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They should have walked away when they had no reason to arrest him. Their ego's got the best of them though.
And they still would not be allowed to do so. We see here why they can't.
Not having a go at you but where does this line of thinking come from? Do you understand what police work is? Do you know that if you are commiting a crime or even reasonable suspicion, you can be detained for officer safety- meaning placed in handcuffs but not necessarily processed.
It could have been a situation where they placed him in cuffs cause he is so big, checked him for any illegal substance or cigs, had a talk, and let him go...
I am not a legal expert of any kind, but I know that a judge or jury generally look at these three things when determining if the officer overstepped his bounds:
1. whether the plaintiff was resisting arrest ( He perhaps did in this case)
2. and to what extent; (He was just standing there arguing, not like he was attacking any of these officers)
3. was the plaintiff armed; and what force did the officer actually use to compel compliance by the plaintiff.
He was not armed, and if choking is considered brutality and is banned..
The cops had been dispatched because of a complaint.
Notice their uniforms.
Exactly. The owner of the store sells loose cigarettes and this clown was illegally poaching customers by doing the same in front of his store without a vendors license.
Not having a go at you but where does this line of thinking come from? Do you understand what police work is? Do you know that if you are commiting a crime or even reasonable suspicion, you can be detained for officer safety- meaning placed in handcuffs but not necessarily processed.
What was the suspicion? There has to be a reasonable suspicion. There was none here. He just happened to be there when the cops were called to break up a fight. They can't say "hey, you over there, we don't care much for you, you are under arrest".
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It could have been a situation where they placed him in cuffs cause he is so big, checked him for any illegal substance or cigs, had a talk, and let him go...
They are not allowed to search him without reasonable suspicion. Just being on the sidewalk is not a reasonable suspicion, though it does seem that being black on the streets of NYC is reasonable suspicion. It needs to stop.
I am not a legal expert of any kind, but I know that a judge or jury generally look at these three things when determining if the officer overstepped his bounds:
1. whether the plaintiff was resisting arrest ( He perhaps did in this case)
2. and to what extent; (He was just standing there arguing, not like he was attacking any of these officers)
3. was the plaintiff armed; and what force did the officer actually use to compel compliance by the plaintiff.
He was not armed, and if choking is considered brutality and is banned..
When the police went to handcuff him, he told them to get their hands off of him and he did resist.
The choke hold is banned by the NYPD - but it's not illegal.
They were not allowed to use that level of force. He was doing nothing on this day. The police were not called because of him. They were called over a fight but decided to pick on him anyway.
They were allowed because he didn't follow their orders. Are they supposed to turn around and walk away when a person decides not to put their hands behind their back? "Okay, you don't want to be arrested so we'll be on our way."
It doesn't matter why they were called. They don't have to be called to respond to someone breaking the law. If they see it, it's their job to respond. He was breaking the law - the same one he had broken several times.
They were allowed because he didn't follow their orders. Are they supposed to turn around and walk away when a person decides not to put their hands behind their back? "Okay, you don't want to be arrested so we'll be on our way."
I covered this already. Yes, when a person is doing nothing they should just walk away.
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It doesn't matter why they were called. They don't have to be called to respond to someone breaking the law. If they see it, it's their job to respond. He was breaking the law - the same one he had broken several times.
You like others are now just making it up. He had no cigarette's on him. There were no complaints filed that he was selling cigarette's.
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