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

Well that was a road-check. In hillbilly heavens that is an almost nightly thing, although this one was in the day. I wasn’t pulled over, just went through the check like everyone else.

 

It would seem (1)(b) applied, except there was no escalation from passive to active resistance. At least, I didn’t see the youth touch the officer.

I sympathize with the officer: his instincts kicked it. I don’t excuse him because his training should have taught him to be more deliberate in circumstances where he has time to be. Should he be fired? I don’t know. Depends on a lot of factors we don’t know about, so I wouldn’t instinctively recommend it.

 

Correct. 1(b) would apply if there had been active physical resistance. There wasn't. The statute requires that AND (a) or (b).

 

If they’re going to lie about smelling weed or alcohol (which does happen), I doubt they’re going to be deterred because someone doesn’t roll the window down all the way. Those kinda cops pretend they have super smelling skills anyway.

 

Acknowledged that the political observation was taking the thread in a different direction....and all subsequent posts were on topic.

Is there a problem making an observation on two diametrically different response(s) via a vis "authority"? And, I have no issue with someone saying "Oh, conservatives want us to obey the cops but not the Federal Executive branch..." Fair enough - as I said, pick your poison.

Anyone who thinks any profession is always right is not thinking critically (or poster, or moderator, et al). The MO that bothers me is when the response is not on the point made but about the person. Usually, it means a nerve has been hit.

 

FWIW, I roll mine down enough to talk to them, about two inches and I keep my hands on the steering wheel and am always polite. But I refuse to give up any of my rights and don't answer their questions.

From another comment you made, you speaking to the 1996 Whren decision?

SCOTUS unanimously gave that fishing license to police turning the most mundane of traffic infractions into *reasonable grounds* to go on a hunt for criminality. Terribly misguided imo.

 

Well it’s the front driver’s side window which is restricted by law to a certain tint. I have no additional tint. Nor in the rear, although that factory tint is deeper. But you can see in, no problem.

Again, I have no obligation to provide more than that. I have no obligation to do more nor would I ever present as a threat. I do get asked routinely if I’m military (I am not), and I don’t know what the mental calculation is when I say no. But every time I’m asked I add on that not only am I not a badass sniper, I am a lame AF HS science teacher. Hardy har!!! And I point to my school parking permit on the mirror or my badge which I keep draped around my gear shift (on a lanyard.) I don’t know how to be less threatening.

 

Yeah, I think being respectful can go a long way, and that’s even more important if you and/or someone you’re with are actually doing a crime lol. I have seen this play out multiple times.

 

Oh I am not telling you what to do and it wouldn’t give a cop the right to abuse his authority or be a jerk if you’re following the law. I’m just saying for me personally, the window issue is not a battle I would care about fighting.

 

yep, wouldn't occur to me to even try and piss off an officer when I have nothing to hide

 

Why not?

FTR, I don’t intend to either. I speak to them every bit as respectfully as I do my dentist or server or random stranger.

 

Nice. Police often don't like hard "nos." Ego and the sense that they are the law.

Always better to be polite even in the face of unreasonable or hostile police. But firm. After all, they have weapons and and the appearance of the law on their side. But everyone would be well served by not giving up their rights as you didn't in that encounter, even if this means pissing off the officer and causing them to escalate the encounter.

In police encounters, people are typically nervous and become subservient in the face of law enforcement (or authority figures in general). In the nature of humans and the power difference in these situations.

There is also a strong impetus to try to explain away wrongdoing such as speeding out of fear of further trouble and/or in hopes of convincing officers to let them go *this time.*

The situational context & mindset of the civilian and all it entails leads to too many complying w/bullshit orders, and civilians jabbering thus giving up constitutional protections that will come back to haunt them in court.

 

So if ur dentist asked u to open ur mouth a bit further, you would reply, “no, this is the sufficient amount open”?

 

Atta boy. Rile em up.

 

Never a good idea to try to rile police up but sometimes it is unavoidable. Ego and sense of absolute authority (and sometimes laziness) lead police to demand compliance, or else.

 

To each their own

 

Uh, if it was, yes.

Presumably the dentist asks me that because she needs that extra room to work. Wider it is!

What is the equivalent in the traffic stop scenario?

 

Looking in ur car would be my guess. Or the fact that you only rolled ur window down far enough to hand them ur ID. It screams suspicious.

 

Interesting conversation. Without thinking, last time I got pulled over I had my window rolled all the way down before the cop even arrived to my door.