Re: Winston Shepard arrested. « Reply #100 on Jun 27, 2012, 8:23pm »
1. Im sure about half all all college basketball players smoke weed from time to time. 2. Im sure about half of all SDSU students smoke weed from time to time. 3. My best friend got caught on campus with 5 pre packaged gram bags when we were freshman. Nothing went on record, had to take a couple classes about not doing drugs, and had to write a essay on why drugs are bad. thats it. no fine, nothing. 4. Weed is still illegal? 5. I think this only warrants a 3-5 game suspension. 6. Tre'Von Willis beats women.
Yes, we established a while ago. My beef is just that the UT is slandering Winston Shepards name because one can't be arrested for possessing marijuana the same way you can't be arrested for jay walking.
The UT reported exactly what they got from the SDSU cop shop. No slander, sorry.
You obviously aren't aware of the California marijuana policy..
From NORML.ORG In California, being charged with codes 11357 a & b will be treated similar to Traffic Violations, where (if you are found guilty) you will not be arrested but ticketed, given a fine.
Plain and simple you can't be arrested if you possess less than an ounce. Either SDSU police or the UT is lying. The end.
Man...can you imagine what would have happened to the great UCLA teams of Kareem and Walton in this day and age?? Have you ever read Kareem's book or Walton notes? The whole team would have been suspended for many consecutive years! On Kareem's team they had a forward who would make runs to Mexico to buy pounds at a time.
I believe Lucius Allen, the SG for UCLA, was suspended for the whole season for having a small amount of marijuana, but it was his second offense.
The UT reported exactly what they got from the SDSU cop shop. No slander, sorry.
You obviously aren't aware of the California marijuana policy..
From NORML.ORG In California, being charged with codes 11357 a & b will be treated similar to Traffic Violations, where (if you are found guilty) you will not be arrested but ticketed, given a fine.
Plain and simple you can't be arrested if you possess less than an ounce. Either SDSU police or the UT is lying. The end.
Again, that's not even remotely close to being libelous.
You obviously aren't aware of the California marijuana policy..
From NORML.ORG In California, being charged with codes 11357 a & b will be treated similar to Traffic Violations, where (if you are found guilty) you will not be arrested but ticketed, given a fine.
Plain and simple you can't be arrested if you possess less than an ounce. Either SDSU police or the UT is lying. The end.
Again, that's not even remotely close to being libelous.
Okay how would you like me to break this down for you?
1st step. Since you can't be arrested for possession under an ounce, the title is false in saying SDSU RECRUIT ARRESTED. The term cited and arrested have two totally different meanings and are not and should not be interchangeable. This is in fact "defamatory language"
2nd Step. He is addressed and identified in the opening statement.
3rd Step. It was published in a newspaper
4th Step. Prove negligence. Winston's ultimate goal is to make it to the NBA, this "public" article will follow him to league raising moral and character issues when entering the league. Although he should have exercised better judgement this issue should not be public knowledge but a citation at the most.
5th Step. Falsity (refer to step 1)
6. Demonstrate personal or monetary harm. This could be the difference between a lottery to a mid first or early second round pick. Again this will stick with NBA teams when his time comes.
Again, that's not even remotely close to being libelous.
Okay how would you like me to break this down for you?
1st step. Since you can't be arrested for possession under an ounce, the title is false in saying SDSU RECRUIT ARRESTED. The term cited and arrested have two totally different meanings and are not and should not be interchangeable. This is in fact "defamatory language"
2nd Step. He is addressed and identified in the opening statement.
3rd Step. It was published in a newspaper
4th Step. Prove negligence. Winston's ultimate goal is to make it to the NBA, this "public" article will follow him to league raising moral and character issues when entering the league. Although he should have exercised better judgement this issue should not be public knowledge but a citation at the most.
5th Step. Falsity (refer to step 1)
6. Demonstrate personal or monetary harm. This could be the difference between a lottery to a mid first or early second round pick. Again this will stick with NBA teams when his time comes.
Yup. But, wasn't the term arrested on the police report? If so it came from a public source and as a public figure it is news worthy.
At least you know it's not slander. I still don't think it's libel either.
Why do they arrest somebody, which presumably means take them into custody, if all they're going to do is issue them a citation?
The decision for a citation is made after the arrest. It gave them an excuse to run his prints, etc, and when he came back clean and due to the amount of "hippy lettuce" he had they likely decided to cut him loose with a citation.
How exactly do you take someone's prints when you don't take them into custody? Ignorant.
They only issue a citation, b/c that is SDPD / SDSU police policy. Once it is discovered that it is only a possession charge (which is only an infraction) a citation is issued and an individual is released. Similar to a speeding ticket....technically you are arrested and released once you sign your ticket and agree to appear in court.
I am sure Mr Shepard is going to do some extra running and possibly miss pre-season games.
Okay how would you like me to break this down for you?
1st step. Since you can't be arrested for possession under an ounce, the title is false in saying SDSU RECRUIT ARRESTED. The term cited and arrested have two totally different meanings and are not and should not be interchangeable. This is in fact "defamatory language"
2nd Step. He is addressed and identified in the opening statement.
3rd Step. It was published in a newspaper
4th Step. Prove negligence. Winston's ultimate goal is to make it to the NBA, this "public" article will follow him to league raising moral and character issues when entering the league. Although he should have exercised better judgement this issue should not be public knowledge but a citation at the most.
5th Step. Falsity (refer to step 1)
6. Demonstrate personal or monetary harm. This could be the difference between a lottery to a mid first or early second round pick. Again this will stick with NBA teams when his time comes.
Yup. But, wasn't the term arrested on the police report? If so it came from a public source and as a public figure it is news worthy.
At least you know it's not slander. I still don't think it's libel either.
I don't believe arrested was on the police report, all that was said in the article was "SDSU police said they consider it a "technical arrest," but he was not taken to jail. He was issued a citation and released"
But anytime you are stopped by an officer for questioning, you are essentially under "technical arrest" from the time the officer begins to cite you, until you sign the promise to appear.
This might have been misconstrued as he had been arrested as opposed to just being cited lowkey.
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