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True. Or if you are confronted by the police, don't resist arrests.
It's tragic that this guy died and the cops did not deliberately kill this man. They weren't aware of his medical problems. It seems like they could have called the paramedics earlier. But this man was confronted by the police for doing something illegal (selling illegal cigarettes).
Exactly it's not like they just walked up to him unprovoked and choke-holded him. He put himself in that spot. Not saying the cops are 100% right but what were you doing for them to run up on you??? Now somebody gotta lose their job cause you were selling lucys? FOH that sucks.
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"The man who sleeps on the floor, can never fall out of bed." -Martin Lawrence
Part of the reason he was not issued a citation is he has been arrested 31 times. Also, in order to issue a citation you need to see some ID. This man wasn't cooperating with arrest, so there's no guarantee he would cooperate with showing his id to the cops so they could cite him. And if he refused that, that is an arrest right there.
Either way he should not have been illegally selling cigs, especially with his extensive criminal record. He should have cooperated with the cops and just let himself get arrested for the 32nd time. As for the officers, yes, they used excessive for particularly when they had the man's head pinned to the ground. That was brutal and horrible. But that does not excuse this man's role in getting himself in this kind of trouble.
And if you know you have major medical problems you really do need to AVOID crime. The cops can't avoid arresting you because you might have a heart attack or stroke! As fat as he was, he was a walking medical problem in his own right.
Refusing to issue your ID is not grounds for an arrest; that is well within your right as a citizen. You do not consent to unlawful searched and seizures (4th Amendment), I'm sure that you have heard the saying before unless you have a warrant for such. You can actually tell an officer that you do not consent to present your ID due to the fact that you have not committed any criminal actions.
I did this when an officer accused me of not living at my current residence, I told this him and his partner. They didn't seem to like it and continued to ask for it and I continued to restate it even though I had my ID with me. I was serious as hell. I showed them my key and I pointed to my mail box and that was the end of it and that was my idea not theirs. They went on their way. He nodded his head with his lips curled up and said okay. I wish that I could have made friends with them because they were good officers. Even though they attended night school at my residence. They respected my request to have my rights respected. I haven't encountered anything since (2009). We can do it we just need to do it more often.
It doesn't get done enough.
Did the guy know his rights? Well we will never find out.
But I do know this because of the negligence of the officers and the use of a banned choke hold or whatever we want to call it. He was a chronic asthmatic anything can happen to them easily, my hard earned money and that of many NYer's now has to go to the family of this felon of 31 crimes because of someone who could not control themselves and the brotherhood of his piers who stood by and did nothing to prevent the over excessive use of force and refused to breathe in his mouth to resuscitate him.
Last edited by Bronxguyanese; 07-20-2014 at 03:45 PM..
One time I went to SUNY Downstate Hospital in Brooklyn (thank goodness not as a patient) and there was a guy openly hawking illegal cigarettes at the entrance. I was quite surprised that he would be doing it in such a public place, and so openly. He wasn't even trying to do it on the down low. And at a hospital no less!
If you have not committed a crime and are being deprived of liberty by a legal authority whether it be by a law enforcement officer or a civilian then what would you call it?
Regardless of what the NY state law claims isn't within your right, the supreme court says it is well within your right to do so especially if one fails to allege that a crime has been committed within jurisdiction. This includes defective warrants or one issued without affidavit.
"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
Applying your logic, if or when the good citizens of SI to get together in a jury room and use jury nullification to cut this PO loose that would sit just fine with you.
Applying your logic, if or when the good citizens of SI to get together in a jury room and use jury nullification to cut this PO loose that would sit just fine with you.
Applying his "logic", there would be no arrests. I still utterly baffled by what Bronxguyanese is trying to say.
Fact: If this upstanding citizen wasn't breaking the law he'd be alive.
Fact: This had nothing to do with race, but it did have to do with the consequences of ones actions.
Fact: If i'm a giant fat guy with asthma i'm not starting crap with anyone let alone cops.
Fact: Eric Garner is dead because of the decisions he made that day and for his life in general.
Fact: This cop shouldn't have used a chokehold and should face internal discipline.
Fact: The race baiters LOVE this ****.
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