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Is it unlawful to wear a sign that says . . .?

Los Angeles, CA |

Is it unlawful in Calif. to wear a sign which reads "DEA/LAPD INFORMANT WHO LIES AND SETS UP INNOCENT PEOPLE LIVES HERE" while moving on a public sidewalk in a residential neighborhood in front of the home of the DEA/LAPD INFORMANT?

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Attorney answers 3

Best Answer
Posted

It might be.
Some states have laws about releasing the ID of an informant, because it puts them in danger.
There can be certain restrictions on the First Amendment.
Google Justice Holmes and his opinions, including about yelling Fire in a crowded theater. In fact there's an excellent, relatively new book analyzing Holmes's First Amendment jurisprudence. That could also be an good way to occupy your time.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Posted

Legal? Criminally or from a civil point of view?
First impression is it is an exercise of free speech.
Second thought, what about the possibility of endangering someone's life?
There mmay also be lawfull restrictions on your ability to parade around with a sign.
Bottom line, is there are better ways to address the "problem". Especially so if you are connected to the defendant. There are disuading witness laws in this state.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Asker

Posted

Thank you sir. The referenced informant is not a defendant at all but a regularly employed "agent "of the LAP/DEA who they failed to protect the identify of. From a civil point of view I assume the 1st Amdt. covers me but not so sure about if I would be violating any other law [s].?

Posted

Next month you will be posting on Avvo about how the cops are harassing you for no good reason. This will be the reason.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

For your information, when I post a question on Avvo it is not to be given a patronizing reply but to receive an answer addressing my question, which you failed to do. Secondly, the informant I reference in my posted question is the same informant responsible for furnishing false information to the DEA/LAPD, setting me up for prison term [potentially a life term] resulting in my imprisonent. So I will not be whining about being harassed "next month" by the cops and I am certainly glad your not a criminal defense attorney because you have no business defending anyone in that arena..

Robert Pecco Baker

Robert Pecco Baker

Posted

Dear Asker- I am sorry that you did not like the response but she is correct. If you did what you proposed you would be exposing yourself to harassment. LAPD is not going to sit by while you compromise an informant. Irrespective of the legality of your plan, you still may be arrested and charged. Not good. Frankly, it is a childish reaction to a real problem. Why would you picket his home and reach a few people when you can go on line and reach the world in any event? And what is the point? Are you trying to get this person killed? There are any number of possible claims that LAPD/DEA and the informant can bring against you so my advice is not to do this. But worse, it could lead to an altercation and injury or death. YOu were not taken seriously because this does not appear to be well thought out on your part.You beat the charge, apparently, so that is good. But the best course of action is for you to let this go. I do not know what you may have done to alienate this informant if anything, but if you treated him as you just treated Ms. McCall that could explain it, no?

Asker

Posted

If you read the question I initially posted. it states the informant "lied" and "sets up innocent people". You stated you did not know what I had done to "alienate this informant if anything." . Perhaps if this person (who I did not even know ) who you do not know told the LAPD/DEA you were selling cocaine (when you were not) and then arranged for the cocaine to be found at your residence or in your possession/control causing your arrest, conviction and potential exposure to a life term then maybe you would not be so quick to assume things. As for my beating the charge, my comment to your colleague clear states this informant caused my "imprisonment" which means I went to "prison" and not a county jail. You also stated there are any number of possible claims that the LAPD/DEA can bring against me. Please elaborate as this is the purpose of the question I posted. I admire your standing up for your colleague but I would like to know if you are a man of such constitution that if in the unfortunate event that you were in my situation, lost everything, including your freedom, and almost lost your life while incarcerated would you take your own advice you exhort me to take? It is not "childish" when someone goes out of their way and tries to put you in prison for the rest of your life. You should seriously think about that. When anyone tries to deprive you of your freedom for the rest of your natural life this is not "childish" to me. Please explain to me the moral distinction (not the legal one) between setting a person up to go to prison for the rest of their life and killing someone?

Robert Pecco Baker

Robert Pecco Baker

Posted

Everything in my answer down to "You beat the charge.." is correct and it is still my advice. Now, since you did not beat the charge you are a convicted felon, so LAPD is going to come after you even harder. I am not going to expound on the legalities because I do not want to participate in your evaluation of whether you should do this. You should not. It could lead to injury and death. It is extra-legal action challenging in essence the results of a trial. The time to have gone after this informant with everything you had was the trial, or appeal. I do not know exactly how he got access to your home to plant cocaine without your knowledge, how he convinced the LAPD that he had this knowledge, and how he was able to testify to and convince a jury that he had the knowledge. This is why I raised the issue of a dispute between you and the informant- he had to have known you it seems to me. It all sounds bizarre. If you pleaded guilty then this is sour grapes- you had a chance to take him down but wilted. In any event, only bad things can happen if you follow through on your plan. If you do so anyway, what is your plan when LAPD finds this advice on this site yet you plowed ahead irrespsective of it?