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Cops tase man on busy highway who is then run over and killed by a car

Discussion in 'Too Hot for Swamp Gas' started by BigCypressGator1981, Jul 30, 2023.

  1. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    No, the libbie handshake is top secret. They likely know about my CCP before they exit their car.
     
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  2. ATLGATORFAN

    ATLGATORFAN Premium Member

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    they do
     
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  3. ATLGATORFAN

    ATLGATORFAN Premium Member

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    my way of doing things is just that. Without getting too much into the details…. I have had multiples of hundreds of interactions with all levels of law enforcement. From intense training to talking shop and over that time and experience is where I crafted my suggestions for behavior during a traffic stop.
     
  4. mrhansduck

    mrhansduck GC Hall of Fame

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    I was making a joke about the right wing civil war force. I hadn't thought of the CCP showing up from cops running the plate. Side question - is there a value to renewing your CCP now that the new law is in effect?
     
  5. gator_lawyer

    gator_lawyer VIP Member

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    To be clear, the criticism isn't about your choice to refer to officers as "sir." It's all the other things you think you must do to make them feel at ease.

    Yet again, you demonstrate a contemptible outlook on law enforcement. If I want to act like a "jack wagon" to demonstrate my "knowledge of the law," that's my right. The fact that you are very clearly implying that it will lead to abusive behavior or violence only proves how little you think of cops.

    People in service jobs have to deal with condescending assholes all the time. They don't get to pull out a baton and brutalize difficult customers or use a taser on them or shoot them. They also don't get to arrest people for being assholes. I go out of my way to treat people in service jobs with respect and courtesy. I try to do the same for cops.

    But the idea that I should have to put a bunch of effort into displaying to them that I'm not a threat when they're the trained professional and I'm the anxious citizen dealing with them involuntarily is just sad. And it's even more depressing that you think if I or anybody else fails to do that or if somebody is having a bad day and gives them attitude, that gives police a valid excuse to use violence. Expect more of law enforcement.
     
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  6. ATLGATORFAN

    ATLGATORFAN Premium Member

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    I would be helpful for you to see a team clear a house at 2am for a high risk warrant. Not in a video or movie. In person. Just once. For some Perspective. You just have so little knowledge and experience other than spouting your constitutional bonafides. I also made it clear these are my suggestions of the best way to navigate a situation that has the potential to get sideways fast. It’s what I tell my kids to do. Anecdotally use my advice and apply to ANY of the videos we have seen in the last 3’years and you get different results.
     
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  7. QGator2414

    QGator2414 VIP Member

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    943.1717 Use of dart-firing stun guns.—
    (1) A decision by a law enforcement officer, correctional officer, or correctional probation officer to use a dart-firing stun gun must involve an arrest or a custodial situation during which the person who is the subject of the arrest or custody escalates resistance to the officer from passive physical resistance to active physical resistance and the person:
    (a) Has the apparent ability to physically threaten the officer or others; or
    (b) Is preparing or attempting to flee or escape.

    What am I missing. Active physical resistance appears to be happening (not arguing an attorney would argue that since he was free on his attempt to escape that it was not physical but it certainly could be argued he physically resisted to get away/what is "physical" to one person may not be to another). But (b) certainly applies. The it is not (a) AND (b). It is (a) OR (b).
     
  8. BigCypressGator1981

    BigCypressGator1981 GC Hall of Fame

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    Again, perfectly said.
     
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  9. BigCypressGator1981

    BigCypressGator1981 GC Hall of Fame

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    I fail to see what clearing a house at 2am for a high risk warrant has to do with a routine traffic stop.
     
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  10. gator_lawyer

    gator_lawyer VIP Member

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    That's the job they signed up to do. They also signed up to make traffic stops. They trained for it. They're being compensated for it. It falls to them to do their job well. I don't need excuses.
    The Constitution is the Constitution. The law is the law. What do I need to know other than my rights and what the law requires of me and of the police?
    Yet again, if you want to use your advice, that's your right. But it is not constitutionally required. It is not legally required. When you put people in high-stress situations where they are anxious, they aren't always going to react in an ideal manner. That's especially true when you have somebody having a bad day or when there's extra stress on them (maybe the officer pulling them over is making them late for work, and if they lose their job, they can't feed their kids).

    Cops are the trained professionals. They are the ones who have the power to initiate the stop. The average citizen is being involuntarily involved in an encounter with police. They are not trained professionals. The idea that it is on them to ensure that the cop doesn't escalate the stop and resort to violence is unacceptable. You should have higher expectations for law enforcement and lower expectations for the scared people dealing with them. The cop should be the person we rely on to deescalate. Simple as that.
     
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  11. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Running away from the Po-po is not active physical resistance. He did not do violence or offer to do violence to the cop...he ran.
     
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  12. homer

    homer GC Hall of Fame

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    I’m in the camp of rolling down the window all the way. I feel that if I’m cooperative and the stop is legit, I have a better chance of driving away without a ticket, or only a warning.

    My 2 cents
     
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  13. BigCypressGator1981

    BigCypressGator1981 GC Hall of Fame

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    I agree with this. That’s what I do. You catch more flies with honey than vinegar. I know how they operate and I’m looking for the path of least resistance.

    But I still think it’s horseshit that I have to act like a subservient bitch for fear of getting harassed by a cop who feels disrespected because I didn’t roll my window all the way down - really just so he can sniff in my car. If he can do his job properly (give me a ticket for a traffic violation) with the window half way down, what does it matter?

    I have a crazy cop story I will tell when I have more time to type it out.
     
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  14. mutz87

    mutz87 p=.06

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    It doesn't. The argument that a police officer's job is hard and stressful is sometimes used to bolster arguments about how we should kow-tow to police. Not enough to be respectful or to comply with legit orders, for some at least.

    And look, most here have pretty much agreed about being respectful and many doing things like rolling down windows all the way. Not a problem if that's your (not you personally) thing. But there isn't a legal or constitutional requirement and one can be respectful and compliant with lawful orders but not give up any constitutional protections.

    In traffic stops and terry stops, police are not your friend. Often they're stopping you to possibly write you a ticket or even arrest you.

    So ya gotta ask, what benefit is there to giving up your rights to people who might then use this against you in ways that might hurt you?
     
    Last edited: Jul 31, 2023
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  15. ValdostaGatorFan

    ValdostaGatorFan GC Hall of Fame

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    I've been pulled out of a parked car, made to shape my hand like this :emoji_ok_hand:, and a cop forcefully grabbed my wrist and pulled my hand to his nose. We weren't doing anything. Didn't have anything. It was bullshit.

    I would have stood up for myself if I knew what I knew now.
     
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  16. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Be careful with that. Don't know about Georgia, but in Florida you may legally resist the unlawful commands of a police officer as long as you do so without violence. You may not, however, violently resist unlawful commands unless you are doing so out of necessary self defense. You will wind up with a felony charge.
     
  17. QGator2414

    QGator2414 VIP Member

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    Which gets to my point. We don’t have the evidence to determine that. You made the blanket statement what the cop did was illegal.

    $20 says he is not found guilty by the law of a prosecutor decides to bring charges (does not mean the law got it right). My take is you are a savvy attorney who dislikes those who protect us. So you are going to fight for any angle that makes the cop guilty. And you might be right in this case. But I doubt it…
     
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  18. ValdostaGatorFan

    ValdostaGatorFan GC Hall of Fame

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    Oh, for sure. I would never physically resist. I would have filmed it, though. We were parked at a county park in the middle of the day. Going from being just an innocent passenger to this dude ordering me around and squeezing the hell out of my wrist rubbed me the wrong way.

    I know an officer can order anyone out of a car at a traffic stop, but this wasn't a traffic stop that I'm aware of. We were parked. He didn't mention any kind of infraction, no equipment violation or anything. But at no point did this appear to be consensual. The driver rolled down his window when the officer walked up and shortly after we were all ordered out with no reason given. I don't remember if he asked for my ID, but if he had, I would like to know what he thinks I had or am doing wrong. I can't put into words what a dick this guy was. I got out, obviously, I just don't think he had the authority to order me out, unless he's working with some knowledge that I'm not aware of. I'm pretty skeptical of him grabbing me wrist and jerking my arm to his nose. He did that to all three of us. Then they told us to beat it and they just drove off. I looked like my avatar, except with a cop attached to it just sniffing away. My fingers were almost in his nose. Weird.
     
  19. QGator2414

    QGator2414 VIP Member

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    I don’t disagree. But the idea this is common is ridiculous.
     
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  20. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Watch the damn video. He ran away, he didn't hit, punch, strike or kick anyone.

    You have no reading comprehension....at all. I said in post #12 the prosecutor in Colorado already decided not to charge the cop. I was pointing out the difference in Florida law, that the Taser deployment would have been illegal here. Colorado obviously does not have a similar statute. I still have an issue with the cop Tasing him in the middle of a busy interstate and suspect that police department will ultimately be writing a big check.

    Your notion that I don't ever side with the police is nonsense. I cleared every police shooting I worked on as a prosecutor. The incidents that get brought to Too Hot are generally the ones that are very questionable. Some lawyers might very well disagree with my assessments, but your opinion in a non-factor. You couldn't even work your way through a relatively straight forward statute. The deadly force cases are generally far more nuanced and completely beyond you.

    Your $20 is safe. I'm sure, btw, gambling is on the "not approved" list.
     
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