LEO Question RE: Mask Mandates

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  • swampfoxx

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    Correct me if I am wrong, but when you cite a person or arrest them you need to cite a statute (law) that was passed by a lawmaking body, ie, USC, LA:RS, etc. Right? If the Governor enacts a mandatory mask mandate, would you /could you cite someone for not wearing a mask, and what statute would you cite? If there is no statute, there is no law to break, right?

    Not being ornery, just trying to understand how a mandate would work if congress hasn't passed any laws.
     

    Bigchillin83

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    Mandates only work for people who choose to follow them…. But the only way something could happen is if you go into a private business and asked you to leave because you don’t have a mask on and you refuse to leave then you become trespassing, and can be removed ticket it or put in jail for trespassing… not for not wearing a mask
     

    CajunTrooper

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    Correct me if I am wrong, but when you cite a person or arrest them you need to cite a statute (law) that was passed by a lawmaking body, ie, USC, LA:RS, etc. Right? If the Governor enacts a mandatory mask mandate, would you /could you cite someone for not wearing a mask, and what statute would you cite? If there is no statute, there is no law to break, right?

    Not being ornery, just trying to understand how a mandate would work if congress hasn't passed any laws.

    I’m thinking something along the lines of Entering & Remaining After being Forbidden. Hence, a business would have to ask you to leave and you refused to do so, resulting in law enforcement involvement. Businesses have a right to refuse you. Obviously if you felt you were wrongfully refused for a legit reason, you could seek a civil suit, but that is completely separate of the criminal part requiring you to leave the premises.
     

    swampfoxx

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    That's what I do now. I spend my money at places that don't enforce a mask mandate, and will walk out is asked to put on a mask. Funny thing, many stores have a sign stating that a mask is required per state law, even though it is ********.

    Member no mask/no vax krewe. Control subject in worldwide vaccine experiment.
     

    JBP55

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    I’m thinking something along the lines of Entering & Remaining After being Forbidden. Hence, a business would have to ask you to leave and you refused to do so, resulting in law enforcement involvement. Businesses have a right to refuse you. Obviously if you felt you were wrongfully refused for a legit reason, you could seek a civil suit, but that is completely separate of the criminal part requiring you to leave the premises.

    What Cajun Trooper said.
     

    Bigchillin83

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    Louisiana Revised Statue Title 14:63.3

    I would copy and paste but may get booted from BS for not doing it right.

    :D
     

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    buttanic

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    Some places are are just posting signs say you should follow all state virus guidelines. That is what the gym I go to has done. Most will wear the mask to enter and leave and take it off inside. Staff doesn't care. I call this dirt track racing rules because of the "should" not shall or must because that is how the safety rules are written, "should" wear a helmet, seat belts, etc.
     

    dantheman

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    You don't have to be told to leave . If you are forbidden to enter , either orally or written ( sign ) and you do it anyway , or even attempt to , you have violated 14:63.3 .
     

    dantheman

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    I don’t think that logic applies in this particular case.[/QUOTE Someone above said that you needed to be told to leave first . Not the case according to way the law is written . Same as " No shirt . no service " . You've been forbidden by way of the sign . What am I missing ?
     

    CajunTrooper

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    I don’t think that logic applies in this particular case.[/QUOTE Someone above said that you needed to be told to leave first . Not the case according to way the law is written . Same as " No shirt . no service " . You've been forbidden by way of the sign . What am I missing ?

    Using that logic, a police officer is not going to arrest you for not wearing your shirt, unless you’re a female (but that’s another discussion). It takes actions by the owner/employee before LEO will become involved. The officer is not arresting you for not wearing your shirt or mask but rather because you have been asked to leave and you haven’t.
     

    CajunTrooper

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    In addition, the sign I think you are thinking of in the statute has to do with authorized personnel and such. If a business posts a sign that only people wearing blue shirts can enter, the police are not coming arrest you for wearing a red shirt. I hope that clears it up for you.
     

    Bigchillin83

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    as far as i understand it, if the sign doesnt have an ordinance code,then it doesnt hold any weight. exspecially for instant arrest ect.. But you are on private property, and they can ask you to leave because they dont like anything about you, your hair, your shirt, no shoes ect... they call the cops you will have to leave or be arrested... you may have your day in court and win the war with a civil suit but you wont win the battle on that day...

    Either way, as far as i have alwasy understood it, even in the situation of a store with an ordinance code like (no firearms) as long as its not a federal/state building the worst they can do is ask you to leave and file a restraining order on you, assuming you leave when they tell you to and it doesnt get escalated when cops arrive.. then thats a diff story
     

    MOTOR51

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    I don’t care what the sign has on it, if I respond I’m going to ask the business owner or employee if they want you to leave and do they want to pursue charges. It only takes one time for an officer to have to fight with someone only for the business owner to jump on the suspects side and say he only wanted him to leave, not arrested. I’ve learned that lesson the hard way many years ago.


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    Bigchillin83

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    I don’t care what the sign has on it, if I respond I’m going to ask the business owner or employee if they want you to leave and do they want to pursue charges. It only takes one time for an officer to have to fight with someone only for the business owner to jump on the suspects side and say he only wanted him to leave, not arrested. I’ve learned that lesson the hard way many years ago.


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    kinda my way of thinking... didnt somthing simular happen to alton sterling? owner called the cops cause he was bothering customers and pedling illegal cds/dvds... after it was all said and done the owner was for the family and wanting to defund the police and holding events/protest at his store....
     

    dantheman

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    In addition, the sign I think you are thinking of in the statute has to do with authorized personnel and such. If a business posts a sign that only people wearing blue shirts can enter, the police are not coming arrest you for wearing a red shirt. I hope that clears it up for you.
    I didn't need for it to be cleared up . I read the statue . Thanks anyway .
     

    MOTOR51

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    kinda my way of thinking... didnt somthing simular happen to alton sterling? owner called the cops cause he was bothering customers and pedling illegal cds/dvds... after it was all said and done the owner was for the family and wanting to defund the police and holding events/protest at his store....

    No thanks, I won’t be commenting on anything close to Alton sterling on a public forum.


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    Bigchillin83

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    No thanks, I won’t be commenting on anything close to Alton sterling on a public forum.


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    the truth shall set you free!!!!!! from your job, social setting, carrer, ect lol

    come on man i thought i chummed the water and baited the hook good!!!!:mamoru:
     
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