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re: The latest Facebook Cop Video

Posted on 12/18/14 at 12:29 am to
Posted by MrTide33
Member since Nov 2012
4351 posts
Posted on 12/18/14 at 12:29 am to
I'm saying more along the lines of the cops possibly could have come to the window, and without them asking for ID yet or possibly speaking at all, the man was reaching into a bag, which could possibly cause alarm.

Posted by the808bass
The Lou
Member since Oct 2012
111498 posts
Posted on 12/18/14 at 12:37 am to
I'm saying a black dude reaching into a bag doesn't mean they can require his ID nor does it mean they can break his window glass and taze his arse. "Bag reaching" is not probable cause.
Posted by MrTide33
Member since Nov 2012
4351 posts
Posted on 12/18/14 at 12:58 am to
I'm not at all talking about the window breaking or tazing. I'm talking about if he initially pulled a gun.

I'm not saying it was right either
Posted by genro
Member since Nov 2011
61788 posts
Posted on 12/18/14 at 1:05 am to
Right. Not absolving the cops, but the video begins with her being hysterical, calling 911 (lol), and them refusing to comply. The cops are just talking to them without their guns drawn. Then hell breaks loose.

But we don't know how it got to that point. We don't see them with their gun drawn or what instigated any of it.
Posted by KosmoCramer
Member since Dec 2007
76502 posts
Posted on 12/18/14 at 1:32 am to
quote:

I'm saying a black dude reaching into a bag doesn't mean they can require his ID nor does it mean they can break his window glass and taze his arse. "Bag reaching" is not probable cause.


If I remember correctly when I researched the law in the jurisdiction about this case earlier, if the police feel threatened they can order a passenger out of the vehicle to frisk them. He didn't comply with that order, so they did what they did.
Posted by the808bass
The Lou
Member since Oct 2012
111498 posts
Posted on 12/18/14 at 2:32 am to
He won't be convicted of resisting arrest. There was no physical resisting arrest and they had no cause to arrest him. They will end up paying him a bunch of money (which is this particular police officer's 3rd settled case).
Posted by ApexTiger
cary nc
Member since Oct 2003
53769 posts
Posted on 12/18/14 at 7:43 am to
quote:

He won't be convicted of resisting arrest. There was no physical resisting arrest and they had no cause to arrest him. They will end up paying him a bunch of money (which is this particular police officer's 3rd settled case).


I think what kind of bothers me is, who of us in our circle of friends refuses to get out of the car when an officer asks you respectfully to do so? This is just being difficult for the sake of "I can do this if I want" behind the shield of "my rights as free man"


Good grief...show your ID.. Oh yeah... "I don't have an ID"

I just love America... we are pathetic

showing an ID at the voting booth is now "disenfranchisement"

How did we get to be so darn weak!

Grow up people! You got two children in the back seat and you have no ID... How is that possible?

Do you ever leave the house without your wallet? Heck I feel naked without mine.
Posted by Wolfhound45
Hanging with Chicken in Lurkistan
Member since Nov 2009
120000 posts
Posted on 12/18/14 at 7:55 am to
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/18/14 at 8:00 am to
Good on you looking to research the law.

A police officer has the right to order the driver of a stopped vehicle out of the car on any lawful stop.
Pennsylvania v. Mimms, 434 US 106 (1977).

Due to the inherent danger of traffic stops for a police officer, he may order the passengers out of a car on any lawful stop. Maryland v. Wilson, 117 S. Ct. 882 (1977).

(“We . . . hold that an officer making a traffic stop may order passengers to get out of the car pending completion of the stop.”)). United States v. Phillips, No. 11-3014, 2012 U.S. App. LEXIS 11207 (8th Cir. 2012), Id. at 8.
This post was edited on 12/18/14 at 8:07 am
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