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Old 08-15-2014, 09:38 AM
 
80 posts, read 110,251 times
Reputation: 206

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When a person resists being taken into custody, the police are legally allowed and justified in using necessary force to place that person in custody. This applies to both criminals, as well as emotionally disturbed/ intoxicated persons who are a danger to themselves or others. As was mentioned, the freeway is a dangerous place for pedestrians. The situation called for getting the person restrained as quickly as possible in order to prevent death or serious injury to other parties. As was also mentioned, police using force is rarely pretty. And to suggest that a textbook takedown should have been used is misleading. In an uncontrolled combative environment, things frequently get ugly. However, the officer is still justified in using that force. Had he back off and waited it out she just may have entered traffic causing her death and possibly others' as well.
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Old 08-15-2014, 01:54 PM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,106,096 times
Reputation: 11535
^ Amazing how people's viewpoints can be so divergent. You see mine and I see yours. Occasionally I am involved in situations where we have to take down a potentially violent person.No, they are not pretty, and yes they do happen very fast. In 25 years of doing so alone and with others not once did someone beat the head of the person repeatedly. To suggest that "an uncontrolled combative environment" is like sitting on top of a grandmother and beating her face over and over is somehow justified reminds me of the odor in the air the last time I drove through Modesto.

This "officer" is going to jail and in my opinion for a very good reason.
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Old 08-15-2014, 04:24 PM
 
Location: Paradise CA, that place on fire
2,022 posts, read 1,741,053 times
Reputation: 5906
AADAD writes: "This "officer" is going to jail and in my opinion for a very good reason."

Just imagine if the officer had failed to stop her running out on the freeway and a dozen people, including the lady, would have been killed in a horrendous smash up. Your opinion, I think, would be something like this:

"This "officer" is going to jail and in my opinion for a very good reason."
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Old 08-15-2014, 05:47 PM
 
1,095 posts, read 1,631,663 times
Reputation: 1698
I saw the video. I think the officer went way too far. The woman was already on the ground and wasn't fighting back. The woman should get some money out of it, but she is not innocent by any means. She did wrong too.

I think some people feel they have to defend police misconduct or they are "disrespectful". Just because they are in a uniform and are supposed to protect and serve the people doesn't mean there aren't bad apples here and there that step way out of line. There are people like this in every profession.

Just look at the sexual harassment that some of the officers in the SDPD have taken part in. Look at the situation in Missouri. It seems there is some sort of cover-up going on with the police department.
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Old 08-15-2014, 06:18 PM
 
Location: Bonita, CA
1,300 posts, read 2,025,774 times
Reputation: 1670
Quote:
Originally Posted by AADAD View Post
^ Amazing how people's viewpoints can be so divergent. You see mine and I see yours. Occasionally I am involved in situations where we have to take down a potentially violent person.No, they are not pretty, and yes they do happen very fast. In 25 years of doing so alone and with others not once did someone beat the head of the person repeatedly. To suggest that "an uncontrolled combative environment" is like sitting on top of a grandmother and beating her face over and over is somehow justified reminds me of the odor in the air the last time I drove through Modesto.

This "officer" is going to jail and in my opinion for a very good reason.


The reviewers and DOJ will look at something called "the totality of the circumstances" and on the face value this is pretty shocking. Again, they will look at the means, intent, and opportunity of the subject to cause injury or death to themselves, the officer , or the public.


You may be right, this officer could very well go to jail but it wont be because of your or anybody else's opinion of a video clip. An informed prosecutor will determine that there is enough probable cause to bring an indictment. Again, this decision won't be determined by watching a 30 second video clip...totality of the circumstances will be the key. Then the prosecutor will seek an indictment with the grand jury, presenting the evidence to take it to court. Then if it makes it to court, the prosecutor will have to prove to a jury, that officer acted above and beyond his authority, committed an assault, or violated the woman's civil rights, if you remember civics, we are all presumed innocent until proven guilty.


All of this commentary is just chatter really. It's like reviewing a movie or adding commentary to Sunday's game on Monday morning. Just watching the video does not give you all the facts and circumstances. To come to a real and educated decision (not just emotional) you will have to wade through hours of witness, victim and subject depositions, statements, discovery as well as training manuals, records and internal investigations.
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Old 08-15-2014, 06:26 PM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,106,096 times
Reputation: 11535
My point in posting was a refresher to all of us that cops who travel the highways may not be as steady as we might hope.

Be careful out there.
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Old 08-15-2014, 06:27 PM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,106,096 times
Reputation: 11535
Quote:
Originally Posted by mgforshort View Post
AADAD writes: "This "officer" is going to jail and in my opinion for a very good reason."

Just imagine if the officer had failed to stop her running out on the freeway and a dozen people, including the lady, would have been killed in a horrendous smash up. Your opinion, I think, would be something like this:

"This "officer" is going to jail and in my opinion for a very good reason."
He had "stopped her". He then proceeded to beat the living tar out of her.
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Old 08-15-2014, 06:55 PM
 
Location: Bonita, CA
1,300 posts, read 2,025,774 times
Reputation: 1670
Quote:
Originally Posted by AADAD View Post
My point in posting was a refresher to all of us that cops who travel the highways may not be as steady as we might hope.

Be careful out there.
Thanks for the refresher.


I rarely get into the back and forth thing on this forum. I have tried over cuisine and got my butt kicked by Bloom and a little bit on finance with Early Retirement and I was proven to know next to nothing.....but I must say, I will not let this one go quietly.

I do not know what the outcome of this case will be and I think only a handful of people do, but what I do know is the law, criminal procedure, and arrest authority, I also know about use of force and the UOF continuum. You don't know these things, I can tell by the arm bar video you put up. They usually teach that move on day two of the academy after you have filled out your health insurance forms so you have coverage.


Your passionate enough and I understand your horrified response but please don't take this opportunity to refresh everyone on the merits of good and bad policing and freak everyone out. You are not qualified to comment or "refresh" on policing tactics and advise people on cops that travel the highway.

Your opinion counts...your professional advice or refresher means nothing.
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Old 08-15-2014, 07:08 PM
 
557 posts, read 737,210 times
Reputation: 1052
Aadad I would laugh like hell if the officer said I am not going to mess with this lady and let her run into the freeway . I would laugh harder when if you driving home from your wanna be cop job with your training ran her over and you ended up going to prison and this meth addicts family sued you putting your family on the street with nothing. This lady was high on meth and was mentally ill and violently resisted this officer twice while trying to run into traffic. Have you and your special training ever fought with a mentally ill or someone on meth? All I say was a stupid video of training with a compliant subject . Your probably a walmart security guard who couldn't become a cop. Both can give the person super human strength. The cop did what he had to do to get her into custody . She resisted and got hit end of story. Don't judge until you are a cop not a wanna be with training. As a result several lives including the meth addicts were saved
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Old 08-15-2014, 07:09 PM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,106,096 times
Reputation: 11535
It's cool. We disagree. People can take away what they feel is important for them. I am ok with that.
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