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No, she is assuming, correctly, that police do not have the right to pepper spray anyone that they see breaking a law. You guys can quote the student code of conduct or statutes on blocking sidewalks as much as you want. The fact that they were breaking both makes no difference, at all. The cops should have arrested the students involved without using weapons such as pepper spray.
LOL... You just can't make your crap up as you go along, you're not congress. Tell us how they were going to arrest 10 people arm-locked...?
Case law from other jurisdictions can be considered. It is not binding.
Nor does your case address the use of force issue. How I'm applying it? The court applied it. To understand why, all you'd have to do is read the findings, which I linked to in my very first post in this thread. But since it's unlikely you will read it on your own, here you go: There's further explanation at the source if you bother to read it.
No, she is assuming, correctly, that police do not have the right to pepper spray anyone that they see breaking a law. You guys can quote the student code of conduct or statutes on blocking sidewalks as much as you want. The fact that they were breaking both makes no difference, at all. The cops should have arrested the students involved without using weapons such as pepper spray.
4th amendment:
Quote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
They don't have to pose a threat to police to justify use of force - they have to be resisting arrest.
To use the degree of force they did in this case, yes they do. Read the cited case law and the three criteria the courts use to determine if the use of force was warranted. In this case it was not.
Quote:
Originally Posted by rimmerama
By your logic, police can't enforce a law until the law breaker poses a threat to the police. That is not how it works.
That's just a silly leap you took there. I never said nor implied that. Go back and read.
That case explicitly mentions the suspect's passive resistance as opposed to his active resistance - you still haven't answered my question - is the interlocking of arms considered active resistance?
If so, then the facts of the Young case do not necessarily correspond to the facts in this incident.
is the interlocking of arms considered active resistance?
The students were not resisting arrest. They hadn't been placed under arrest. They were protesting. Nor had Young been placed under arrest.
I just don't understand why you people won't just read the damn case. It's all right there.
These are the 3 criteria the court uses to determine whether the use of force is allowable:
In evaluating the government's interest in the use of force we look to:
(1) the severity of the crime at issue,
(2) whether the suspect posed an immediate threat to the safety of the officers or others, and
(3) whether the suspect was actively resisting arrest or attempting to evade arrest by flight.
These criteria arise from Miller, 340 F.3d at 964.
In the case of the UC Davis incident:
(1) The crime was not "severe."
(2) The students did not pose an immediate threat to the safety of the officers or others.
(3) The students were not actively resisting arrest or attempting to evade arrest by flight. They were not placed under arrest before they were pepper sprayed.
It's the Americans who get lumps in their patriotic throats and tears in their star-spangled eyes who don't like to see people protest...much less get away with it! Teach the protestors a lesson they'll never forget! And let that serve as a lesson to anyone else who even thinks about protesting.
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