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Question for the OT lawyers about the Minneapolis cops charged with aiding and abetting

Posted on 6/7/20 at 10:10 am
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139236 posts
Posted on 6/7/20 at 10:10 am
As I understand it, the police have no legal obligation to protect citizens. With that in mind, is that a legal defense for these cops that have been charged with aiding and abetting in the Floyd death? Or is that defense moot because they were tacitly involved in the commission of a felony (assuming that is the law in MN)?
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 6/7/20 at 10:12 am to
I'm no expert but I think police do have a legal obligation once certain criteria are met, someone more knowledgeable can explain those criteria and if they apply here.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139236 posts
Posted on 6/7/20 at 10:15 am to
quote:

I'm no expert but I think police do have a legal obligation once certain criteria are met, someone more knowledgeable can explain those criteria and if they apply here.

I'd be interested to see where that line is. The cop in the Stoneman Douglas shooting who basically did nothing was not only not charged but reinstated with back pay.
Posted by tLSU
Member since Oct 2007
8692 posts
Posted on 6/7/20 at 10:19 am to
Officers can be subjected to civil liability under section 1983 if they knew a constitutional violation was occurring and had a realistic opportunity to intervene
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139236 posts
Posted on 6/7/20 at 10:25 am to
Right but this is a criminal charge, not a civil suit.
Posted by notsince98
KC, MO
Member since Oct 2012
22353 posts
Posted on 6/7/20 at 10:28 am to
quote:

I'm no expert but I think police do have a legal obligation once certain criteria are met, someone more knowledgeable can explain those criteria and if they apply here.


The supreme court already ruled cops have no obligation to protect anyone or enforce laws.
Posted by Dat Boi Bruce
15th Judicial District
Member since Mar 2020
644 posts
Posted on 6/7/20 at 10:33 am to
Directly involved in the commission of
Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
39661 posts
Posted on 6/7/20 at 10:34 am to
The other three cops will get off. Very weak case against them
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139236 posts
Posted on 6/7/20 at 10:34 am to
Were they, though?
Posted by cssamerican
Member since Mar 2011
8242 posts
Posted on 6/7/20 at 10:36 am to
I could see the one on his back being argued he help cut off Floyd’s air and helped pin him down. The one on his feet maybe you argue helped pin him down while Chauvin killed him. The crowd control guy has the greatest chance of walking with no conviction.
Posted by hob
Member since Dec 2017
2407 posts
Posted on 6/7/20 at 10:53 am to
quote:

The other three cops will get off. Very weak case against them


These two guys walk for sure. On the job for 3 days or less.

quote:

Defense attorneys for the former officers reportedly argued for lower bail and told the court that Chauvin had served as the training officer for Lane and Kueng, who were new to the streets and had only been on duty for several days, according to a pool reporter who was inside the courtroom
Posted by PhilipMarlowe
Member since Mar 2013
22086 posts
Posted on 6/7/20 at 10:55 am to
I think they will go with the Dawson & Downey defense.
Posted by dukke v
PLUTO
Member since Jul 2006
216685 posts
Posted on 6/7/20 at 10:57 am to
With all the uproar this has caused there is ZERO way the other three don’t do jail time. You think the riots are bad now just think what they will be like if those other three go free...
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 6/7/20 at 10:57 am to
Exactly.

As if some day 2 trainee who has no idea wtf is even happening is going to stroll over and deck his boss?

They walk, and rightly so.
Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
39661 posts
Posted on 6/7/20 at 10:58 am to
quote:

hese two guys walk for sure. On the job for 3 days or less.
Yep unbelievably shitty luck for those guys. What were they supposed to do attack the guy training them? I'm sure he told them to just follow his lead
Posted by Antonio Moss
The South
Member since Mar 2006
49580 posts
Posted on 6/7/20 at 10:58 am to
I don’t think it’s a good charge. I’m going to do more research on MN’s law on it at some point.

It was unethical and immoral but I don’t see how it’s a crime.
Posted by TBoy
Kalamazoo
Member since Dec 2007
29167 posts
Posted on 6/7/20 at 11:00 am to
quote:

Or is that defense moot because they were tacitly involved in the commission of a felony (assuming that is the law in MN)?


It’s going to be a tough case to prosecute the other officers. While it is true that other people involved in the commission of a felony can be principals to the crime, it’s a more complicated situation when one police officer assumed that another officer was handling an arrest. None of the other officers are in advance notice that a crime was about to go down. It wasn’t like they planned a bank robbery. The situation crossed from ordinary arrest to a crime when Chauvin kept his knee down for two minutes after the guy passed out.

I don’t see it as a criminal act to not have instantly realized that Chauvin had gone into crime territory. Maybe they just weren’t paying attention.
Posted by davyjones
NELA
Member since Feb 2019
37500 posts
Posted on 6/7/20 at 11:00 am to
Not disputing this, but would like to check that case out. Name/citation of the case?
Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
39661 posts
Posted on 6/7/20 at 11:02 am to
quote:

With all the uproar this has caused there is ZERO way the other three don’t do jail time. You think the riots are bad now just think what they will be like if those other three go free...


This line of thinking is absolute nonsense and total BS. You can't convict someone because you are afraid of the mob's reaction
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 6/7/20 at 11:06 am to
quote:

With all the uproar this has caused there is ZERO way the other three don’t do jail time. You think the riots are bad now just think what they will be like if those other three go free...


So we are deciding people’s fate based on mob rule no longer actual trials and stuff. Love how morons like you want this.

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