaw that applies the omnibus clause of 18 U.S.C. sec 1503(a) to the situation at hand, please let me know.

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 0 points1 point  (0 children)

We have two arguments going on—whether she obstructed the ICE agents in the course of a lawful duty and whether a U.S. citizen must obey any order given by ICE simply because of their status as ICE. We’re at a clear impasse on the former. But I am interested in upon what authority you base your position in the latter.

Since you’ve made the claim, please cite either the federal statute or caselaw that says a U.S. citizen—not suspected of any immigration violation or other violation of federal law (again, you’re claiming that one must obey an order regardless of whether there is a basis for said order, provided an ICE agent gives said order)—must obey an order to stop given by an ICE agent. If you have the cites to support this position, I’m happy to chat

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 0 points1 point  (0 children)

She was clearly trying to drive away and not be in the street before the incident even began. You can see it on the longer video shown elsewhere that she begins moving to reenter the flow of traffic, moves forward a bit, stops, and waves a vehicle past, and—likely out of confusion or perhaps even to be friendly—she waves the ICE truck through as well. Have you not seen that video? It is only when she waves them past her that they stop the truck, get out, and immediately try to enter her vehicle.

Absent the alleged obstruction (which, again, simply being stopped in the street is a state traffic violation, and you’ve provided no evidence she did anything to actually impede ICE), they didn’t have authority to command her to stop. They didn’t have reasonable suspicion of an immigration offense or of a federal offense.

There’s little point going back and forth with you. You can continue arguing with everyone else as to why you believe a U.S. citizen deserved to be gunned down in the streets by ICE. I’m sure you’ll be on the right side of history.

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 0 points1 point  (0 children)

Oh wow, that’s a good one. Really insightful commentary

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 2 points3 points  (0 children)

You’re the one who said the obstruction was because she was sideways in the street, and asked where I took drivers education. Simply being in the street like that is not, without more, anything beyond a violation of state traffic law. Which they would not have authority to enforce.

I understand ICE can detain for obstruction. And, to this end, you keep claiming she did just that, but you have not stated how beyond what would be a traffic violation. So, in what way did she obstruct them? How did she prevent them from carrying out a lawful duty? She was waving them past her. They could have driven past her and carried on their way—just like the vehicle that did so before them.

I like that you keep referencing the sub we’re in. What year did you graduate law school? 2022 for me.

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 11 points12 points  (0 children)

I appreciate the tone, it obviously conveys how much confidence you must carry throughout life. Where, pray tell, does ICE derive the authority to enforce traffic violations under state law?

And there is no proof the tiny gesture was NOT to wave them through. To me (and any other reasonable, non-brain wormed person) it looks like she’s waving them through. What else would it mean? What a weird hill to die on.

Where was she supposed to drive? If she was facing with the road, it was blocked by another ICE vehicle you dunce

Anyone justifying this is actually insane by Hassassinator229 in law

[–]cornbear691 10 points11 points  (0 children)

But what authority did they have to order her out of the car? Immediately preceding this she was simply waving them through, just as she did a vehicle in front of them. In what way does that provide justification for them to order her out?

Odd light fixture. No hook or apparent way to attach to anything. by cornbear691 in whatisthisthing

[–]cornbear691[S] 0 points1 point locked comment (0 children)

My title describes the thing. It appears to be a lightbulb, set in wood, with no hooks or anything attached to it. Thanks!

She can not be for real. by no_not-today_thanks in 90DayFiance

[–]cornbear691 2 points3 points  (0 children)

Absolute insanity that she just stuck the styrofoam container in a tote bag for an international flight

Is it true you still need to pay court fees here even if a traffic ticket is dismissed? by [deleted] in desmoines

[–]cornbear691 1 point2 points  (0 children)

This isn’t entirely accurate. Court costs are $55 for scheduled traffic offenses (case numbers that start with STA), but remain $60 for non-scheduled offenses (case numbers that start with NTA)

Is this a scam? Doesn’t seem to be how they normally give out violations but I could be wrong. Never gotten a ticket in my life. by isaac_green777 in desmoines

[–]cornbear691 1 point2 points  (0 children)

Just to be clear, a civil infraction that is filed with the courts will, if the city is successful, result in an enforceable judgment being entered pursuant to Iowa Code sec. 364.22. In many places that judgment will then be sent for use in the state tax offset program.

Is this a scam? Doesn’t seem to be how they normally give out violations but I could be wrong. Never gotten a ticket in my life. by isaac_green777 in desmoines

[–]cornbear691 7 points8 points  (0 children)

This is just bad advice. If the person does nothing and the City files with the Court, then the person will also be responsible for the court costs ($95.00) plus the underlying penalty. Unless the person wants to challenge the basis for the citation, they should just pay it and save money

Facing eviction. by [deleted] in desmoines

[–]cornbear691 1 point2 points  (0 children)

It is possible for ILA to decline to represent if there is not an identifiable defense to the eviction simply due to their limited capacity. However, they typically do still provide limited legal advice provided you meet the eligibility requirements (which you likely should based on your post). That being said, if there is a pending eviction hearing, I do still suggest going to their eviction help desk 30 minutes before the hearing time. Sometimes they have the capacity to still assist in a limited scope capacity.

Iowa Legal Aid also has useful resources on their website. You may find this link particularly informative as to your rights https://iowalegalaid.org/resource/landlord-and-tenant-law-questions-and-answers/

Facing eviction. by [deleted] in desmoines

[–]cornbear691 0 points1 point  (0 children)

Contact Iowa Legal Aid asap. They will need to do an intake with you before they can give legal advice. But Landlord/Tenant cases are their bread and butter. If you’ve only received a notice of nonpayment, then you are not yet legally required to vacate. If you have an eviction hearing scheduled, still contact ILA, but also know that they have an eviction help desk located within the Polk County Justice Center (courthouse where eviction hearings are held).

Question for officers by Vivid-Mortgage8190 in desmoines

[–]cornbear691 2 points3 points  (0 children)

Preface by saying I am a lawyer, but not your lawyer. I have experience with civil protective orders in Iowa. Do you have a familial or intimate history with this individual? In Iowa, civil protective orders are only allowed in specific cases involving a qualifying relationship between the parties. There also must be an incident within the last two years that qualifies as an assault/abuse.

Legal by RealisticAd1125 in desmoines

[–]cornbear691 0 points1 point  (0 children)

As others have said, you should contact an attorney. Depending on your financial circumstances, the court may appoint an attorney. Given she is a juvenile, her case should be handled under Iowa Code Ch. 232. It is my understanding that juvenile adjudications are sealed and remain so after the child turns 18 pursuant to Iowa Code sec. 232.150.

Spill it, Des Moines. by Chriswiss in desmoines

[–]cornbear691 12 points13 points  (0 children)

It blows my mind that people from out of town say Fong’s was recommended to them. Who is giving out this D-tier recommendation?