Is There a Right to Loiter? – Everything Law and Order Blog

Quite a few people sent me this video of Travis Heinze being told to leave Turtle Lake, Wisconsin, for “loitering.” I’m pretty sure I watched this play out in Rambo First Blood. Is this constitutional? Loitering ordinances have been misused by law enforcement for many years. The problem is, they create a criminal offense based on one’s mere presence in a public place, with the lack of any criminal intent. Therefore the police get total power to define who is a criminal, and who is acting lawfully. Of course, this can, and is, misused by police. Which is why the federal courts have addressed the constitutionality of these statutes.

More: https://thecivilrightslawyer.com/2022/08/30/run-out-of-town-for-loitering-is-that-constitutional/

Original Video: https://youtu.be/4ddZy8mqHSk

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27 thoughts on “Is There a Right to Loiter?”
  1. I can see the other side tbh. If you work hard to make your town nice and then suddenly a bunch of homeless people move in and start "resting" in public, it would make it feel less safe.

  2. Loitering laws sound all nice & good until they're used on the wrong guy. One day, the police chief tells a drifter to leave town. The drifter wants to eat first but the cops arrest him for loitering. Next thing you know, the guy escapes jail & is being chased through the woods where he gets the better of the cops & one cop accidentally dies falling from a helicopter after which the National Guard is called in. An Army officer shows up & explains the drifter is actually a highly trained special forces veteran who is highly decorated, even receiving Medal of Honor. The National Guard thinks they kill the drifter in an old mine but they were wrong. Before you know it, the drifter is attacking the town. He blows up a gas station, shoots up the police department, & damn near kills Brian Dennehy but stops himself.

    Later on, the government has to get the drifter out of prison to go on a mission to find POW's still in Vietnam. He ends up finding them, rescuing them against orders, watching a woman he connected with get shot by a Vietnamese officer, & eventually fight off Russians to save the POW's.

    After that, he does similar stuff in Afghanistan, Burma, & then in the US fighting drug cartels.

    In the end, it would have saved a lot of trouble to just let the guy get a meal & continue on his way.

  3. The only criminal in this video was the chief of police.
    Jerseyville, IL is like this.
    If you were not born and raised there, don't be there.
    If they do not know you, like your hairstyle, your color, your nationality, … you will be run out of town, arrested, and tuned up with tasers.
    They also kill children for carrying Bibles.
    Google Roger Holyfield.

  4. You would think this cop realizes how evil he really is but I not so sure. I quite sure he thinks this encounter is simply between Travis and himself. What a surprise he must feel when he realizes how many ordinary people will see the video.

  5. I can't tell you how much I love when cops tell you how they are not going to DISCUSS or DEBATE your rights as they screw you out of them, all for the great and all consuming purpose of getting their way regardless of its legal or not.

  6. The constitution is suspended in Turtle Lake, loitering stand or wait around without apparent purpose. just because you don't know the purpose are too far ranging, if someone is standing he has a purpose his purpose could be standing and count vehicles. This needs to be struck down immediately. Travis got the village to remove that policy, win for the people.

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