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Started By
Message
re: Teen Tased By Trooper On Girlfriend's Porch
Posted on 6/23/21 at 3:02 pm to lotik
Posted on 6/23/21 at 3:02 pm to lotik
quote:
Florida 901.151
(2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense.
So reading that, it seems the cop was operating by the law (according to the info given) right?
He was suspicious of the teen, so he wanted to detain him. How does the tazing work into this?
And this reminds me of a situation that I see sometimes...
You're driving down the highway and see an ID check up ahead. I've seen people turn around to avoid the checkpoint and the cops chase them down.
Is that legal?
This post was edited on 6/23/21 at 3:03 pm
4
Posted on 6/23/21 at 3:04 pm to lotik
quote:
Some of these other comments baffle me. There was zero probable cause here. Suspicion is not a crime.
But he can detain the person if suspicious of the person (according to that law posted).
Not sure why he taxed him, the kid was running or anything. Like somebody else said, both were kinda being asshats and the cop was the one with the tazer.
Posted on 6/23/21 at 3:06 pm to Dr RC
quote:
Sure
But more should be expected from a cop than a teenager.
If you can't handle a mouthy teen giving you static for what looked like maybe 2 minutes at best you shouldn't be allowed to have the power to kill a person.
oh god damn, the other guy i was responding too only read my last post and now you just did same thing.
i already went through the whole damn thing. Cop was the bigger douche and should be fired. Kid was a douche and needs to be talked to, all charges dropped.
Posted on 6/23/21 at 3:06 pm to i am dan
If he wanted to detain until he confirmed the story he should have stated that. Instead we get a case of a cop just saying put your hands behind your back several times and tasing with no warning.
Posted on 6/23/21 at 3:06 pm to OweO
Kid dressed all in black on back porch of house and refusing to follow officers directions
I’ll allow that
I’ll allow that
Posted on 6/23/21 at 3:06 pm to i am dan
I support cops. I don’t support power thirsty frickheads
Posted on 6/23/21 at 3:06 pm to i am dan
quote:
You're driving down the highway and see an ID check up ahead. I've seen people turn around to avoid the checkpoint and the cops chase them down.
Is that legal?
For them to chase them down? It shouldn't be.
But then checkpoints shouldn't be legal either. They're detaining someone with zero cause.
Posted on 6/23/21 at 3:07 pm to OweO
Erbody wants paid for poor behavior
Posted on 6/23/21 at 3:07 pm to Dr RC
quote:
Sure
But more should be expected from a cop than a teenager.
If you can't handle a mouthy teen giving you static for what looked like maybe 2 minutes at best you shouldn't be allowed to have the power to kill a person.
You ever yell at someone on the highway in a little bout of roadrage?
People have bad days, and all it takes is a little thing to piss you off.
I agree with you though. I've said this many times... people gravely overreact these days. We go from 0 to 100 in a second. Not a healthy way to be. We look for reasons to be pissy.
Posted on 6/23/21 at 3:08 pm to i am dan
quote:
He was suspicious of the teen, so he wanted to detain him. How does the tazing work into this?
no, what the teen was doing is considered passive resistance. a tazer is only allowed to be used during active resistance...hence the officer saying he feared for his life.
quote:
"The use of a CEW (conducted electrical weapon) is authorized and may be an appropriate response in the case of a sudden attack, or when ‘active resistance’ or greater is offered by a subject who is about to be taken into custody for any reason"
Posted on 6/23/21 at 3:08 pm to VABuckeye
quote:
If he wanted to detain until he confirmed the story he should have stated that. Instead we get a case of a cop just saying put your hands behind your back several times and tasing with no warning.
Exactly. All he had to do was say "Ok kid I'll give you a minute to see if she comes to let you in. I am keeping my taser drawn so for both our safety please keep your hands where I can see them."
That's it. It's not that hard to keep a situation from escalating.
This post was edited on 6/23/21 at 5:42 pm
Posted on 6/23/21 at 3:09 pm to texasmason
quote:
Trooper Smyrnios did find some medical marijuana on the teen, so he will also face a drug possession charge.
And that is likely why the officer was so eager for the kid to 'put his hands behind his back,' so he could perform a stop and frisk pat down. Police rarely pass up an opportunity to search for evidence. They have nothing to lose but the additional charge.
Posted on 6/23/21 at 3:10 pm to i am dan
suspicious a crime was commited. and to detain he must tell the person what they are being detained for.
if not detaining the person is free to leave.
either way, passive resistance is not a reason to taze under florida law.
if not detaining the person is free to leave.
either way, passive resistance is not a reason to taze under florida law.
Posted on 6/23/21 at 3:14 pm to lsu777
quote:
no, what the teen was doing is considered passive resistance. a tazer is only allowed to be used during active resistance...hence the officer saying he feared for his life.
And that is why his entire report must be treated as fiction.
He never feared for his life nor had a reason to.
Add in the lie about not being able to see his hands as well.
Posted on 6/23/21 at 3:15 pm to lsu777
quote:
no, what the teen was doing is considered passive resistance. a tazer is only allowed to be used during active resistance...hence the officer saying he feared for his life.
Your post is very reasonable and I agree with it. Especially after reading the use of tazer policy you quoted.
But I'm cynical. If the cop was suspicious from the get go on this kid and the kid wasn't cooperating, what should an officer do?
Like another poster said, it's easy to reflect through all this after everything is done, but you may have different thoughts in real time.
Food for thought, but you present a good position.
Posted on 6/23/21 at 3:16 pm to OweO
Everything in that video tracks with the trooper's story.
Posted on 6/23/21 at 3:17 pm to i am dan
quote:
Can a cop "detain" you though which is different than arresting?
The important point is that both are "seizures" implicating the 4th Amendment. If you are not free to leave, you have been seized and police need to have a good reason.
Posted on 6/23/21 at 3:18 pm to BuckyCheese
quote:
And that is why his entire report must be treated as fiction.
He never feared for his life nor had a reason to.
Add in the lie about not being able to see his hands as well.
You ever wonder why you only see videos on cops being bad? Think about it.
Why don't we ever see or talk about videos of hero cops. There's plenty out there, but they never get brought up in media. Yeah, maybe your local news every once in a while.
It's weird. Throwing good cops under the bus.
This post was edited on 6/23/21 at 3:20 pm
Posted on 6/23/21 at 3:19 pm to i am dan
quote:
But I'm cynical. If the cop was suspicious from the get go on this kid and the kid wasn't cooperating, what should an officer do?
Guess what. A LOT of people are not going to be very cooperative when they are doing absolutely nothing wrong only to have Officer Fife roll up on them demanding they put their hands behind their back.
Posted on 6/23/21 at 3:20 pm to Speedy G
quote:
The important point is that both are "seizures" implicating the 4th Amendment. If you are not free to leave, you have been seized and police need to have a good reason.
Apparently all the cop needs is suspicion.
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