Will Tyreke be Suspended?
- Thread starter Castasic
- Start date
We talked about this in thread on the speeding vid. I think it's so minor relative to other worse to much worse sins of players suspended in the past - it probably deserves 0. Maybe because of past incident in PA it gets some added scrutiny at NBA HQ. Surely Kings FO is now adament it's a closed matter, with their internal scolding, the people of Calif. sanctioning their penalties - but importantly never an arrest or booking of kiddo Tyreke.
I can't recall the NBA ever handing down a suspension for speeding. Even drunk driving -- a much greater offense -- is normally 2 games. To get 5-10 you'd probably have to shoot somebody and do things to the body.
Because of that damn video I might, MIGHT be able to see 1 game if Stern wants to set a new precedent. It would be eyebrow raising if it was 2. Anymore than 2 would I am sure be subject to an immediate appeal as it flies in the face of anything the league has done before.
Because of that damn video I might, MIGHT be able to see 1 game if Stern wants to set a new precedent. It would be eyebrow raising if it was 2. Anymore than 2 would I am sure be subject to an immediate appeal as it flies in the face of anything the league has done before.
The only idiotic thing I see is ....
In the grand scheme of rape allegations, carrying weapons, being in possession of drugs, assault, etc. this is MINOR!
And don't say, "Well, he could have really hurt someone!". HE DIDN"T! Therefore, it was a 20 year old being dumb, no harm, no foul. If he had hurt someone, and/or himself this would be a different conversaion, and my tune would change. The simple fact is he's 20, was speeding, he got caught, end of story.
In the grand scheme of rape allegations, carrying weapons, being in possession of drugs, assault, etc. this is MINOR!
And don't say, "Well, he could have really hurt someone!". HE DIDN"T! Therefore, it was a 20 year old being dumb, no harm, no foul. If he had hurt someone, and/or himself this would be a different conversaion, and my tune would change. The simple fact is he's 20, was speeding, he got caught, end of story.
But he was handcuffed, which may be the point of confusion. In fact, according to most colloquial and even allegedly legal definitions of "arrest" that I can find, mere temporary detention does seem to count as arrest:
In fact, the only definition I have yet found that certainly excludes considering what happened to Tyreke being considered an arrest follows. However, as it comes directly from a U.S. Supreme Court case (Terry v Ohio 1968) it may carry some weight:
The bold section is what would seem to disqualify Tyreke's detainment from being considered an arrest, as he was promptly released. But I can't actually find a legal definition that says an arrest involves being taken to the police station, or being arraigned, etc. and I wonder if there actually is a precise legal definition.
In fact, the only definition I have yet found that certainly excludes considering what happened to Tyreke being considered an arrest follows. However, as it comes directly from a U.S. Supreme Court case (Terry v Ohio 1968) it may carry some weight:
The bold section is what would seem to disqualify Tyreke's detainment from being considered an arrest, as he was promptly released. But I can't actually find a legal definition that says an arrest involves being taken to the police station, or being arraigned, etc. and I wonder if there actually is a precise legal definition.
I don't want to beat this to death but yes he was arrested for a misdemeanor. He wasn't taken to jail and "booked" he was issued a citation and released. It is similar to shoplifting(petty theft) in the sense that people are normally issued a citation and not taken to jail. But, in the eyes of the law and the penal code it is an arrest.
Man that is scary, to know a player in this league needs to do what you listed in order to get suspended. All those offenses would mean prison.
I wouldn't have mind if the video showed him driving down Highway 5 south past Fresno where there is no traffic, but this guy on I-80 at 6:30pm. And the fact that he didn't get punished bothers the heck out of me.
I wouldn't have mind if the video showed him driving down Highway 5 south past Fresno where there is no traffic, but this guy on I-80 at 6:30pm. And the fact that he didn't get punished bothers the heck out of me.
Maybe the sentence isn't harsh enough? 
http://en.wikipedia.org/wiki/File:John_Waller_in_pillory.JPG
Obviously he could have killed or severely injured others. It was stupid. But the court sentenced him just like anyone else.
http://en.wikipedia.org/wiki/File:John_Waller_in_pillory.JPG
Obviously he could have killed or severely injured others. It was stupid. But the court sentenced him just like anyone else.
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suspended?
for a speeding ticket?
Can you guys drop this already....Jesus
The only reason this is over-sensationalized is because there was a chopper videotaping this thing. Anyone going 100-110 and gets caught for speeding on the freeway looks similar to that video.
Yes it was dangerous, yes it was immature of him. He apologized, the legal penalties were issued. Let's move on.
It was his first offense. If he repeats, then you can start talking about internal discipline.
5-10 games? Are you out of your mind?
for a speeding ticket?
Can you guys drop this already....Jesus
The only reason this is over-sensationalized is because there was a chopper videotaping this thing. Anyone going 100-110 and gets caught for speeding on the freeway looks similar to that video.
Yes it was dangerous, yes it was immature of him. He apologized, the legal penalties were issued. Let's move on.
It was his first offense. If he repeats, then you can start talking about internal discipline.
5-10 games? Are you out of your mind?
One point of correction on this, at least to my mind. The issue isn't speeding. It's driving recklessly. The thing that gnaws a little at me about this is that I sometimes drive those stretches of freeways with my 2 toddlers. Yeah, maybe having kids screws up your mind. Considering the potential for horrific things happening, weaving thru traffic at 100+mph, imo, isn't all that far from a little gunplay in the lockerroom.
That said, I'm fine with his sentence, I trust he's learned a lesson, and hopefully all the attention is for the greater good.
That said, I'm fine with his sentence, I trust he's learned a lesson, and hopefully all the attention is for the greater good.
Because obviously if you are caught speeding your employer automatically slaps you with a 2 week unpaid suspension right?
The entire ability of the NBA to suspend guys for things that happen off the court is part of a vague generalized "morals/good of the game" power Stern has. The NBA is not a court system. In the past it has generally only acted when a player did something that got them arrested (and booked to be accurate). And it didn't HAVE to do that anymore than if you went out and did some of these things your employer would suspend you for it. Because its a vague power, and because uinfortunately there is a video that was embarrassing for the league, I could see a game or two being handed down. But the NBA neither has an obligation nor a history of handing out suspensions for this sort of thing.
This is really a tired comparison. I agree with what you said about the NBA not being obligated either by the letter of the law or precedent to suspend Tyreke, and I agree that it wouldn't be surprising for them to give him a game or two off. But whether your job or my job or anyone who is not an NBA player would be impacted our off the clock behavior or not is really and totally irrelevant. For a number of reasons.
Not to pick on what you said, because we pretty much agree. I'm just tired of seeing people argue "if I did this" or "if I did that". The rules are different. Like it or not, it is what it is.
Not to pick on what you said, because we pretty much agree. I'm just tired of seeing people argue "if I did this" or "if I did that". The rules are different. Like it or not, it is what it is.
Once, during my reckless youth, I was "detained" that way. It worked like this: I was arrested, handcuffed, and put into a holding cell. The police then ascertained that I hadn't done anything illegal, and that they'd totally screwed up. They then handed me a piece of paper which told me that I hadn't been arrested, only detained, and let me leave.
My take on it is that you're arrested, but that the police are permitted to retroactively retract it if you're "detained" for less than 24 hours. Probably saves them a lot of suits for false arrest, as well as allowing law enforcement plenty of wiggle room to deal with otherwise difficult situations.
On topic: I'll guess a 0-1 game suspension, and I don't think that's harsh.
My take on it is that you're arrested, but that the police are permitted to retroactively retract it if you're "detained" for less than 24 hours. Probably saves them a lot of suits for false arrest, as well as allowing law enforcement plenty of wiggle room to deal with otherwise difficult situations.
On topic: I'll guess a 0-1 game suspension, and I don't think that's harsh.