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re: Updated OP Video of Tuscaloosa PD using excessive force on UA students

Posted on 11/9/15 at 4:13 pm to
Posted by logjamming
Member since Feb 2014
7841 posts
Posted on 11/9/15 at 4:13 pm to
quote:

Once a cop says you are under arrest, you quit resisting. Period. You can argue why you were arrested or whether the cop had a right to be there all day in court.



Yep. Let them search your car and home while they're at it.
Posted by Dire Wolf
bawcomville
Member since Sep 2008
36744 posts
Posted on 11/9/15 at 4:18 pm to
quote:

And not one mention on Fox or CNN. As I said, it will get some play this week, but after that no one will care.


Can't you say that for 99% of news stories of there?

shite Greg Hardy's pictures are all but forgotten

The 1% is beaten to the ground
Posted by Monticello
Member since Jul 2010
16197 posts
Posted on 11/9/15 at 4:21 pm to
Some of you cop haters are worse than the SJW's. These cops definitely did not handle this the right way and likely were in the guy's home illegally. But all of that is an argument for the courthouse. Once the cop says you are detained and under arrest, you are either going to jail the easy way or the hard way. Those kids chose the hard way. People watch too many youtube videos these days and think they are street lawyers.
Posted by logjamming
Member since Feb 2014
7841 posts
Posted on 11/9/15 at 4:27 pm to
quote:

These cops definitely did not handle this the right way and likely were in the guy's home illegally. But all of that is an argument for the courthouse



You're a dumbass. So the cop lies, says you're under arrest, but has no grounds to do so, then enters your home and finds illegal activity. Generally, all of it should get thrown out. But some states will allow the evidence obtained after an illegal arrest to be used against you.

My record is basically a list of stupid things everyone does in college. I always complied. Said "yes sir" and "no sir". Each time I got a ticket and paid the price. Not a big deal. I was a dumbass but I never escalated the situation, because I was usually always in the wrong.

But to suggest that you should always submit when there is no reason for an officer to enter your home, search your car, or arrest you is obsurd.
This post was edited on 11/9/15 at 6:19 pm
Posted by eitek1
Member since Jun 2011
2163 posts
Posted on 11/9/15 at 4:27 pm to
quote:

Some of you cop haters are worse than the SJW's. These cops definitely did not handle this the right way and likely were in the guy's home illegally. But all of that is an argument for the courthouse. Once the cop says you are detained and under arrest, you are either going to jail the easy way or the hard way. Those kids chose the hard way. People watch too many youtube videos these days and think they are street lawyers.


What part of their "legal" opinion was incorrect?
Posted by NYNolaguy1
Member since May 2011
20949 posts
Posted on 11/9/15 at 4:28 pm to
quote:

These cops definitely did not handle this the right way and likely were in the guy's home illegally.


Cool we agree.

Yet you are OK with them entering illegally and assaulting a kid for no reason because he stood up for his rights?
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/9/15 at 4:29 pm to
quote:

Those kids chose the hard way.


Fair enough...they argued with the cop and wouldn't come out of the apartment when the cop was trying. Pull him out and arrest him does not mean pull him out of the doorway, tase him, hit him with a club 9 times, then arrest him.

Posted by logjamming
Member since Feb 2014
7841 posts
Posted on 11/9/15 at 4:34 pm to
quote:

Fair enough...they argued with the cop and wouldn't come out of the apartment when the cop was trying. Pull him out and arrest him does not mean pull him out of the doorway, tase him, hit him with a club 9 times, then arrest him.



Unless the cop saw or had probable cause that there was a crime committed in the house and that the evidence was going to be destroyed, he had no right to enter the property.

If it was a noise call, there is no evidence in the house that could be collected. The cop should have issued a summons and left, or told the kid e was under arrest for violation of the noise ordinance. Doesn't look like he did either one. You can't drag someone out of their house, THEN arrest them for resisting arrest that they weren't placed under in the first place.
Posted by SCOOBA_OLD
Lafayette
Member since Sep 2015
220 posts
Posted on 11/9/15 at 4:35 pm to
quote:

Yet you are OK with them entering illegally


Serious question for OT lawyers; This looks like an apartment complex. If a complaint was called in for whatever reason, is it possible that the apartment owners/management have given prior permission to enter any of the units. Do you have the same rights of home ownership if you are renting?
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 11/9/15 at 4:36 pm to
quote:

You can't drag someone out of their house, THEN arrest them for resisting arrest that they weren't placed under in the first place.


Resisting arrest is usually written as Resisting Arrest and Obstruction of Justice.
Posted by logjamming
Member since Feb 2014
7841 posts
Posted on 11/9/15 at 4:36 pm to
Nope.

ETA:
In Louisiana it's called right of peaceful possession. You have rights as a tenant, and a land lord can't just let officer's into your apartment.
This post was edited on 11/9/15 at 4:39 pm
Posted by NYNolaguy1
Member since May 2011
20949 posts
Posted on 11/9/15 at 4:43 pm to
quote:

If a complaint was called in for whatever reason, is it possible that the apartment owners/management have given prior permission to enter any of the units.


My understanding is that the owners entering your apt with prior permission is a part of your lease agreement. That's a totally separate issue than police just barging down a door because they got a complaint. Your residence has rights no matter if leased or bought. A landlord can't simply give the police entrance to a leased property because he feels like it.

The above statement is not legal advice. Not a lawyer, just married to one.
Posted by Pax Regis
Alabama
Member since Sep 2007
12957 posts
Posted on 11/9/15 at 5:01 pm to
quote:

Serious question for OT lawyers; This looks like an apartment complex. If a complaint was called in for whatever reason, is it possible that the apartment owners/management have given prior permission to enter any of the units. Do you have the same rights of home ownership if you are renting?


Same rights as if you lived in a house.
Posted by sec13rowBBseat28
St George, LA
Member since Aug 2006
15401 posts
Posted on 11/9/15 at 5:24 pm to
Question for the lawyers. What if these kids would have never opened the door? Would the police be able to break down the door for a noise complaint?
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 11/9/15 at 5:26 pm to
No.
Posted by Ryan3232
Valet driver for TD staff
Member since Dec 2008
25877 posts
Posted on 11/9/15 at 5:32 pm to
quote:

Question for the lawyers. What if these kids would have never opened the door? Would the police be able to break down the door for a noise complaint?
if the noise is stopped when the cop got there, no.
But judging from how that cop handled the situation... he might have.



Posted by Nativebullet
Natchez, MS
Member since Feb 2011
5138 posts
Posted on 11/9/15 at 6:01 pm to
The kids deserved everything. They were resisting. Bottom line. The only thing I would've done different was bitch slap the girl after I pushed the little fella to the ground.
Posted by FairhopeTider
Fairhope, Alabama
Member since May 2012
20819 posts
Posted on 11/9/15 at 6:18 pm to
quote:

The kids deserved everything. They were resisting. Bottom line. The only thing I would've done different was bitch slap the girl after I pushed the little fella to the ground.


Big man right here
Posted by MrFreakinMiyagi
Reseda
Member since Feb 2007
18968 posts
Posted on 11/9/15 at 6:23 pm to
Someone needs to shoot those pigs in their motherfricking faces.
Posted by Edearl Watson
Parts Unknown
Member since May 2012
6782 posts
Posted on 11/9/15 at 6:34 pm to
Those cops are out of their fricking minds with rage. Which is completely unacceptable. As a police officer you're taught how to deal with assholes and remain in control. These mf'ers failed miserably.
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