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Baggy Pants and the Nitwits
Posted by TotalAttorneys • 4/10/09 • Subscribe to this Discussion [RSS] • Report This Topic
Topics: baggy pants, criminal defense, florida law, law
Once upon a time there was a cartoon called "Baggy Pants and the Nitwits". I don't think I ever actually watched it, but the theme song has been playing in my head all day today as I contemplate the Constitutional battle raging in Florida over the right to wear low-riding pants with boxers exposed.
www.totalcriminaldefense.com/news/articles/unusual/baggy-pants.aspx?LangTyp...
Does it make sense to crack down on this "fashion statement" in view of the professed connection to gang identity, or is this a tremendous waste of time, effort and money in a time when resources are scarce?
User Comments
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I find the fashion statement that amounts to exposing your underwear or butt crack in public to be personally repugnant. However, IMHO pursuing this crack down is a waste of scant resources.
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Officials in Riviera Beach passed the ordinance out of concern that the fashion trend was associated with gang activity.
I don't believe that a clothing crack down is an effective way of dealing with gang activity. I'm amazed that the police and prosecutors think it is and are willing to squander public funds on what's bound to be an ineffectual tactic.
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Total - this was a huge issue just a year or so ago - in Virginia? North Carolina? I can't remember where exactly. Ah, now I do - Georgia...
I wrote a post about it if any one is interested:
identitycheck-anok.blogspot.com/2007/08/and-theres-more.html
My opinion about it remains the same.
This is a blatant circumvention of the fourth amendment. No longer do police need reasonable suspicion of a person to search them...they now have the "War on Saggy Pants" on their side, and can stop and search anyone under the pretense that its for public safety against indecent exposure. I'm sure it has nothing to do with racial profiling, and blatant spying on citizens. -
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Anok raises a great point here. It's an excuse to stop someone without actual probable cause, and since this is a trend among gang members, odds are good that the guy you want to shake down without probable cause will be giving you the excuse.
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I don't know if you ever watch "Gangland" on the History channel, but it would seem that there is some ineptitude on behalf of the police departments when it comes to locating and identifying gangs and gang members. I can't help but wonder if they honestly believe that stopping people with saggy pants will help them do a better job at locating and identitfying gang members in their area.
I mean, North Carolina didn't even realize they had a gang problem until a little while ago - when a gang related murder went down between two rival gangs.
I mean...hello...they only throw up their gang signs and wear colors and have tattoos of their gang logos on them....*shakes head*.
This will serve to distract them from too many real criminals out there. A lot of people wear saggy pants, most are not gang members. (Reasoning: there are more non gang members in any given state than gang members - so there will naturally be more saggy pant wearing non gang members than saggy pants wearing gang members).
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When I graduated from high school, our class trip was to Disneyland. There were lots of rules like no colored shoelaces. This was because the color of laces id'd your gang affilitation. If some poor ignorant person (like me) didn't know that fact, they might be attacked by a rival gang member. Disney did not want gang wars or innocent people victimized.
I don't think the cops should stop someone just for wearing baggy pants but I do think they should be able to keep their eye on this person (within the laws) to rule out gang affiliation. (Are you guys gonna kill me for saying this?!)-
I think that depends on what you mean, Lizzy. Well, we won't KILL you one way or the other (we don't have the right kind of pants). But are you suggesting that some greater level of scrutiny should be allowable for men wearing their pants this way than for anyone else who aroused an officer's suspicions?
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If they're actual gang members, the odds are that they're going to do something illegal at some point. Why don't we wait until there's actually something to prosecute rather than outlawing stupid fashion decisions. Either that, or Speedos go on the list, too, except for licensed wearers. Gaudy Hawaiian shirts, too, and platform shoes, and tube tops. Oh, and anything else I deem stupid or so nasty as to be incapable of being worn in an attractive manner should be illegal, as well. There are whole brands of athletic shoes that could end up on the chopping block.
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I think that suspected gang members already get watched a bit closer - but saggy pants shouldn't be the indicator, as many, many people wear saggy pants who are not in gangs.
Police should be watching out for gang symbols, colors, and people who are clearly dealing drugs (it's not like they hide it all that well, honestly.)
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