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re: Two things can be true at the same time

Posted on 1/26/26 at 5:48 pm to
Posted by jimmy the leg
Member since Aug 2007
43836 posts
Posted on 1/26/26 at 5:48 pm to
quote:

Extremely irrelevant to the shove, I might add


So fellow LEO being attacked under similar circumstances don’t factor at all?

It is one thing to disconnect emotionally. It is another thing to operate absent of logic.

At this point, you are suggesting that LEO assume that she isn’t hiding a weapon, despite the recent (and VERY localized) attacks on their fellow LEO?

That’s a bold strategy Cotton.
Posted by BCreed1
Alabama
Member since Jan 2024
6941 posts
Posted on 1/26/26 at 5:51 pm to
quote:

Those words only apply to that case


What??

Lower courts must apply current Supreme Court law, not outdated doctrine.

It’s why Barnes v. Felix applies to pending excessive-force cases
It prevents courts from “freezing” the law for certain defendants
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 5:51 pm to
quote:

So fellow LEO being attacked under similar circumstances don’t factor at all?


To permitting force? Unlikely

If they do, there are much more pertinent facts relevant to the totality analysis (which I already covered).

quote:

At this point, you are suggesting that LEO assume that she isn’t hiding a weapon,

No.

They would be permitted a Terry stop to check for that after detention.

They don't just get to go up and assault her
This post was edited on 1/26/26 at 5:52 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 5:54 pm to
quote:

What??


If an entire incident is only 2 seconds long, is LEO limited to that 2 second window to justify using force?

Yes or no.
Posted by jimmy the leg
Member since Aug 2007
43836 posts
Posted on 1/26/26 at 5:56 pm to
quote:

pertinent facts relevant


So fellow LEO being assaulted isn’t pertinent?

Well okay then.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 6:01 pm to
quote:

So fellow LEO being assaulted isn’t pertinent?


To use force against a subject currently not a threat who isn't interfering? Not really

Why would it be?

Her actual threat level in the moment is much more important, don't you agree?
Posted by jimmy the leg
Member since Aug 2007
43836 posts
Posted on 1/26/26 at 6:03 pm to
quote:

not a threat who isn't interfering


What’s under her coat?

How close was she?

At what point is she “too close?”
Posted by BCreed1
Alabama
Member since Jan 2024
6941 posts
Posted on 1/26/26 at 6:08 pm to
quote:

If an entire incident is only 2 seconds long, is LEO limited to that 2 second window to justify using force?



Cool attempt. The incident started when people showed up to the location of a lawful arrest being made.

It's why they used the language they did.

quote:

You cannot "hermetically seal off" the final moment from the context that created it. If an officer knows a suspect has been acting violently for 10 minutes, that 10-minute history is part of the "split-second" decision-making process.


You are attempting to do this. And SCOTUS says you can not.

They clarified that a "split-second judgment" is often the result of several minutes of "developing events." Therefore, looking at those preceding minutes is not hindsight; it is simply looking at the "totality" of the officer's knowledge.

See those words... EVENT?? no no no.... EVENTS

As asked...How long had she been there? How many interactions with her? What other events add to the TOTALITY of events?

Posted by BCreed1
Alabama
Member since Jan 2024
6941 posts
Posted on 1/26/26 at 6:10 pm to
quote:

What’s under her coat?

How close was she?

At what point is she “too close?”


What else had she already done?

Posted by Islander
Orange Beach, AL
Member since Aug 2012
259 posts
Posted on 1/26/26 at 6:12 pm to
quote:

The problem is the liberals want you to think this happened:
?
And a certain percentage believe it. That’s dangerous.


That execution took guts and resolve. CBP backshooting a guy on the ground is the most pussy move ever.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 6:12 pm to
quote:

What’s under her coat?


Was she reaching for her coat?

If not, that's what Terry stops are for

quote:

How close was she?

Feet away. Farther than arms distance

quote:

At what point is she “too close?”

Without a weapon and not approaching?

What do you think is a reasonable threat?
Posted by jimmy the leg
Member since Aug 2007
43836 posts
Posted on 1/26/26 at 6:15 pm to
quote:

What do you think is a reasonable threat?


That depends upon the circumstances.
Posted by NawlinsTiger9
Where the mongooses roam
Member since Jan 2009
39274 posts
Posted on 1/26/26 at 6:15 pm to
Jimmy thinks it’s procedure to just go around knocking the shite out of women you find suspicious

Goddam man, grow a spine
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 6:18 pm to
quote:

Cool attempt.

It's not an attempt. It's a hypothetical.

You want to do legal analysis, here is your shot.

quote:

If an entire incident is only 2 seconds long, is LEO limited to that 2 second window to justify using force?


quote:

You are attempting to do this.

No. I'm discussing a short incident. It's 2 very different things.

quote:

is often the result of several minutes of "developing events.

Key word: often

Not always

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 6:19 pm to
quote:

That depends upon the circumstances.


Reasonable circumstances or your "the suspect may be hiding weapons under any clothing" circumstances?
Posted by jimmy the leg
Member since Aug 2007
43836 posts
Posted on 1/26/26 at 6:25 pm to
quote:

Reasonable circumstances or your "the suspect may be hiding weapons under any clothing" circumstances?


With violent leftist protestors in Minneapolis?

Posted by soonerinlOUisiana
South of I-10
Member since Aug 2012
1782 posts
Posted on 1/26/26 at 6:28 pm to
quote:

You can be for the strategy and enforcement while also admitting mistakes in execution.


Agree, but there were no mistakes in execution these last two weeks. Pretti-Good were a pair of liberal dumbasses whose got themselves killed engaging in liberal dumbassery.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 6:31 pm to
quote:

With violent leftist protestors in Minneapolis?

Your standard would have to apply to everyone
Posted by jimmy the leg
Member since Aug 2007
43836 posts
Posted on 1/26/26 at 6:42 pm to
quote:

Your standard would have to apply to everyone


Everyone.

So everyone is attacking ICE?

Who knew?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
473696 posts
Posted on 1/26/26 at 6:44 pm to
quote:

So everyone is attacking ICE?



Sounds like you're working out why you're wrong on your own. Good job.
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