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Old 08-03-2018, 09:33 PM
 
Location: USA
13,255 posts, read 12,137,639 times
Reputation: 4228

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Thought this is an interesting case, and has more to do with true "police corruption" than some of the other questionable cases. It involves a situation where a man was assaulted by police when he demanded to see a warrant for his arrest, which the officers did not have.

I'm seeing that a warrant might have existed, but the officers did not have it in their possession when they approached the man.

Posting this because of...

A) Legal procedure. Shouldn't officers HAVE to have a warrant on them to arrest someone who isn't committing a crime, or for certain searches?

B) Was excessive forced used in this case? Any legal experts want to weigh in on officer's rights when they don't have a warrant?




Interesting case. There is video of the incident in the article. And it goes straight to our 4th amendment rights. Thoughts??

https://www.theadvocate.com/acadiana...e=lift_amplify

"A criminal justice expert says Avoyelles Parish law officers who wrestled a Marksville man off a tractor while serving an arrest warrant last year used too much force, needlessly escalating a confrontation that ended with the man's death. A second expert said he doesn't agree the officers used excessive force, but said they may have acted negligently by failing to administer aid once Armando Frank was unconscious.

A video recording of the arrest, obtained by The Advocate, shows officers growing frustrated with Frank, 44, after he refuses to step down from a tractor near a Walmart store along La. 1. A use-of-force expert who reviewed the 10-minute recording at the newspaper's request says the law officers escalated the exchange by placing Frank in a choke hold and attempting to yank him off the tractor."

 
Old 08-03-2018, 09:36 PM
 
Location: southern california
61,288 posts, read 87,471,556 times
Reputation: 55564
They are not obligated to discuss it with him before they use it
 
Old 08-03-2018, 09:38 PM
 
Location: USA
13,255 posts, read 12,137,639 times
Reputation: 4228
Quote:
Originally Posted by Huckleberry3911948 View Post
They are not obligated to discuss it with him before they use it
They didn't have a warrant on them.

For example, if an officer comes to your home without a warrant, do you have to let them in? The answer is no.
 
Old 08-03-2018, 09:39 PM
 
17,603 posts, read 13,388,503 times
Reputation: 33060
Cops are people.

Some are good and unfortunately some are bad.

Same with doctors, lawyers, teachers

This post is about a really bad one,
 
Old 08-03-2018, 09:45 PM
 
Location: USA
13,255 posts, read 12,137,639 times
Reputation: 4228
Quote:
Originally Posted by mike1003 View Post
Cops are people.

Some are good and unfortunately some are bad.

Same with doctors, lawyers, teachers

This post is about a really bad one,
My question is this though, do people even believe the officers were out of line? Some would argue not. Some would argue so.

My issue is those who break the law, to enforce the law. That's not "law and order." There's reasons that we have certain protections to protect our innocence. My current fear is that people are allowing those protections to be over ridden out of fear.


The video was hard for me to watch without getting angry. Especially over what seemed to be a non-serious offense.

Why couldn't they simply go through the right process if that's what they're getting paid and are sworn to do? And why should we follow the law if they don't have to?
 
Old 08-03-2018, 10:01 PM
 
2,260 posts, read 1,140,211 times
Reputation: 2837
Quote:
Originally Posted by Gtownoe View Post

Why couldn't they simply go through the right process if that's what they're getting paid and are sworn to do? And why should we follow the law if they don't have to?
Because alot of departments have too many grey areas when it comes to their policies. It always seems like they are trained how to restrain people, and how to escalate force, but not how to de-escalate, and actual consequences for killing people in the wrong situation.
 
Old 08-03-2018, 11:27 PM
 
Location: USA
13,255 posts, read 12,137,639 times
Reputation: 4228
Quote:
Originally Posted by Harry Hemi View Post
Because alot of departments have too many grey areas when it comes to their policies. It always seems like they are trained how to restrain people, and how to escalate force, but not how to de-escalate, and actual consequences for killing people in the wrong situation.
I truly think its time for a complete overhaul of our justice system, and that would've happened circa 2014, if the racial division hadn't been sowed.

It's not about endangering police, or putting them at unnecessary risks, but protecting our rights and citizens. We can't even have that conversation because people are so entrenched. What's disturbing is that its on BOTH sides imo.

I'm reading that the warrant was expired. Trying to confirm. If so, that's crazy the cops got off.

https://www.rawstory.com/2018/08/wat...omments=disqus
 
Old 08-04-2018, 01:21 AM
 
Location: Texas
37,949 posts, read 17,888,510 times
Reputation: 10371
The gentleman that they murdered was doing nothing aggressive but police choose to escalate. The bad cops need to be taken down. Instead all too often they get a slap on the hand.
 
Old 08-04-2018, 05:16 AM
 
79,907 posts, read 44,256,917 times
Reputation: 17209
Quote:
Originally Posted by Gtownoe View Post
They didn't have a warrant on them.

For example, if an officer comes to your home without a warrant, do you have to let them in? The answer is no.
If you are wanted, they can come in after you IF they see you. They can't simply come in to search for you so if there was a warrant on this guy they did not have to have it on them to arrest him BUT they do need to express to him why they are arresting him or why they want him to comply. Otherwise he is permitted to protect himself.

This was all over a dispute with a neighbor. Eric Garner was choked and killed over nothing. Why was it so difficult for the cops to state why they wanted him? IMO it's ego. You do what we say and you never question what we say. That's not how it is suppose to work.

Police officers get paid by the hour. If it took 4 hours to deescalate the situation, what is the issue with that? Go get the warrant and hand it to him. IF there was a warrant they had a right to arrest him but was their ego's more important than making sure he knew why they were going to violate his rights? (which is what a warrant does)
 
Old 08-04-2018, 05:54 AM
 
59,169 posts, read 27,371,098 times
Reputation: 14300
Quote:
Originally Posted by Gtownoe View Post
Thought this is an interesting case, and has more to do with true "police corruption" than some of the other questionable cases. It involves a situation where a man was assaulted by police when he demanded to see a warrant for his arrest, which the officers did not have.

I'm seeing that a warrant might have existed, but the officers did not have it in their possession when they approached the man.

Posting this because of...

A) Legal procedure. Shouldn't officers HAVE to have a warrant on them to arrest someone who isn't committing a crime, or for certain searches?

B) Was excessive forced used in this case? Any legal experts want to weigh in on officer's rights when they don't have a warrant?




Interesting case. There is video of the incident in the article. And it goes straight to our 4th amendment rights. Thoughts??

https://www.theadvocate.com/acadiana...e=lift_amplify

"A criminal justice expert says Avoyelles Parish law officers who wrestled a Marksville man off a tractor while serving an arrest warrant last year used too much force, needlessly escalating a confrontation that ended with the man's death. A second expert said he doesn't agree the officers used excessive force, but said they may have acted negligently by failing to administer aid once Armando Frank was unconscious.

A video recording of the arrest, obtained by The Advocate, shows officers growing frustrated with Frank, 44, after he refuses to step down from a tractor near a Walmart store along La. 1. A use-of-force expert who reviewed the 10-minute recording at the newspaper's request says the law officers escalated the exchange by placing Frank in a choke hold and attempting to yank him off the tractor."

"Veteran killed" what does him being a vet have to do with anything about this indecent? NOTHING. It is used to CREATE EMOTION.Nothing more.



"Thought this is an interesting case" BECAUSE of your stance AGAINST the police, "and has more to do with true "police corruption".

Someone is arrest about every 5 SECONDS in the United States.

Tens of THOUSANDS of people have some sort of interaction with the police EVERY SECOND

That equates the the VAST MAJORITY of people who DO have interaction are NOT arrested.

You CONSTANTLY accuse ALL police of being the "gestapo".

What interaction with the police made you this way?

How many times HAVE you had interactions with the police?

Did they stop you one time and you "went off' NOT obeying their lawful order to you? "after he refuses to step down from a tractor"

Your CONSTANT ATTACK on ALL policemen is something we expect from you on a weekly basis.

Your article will not load, so I can't see it.
"
experts disagree on excessive force or not"

But YOU KNOW!

They WERE serving him a warrant for his arrest.

"The police asked him to come down off the tractor AND HE REFUSED. I'd bet they asked him SEVERAL TIMES AND HE REFUSED.

HIS RESISTING is what caused his ultimate death.


" Shouldn't officers HAVE to have a warrant on them to arrest someone who isn't committing a crime, or for certain searches?" NO.


ALL THE NEED TO KNOW IS THAT THERE IS A WARRANT FOR SOMEONE ARREST.


Do you watch any of the police reality shows on TV.


People are stopped for burned out light, etc., when the police run their identity and are told there is a warrant out for the person ARREST, THE arrest THEM on the spot.


Why were the police there in the 1st place?

Last edited by Quick Enough; 08-04-2018 at 06:24 AM..
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