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Another killing at the hands of the Police (1 Viewer)

Today's the first I've heard of this case:

Off duty cop acquitted of all charges after shooting an unarmed black woman in the back of the head from his car.

Claims he "feared for his life" as the group walked away from his vehicle down an alley.
Wow. That's insane.
WTF??
I'm very confused by this story. It seems like the judge made this decision as a matter of law and didn't even let the case go to the jury, because he was only charged with involuntary manslaughter. Basically the judge is saying that because the cop shot the woman on purpose, then there was no recklessness? That can't be right.
Correct, he said the charge should have been murder, not involuntary manslaughter.
The judge found that prosecutors failed to prove that Servin acted recklessly when he fired at Boyd and three friends. The judge suggested in his ruling that prosecutors should have brought a murder charge, according to a report from the Chicago Tribune.

The act of intentionally firing a gun at some person or persons on the street is an act that is so dangerous it is beyond reckless; it is intentional, and the crime, if any there be, is first degree murder, wrote Cook County Associate Judge Dennis Porter.
And now because of double jeopardy rules, the cop can't be charged with murder. It's a complete joke.Quote via Salon
What the mother ####?????
Our Justice system is completely, 100% broken. It is a ####### joke. It's so ####### contorted it allows a man who fires a gun at people and kills them for no reason to go free. Meanwhile, parking tickets and refusal to pay them will land you in jail. Letting your kids walk around your neighborhood gets them taken from you. ####### JOKE.In case it isn't abundantly clear by now, the whole "feared for my life" crap has made prosecuting violent crimes impossible in this country. We have let an edge case (someone holding an unloaded gun) legalize murder in this ####ed up, gun-crazed, violent culture we call the United states. There is no defense for this kind of crap. Every single law allowing you to kill someone because you "feared for your life" needs to come off the books immediately. Forensics should be the only thing that matters.

God I ####### hate this country. I have never seen a place that has it so incredibly good work so hard to #### things up for no reason at all. Well I guess they do sell a ####load of guns here. This place is ####### tragic beyond belief.
If you're serious about the bolded then get the #### out of here. Plenty of people willing to take your place.
I've lived here my whole life. I pay ####### taxes and I can damn well hate what this country has become if I feel like it. It's sickening. Reading about this #### makes me want to puke. All "love it or leave it" does is make people blind to the massive problems we have here. It's a stupid response steeped in the myth of American exceptionalism.
Youre absolutely welcome to criticize. I think many of your critiques are valid BTW. You're also free to hate this country, and Im free to tell you to get the #### out if you do. That's all part of the American exceptionalism which you regard as a myth.
 
cstu said:
Besides my advice of not running from police or trying to take their gun/taser, I would like to add two more:

- don't pretend your cell phone is a gun and point it at people

- don't associate yourself without people who would do any of the above
and then keep walking away in the other direction probably laughing and pissing off the off duty cop who just had his pride butt hurt ,who in turn decides to open fire into a crowd of people ...got it...thanks
Do what you're told and cower before The Man and you'll minimize the odds of getting shot.
There is no such thing as "The Man" - they're are only cops who want their day to go as smoothly as possible so they can get back to their families at the end of the day.
I believe the term 'off duty' means that the 'end of the day' already occurred, no?

 
ya he saw a gun while sitting in his car facing the other way (firing over his shoulder) in a dark ally ...and god forbid he just drive away if he felt threatened ...this is worse than most of the cases we argue about on here ...totally 100 % murder
The final witness Monday was Shurecca Baymon, a patient care coordinator with Mt. Sinai Hospital.

Baymon testified that she spoke with Boyd's close friend Ikca Beamon the night of the shooting, as Boyd was on life support.

Baymon claims Beamon told her that Cross pretended his phone was a gun and whipped it out "just to spook [servin]."

Beamon said she blamed Cross and his friend for arguing with Servin, and didn't think it was fair that Boyd had been shot in her head, while Cross was only hit in his hand, according to Baymon.
Would be curious to know how that comes into evidence.
Ridiculous judge allowing that to come in as a present sense impression. Happens way too much.

 
ya he saw a gun while sitting in his car facing the other way (firing over his shoulder) in a dark ally ...and god forbid he just drive away if he felt threatened ...this is worse than most of the cases we argue about on here ...totally 100 % murder
The final witness Monday was Shurecca Baymon, a patient care coordinator with Mt. Sinai Hospital.

Baymon testified that she spoke with Boyd's close friend Ikca Beamon the night of the shooting, as Boyd was on life support.

Baymon claims Beamon told her that Cross pretended his phone was a gun and whipped it out "just to spook [servin]."

Beamon said she blamed Cross and his friend for arguing with Servin, and didn't think it was fair that Boyd had been shot in her head, while Cross was only hit in his hand, according to Baymon.
Would be curious to know how that comes into evidence.
Ridiculous judge allowing that to come in as a present sense impression. Happens way too much.
Yeah. Present sense impression is the last-ditch, I have nothing else but really want to get this evidence in, hail Mary attempt. It should be accompanied by a presumption that it doesn't apply.

Of course this judge ruled that proving intentional conduct doesn't prove reckless conduct, so we're not dealing with Judge Learned Hand here.

 
Today's the first I've heard of this case:

Off duty cop acquitted of all charges after shooting an unarmed black woman in the back of the head from his car.

Claims he "feared for his life" as the group walked away from his vehicle down an alley.
Wow. That's insane.
WTF??
I'm very confused by this story. It seems like the judge made this decision as a matter of law and didn't even let the case go to the jury, because he was only charged with involuntary manslaughter. Basically the judge is saying that because the cop shot the woman on purpose, then there was no recklessness? That can't be right.
Correct, he said the charge should have been murder, not involuntary manslaughter.
The judge found that prosecutors failed to prove that Servin acted recklessly when he fired at Boyd and three friends. The judge suggested in his ruling that prosecutors should have brought a murder charge, according to a report from the Chicago Tribune.

The act of intentionally firing a gun at some person or persons on the street is an act that is so dangerous it is beyond reckless; it is intentional, and the crime, if any there be, is first degree murder, wrote Cook County Associate Judge Dennis Porter.
And now because of double jeopardy rules, the cop can't be charged with murder. It's a complete joke.Quote via Salon
What the mother ####?????
Our Justice system is completely, 100% broken. It is a ####### joke. It's so ####### contorted it allows a man who fires a gun at people and kills them for no reason to go free. Meanwhile, parking tickets and refusal to pay them will land you in jail. Letting your kids walk around your neighborhood gets them taken from you. ####### JOKE.In case it isn't abundantly clear by now, the whole "feared for my life" crap has made prosecuting violent crimes impossible in this country. We have let an edge case (someone holding an unloaded gun) legalize murder in this ####ed up, gun-crazed, violent culture we call the United states. There is no defense for this kind of crap. Every single law allowing you to kill someone because you "feared for your life" needs to come off the books immediately. Forensics should be the only thing that matters.

God I ####### hate this country. I have never seen a place that has it so incredibly good work so hard to #### things up for no reason at all. Well I guess they do sell a ####load of guns here. This place is ####### tragic beyond belief.
Feel free to leave whenever you like, and take Jack White fan with you. :bye:
Wait . . . that's the thanks I get for rooting for your stupid college basketball team?

 
Youre absolutely welcome to criticize. I think many of your critiques are valid BTW. You're also free to hate this country, and Im free to tell you to get the #### out if you do. That's all part of the American exceptionalism which you regard as a myth.
An interent forum and rights allowing you to use it are not exceptional unless you are comparing us to China. I tend to think of the US as a 1st world western country. So I compare us to our true counterparts.

 
The Baltimore kid was arrested for no other reason than running from cops. They showed, he ran, they arrested him, and killed him. I mean what the #### is it going to take for real federal action. We don't need civil rights to be part of this. We just need rights, period, as in the right to live free from harassment, bodily injury and death at the hands of the people we pay to protect us.

What the #### is Obama waiting for here?

 
cstu said:
Besides my advice of not running from police or trying to take their gun/taser, I would like to add two more:

- don't pretend your cell phone is a gun and point it at people

- don't associate yourself without people who would do any of the above
and then keep walking away in the other direction probably laughing and pissing off the off duty cop who just had his pride butt hurt ,who in turn decides to open fire into a crowd of people ...got it...thanks
Do what you're told and cower before The Man and you'll minimize the odds of getting shot.
There is no such thing as "The Man" - they're are only cops who want their day to go as smoothly as possible so they can get back to their families at the end of the day.
I believe the term 'off duty' means that the 'end of the day' already occurred, no?
im assuming he was not in uniform or showing in any way he is a cop...to people passing by he`s just a dude in his car telling you to be quiet on a public street

 
When you have been arrested 21 times the odds are one of those may not go so well.
So what, a 4.9% chance of being killed by police for no good reason per encounter is an acceptable risk?
I don't know you have to ask the criminal that runs if it is acceptable. Apparently he was willing to take the risk because he took off like a jack rabbit. A simple hard tackle can break your back.

 
Today's the first I've heard of this case:

Off duty cop acquitted of all charges after shooting an unarmed black woman in the back of the head from his car.

Claims he "feared for his life" as the group walked away from his vehicle down an alley.
Wow. That's insane.
WTF??
I'm very confused by this story. It seems like the judge made this decision as a matter of law and didn't even let the case go to the jury, because he was only charged with involuntary manslaughter. Basically the judge is saying that because the cop shot the woman on purpose, then there was no recklessness? That can't be right.
Correct, he said the charge should have been murder, not involuntary manslaughter.

The judge found that prosecutors failed to prove that Servin acted “recklessly” when he fired at Boyd and three friends. The judge suggested in his ruling that prosecutors should have brought a murder charge, according to a report from the Chicago Tribune.

“The act of intentionally firing a gun at some person or persons on the street is an act that is so dangerous it is beyond reckless; it is intentional, and the crime, if any there be, is first degree murder,” wrote Cook County Associate Judge Dennis Porter.
And now because of double jeopardy rules, the cop can't be charged with murder. It's a complete joke.

Quote via Salon
What the mother ####?????
Our Justice system is completely, 100% broken. It is a ####### joke. It's so ####### contorted it allows a man who fires a gun at people and kills them for no reason to go free. Meanwhile, parking tickets and refusal to pay them will land you in jail. Letting your kids walk around your neighborhood gets them taken from you. ####### JOKE.

In case it isn't abundantly clear by now, the whole "feared for my life" crap has made prosecuting violent crimes impossible in this country. We have let an edge case (someone holding an unloaded gun) legalize murder in this ####ed up, gun-crazed, violent culture we call the United states. There is no defense for this kind of crap. Every single law allowing you to kill someone because you "feared for your life" needs to come off the books immediately. Forensics should be the only thing that matters.

God I ####### hate this country. I have never seen a place that has it so incredibly good work so hard to #### things up for no reason at all. Well I guess they do sell a ####load of guns here. This place is ####### tragic beyond belief.
If you're serious about the bolded then get the #### out of here. Plenty of people willing to take your place.
I've lived here my whole life. I pay ####### taxes and I can damn well hate what this country has become if I feel like it. It's sickening. Reading about this #### makes me want to puke.

All "love it or leave it" does is make people blind to the massive problems we have here. It's a stupid response steeped in the myth of American exceptionalism.
Then frankly why don't you spend just 10% of your time investigating all the positive things that police do on a daily basis vs the negative. Guess what it is probably 10,000 to 1---good vs bad. But right now we are on a witch hunt in this country and if you can't see it, you are blind. Every possible police encounter that is questionable is being reported by the media and splashed in the headlines and when it doesn't fit the narrative we want, we try and find another. There have been several in the last two months that appear on the MSN headlines and then magically we hear nothing about it again when OOOPs the guy who was shot actually fired at officers, but we don't print retractions. We got the click thru responses we hoped for at the time.

Stop being a lemming. There are probably 100s of thousands of police contacts each day. Most end with nothing--a warning, a have a good day. But a heck of a lot more end up with an officer laying down their lives to protect an innocent person. However, that isn't deemed news instead we report on the ,000001 of cases where something bad "may" have happened.

Last night I watched CNN and it was embarrassing. The reporter is mixing through the Baltimore protesters and he is reporting that "no, no violence yet. People are mad and want justice, but they are just simmering and want answers and it is just really ready to explode". It is like they are hoping something happens because Riots=ratings.

There are bad cops. There are bad doctors. Heck, we just saw a bad airplane pilot kill a bunch of people. This whole junk about "it is getting out of control" shows you are falling for exactly what the media is feeding you.

 
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When you have been arrested 21 times the odds are one of those may not go so well.
So what, a 4.9% chance of being killed by police for no good reason per encounter is an acceptable risk?
I don't know you have to ask the criminal that runs if it is acceptable. Apparently he was willing to take the risk because he took off like a jack rabbit. A simple hard tackle can break your back.
Of course he wasn't guilty of anything because he ran.

Much of what police officers do in terms of interrogating people is predicated on willingness by the subject. Police can't just stop folks and detain them on a whim. It happens a lot, but only because folks are voluntarily compliant with a request. "Hey, can I talk to you for a second?" from a police officer gets most folks to stop and talk even though they don't have to. Those who respond with "no" and leave have done nothing wrong.

Once you stop to talk to the officer, the officer has the right to "pat you down", purely for safety's sake of course. But it becomes a real infringement into your privacy that the officer wouldn't otherwise have. It's akin to letting the police into your house.

What is going to happen is that voluntary compliance will erode with all of these bad actors bring caught on video. Police rely on a certain level of trust and voluntary compliance to do their jobs. That's why effective police forces do a good job of interacting with the public as a whole and engendering trust. It's critical because there's no way society can be policed effectively if there is resistance to it everywhere.

 
The judge found that prosecutors failed to prove that Servin acted “recklessly” when he fired at Boyd and three friends. The judge suggested in his ruling that prosecutors should have brought a murder charge, according to a report from the Chicago Tribune.

“The act of intentionally firing a gun at some person or persons on the street is an act that is so dangerous it is beyond reckless; it is intentional, and the crime, if any there be, is first degree murder,” wrote Cook County Associate Judge Dennis Porter.
And now because of double jeopardy rules, the cop can't be charged with murder. It's a complete joke.

Quote via Salon

What the mother ####?????
Our Justice system is completely, 100% broken. It is a ####### joke. It's so ####### contorted it allows a man who fires a gun at people and kills them for no reason to go free. Meanwhile, parking tickets and refusal to pay them will land you in jail. Letting your kids walk around your neighborhood gets them taken from you. ####### JOKE.

In case it isn't abundantly clear by now, the whole "feared for my life" crap has made prosecuting violent crimes impossible in this country. We have let an edge case (someone holding an unloaded gun) legalize murder in this ####ed up, gun-crazed, violent culture we call the United states. There is no defense for this kind of crap. Every single law allowing you to kill someone because you "feared for your life" needs to come off the books immediately. Forensics should be the only thing that matters.

God I ####### hate this country. I have never seen a place that has it so incredibly good work so hard to #### things up for no reason at all. Well I guess they do sell a ####load of guns here. This place is ####### tragic beyond belief.
If you're serious about the bolded then get the #### out of here. Plenty of people willing to take your place.
I've lived here my whole life. I pay ####### taxes and I can damn well hate what this country has become if I feel like it. It's sickening. Reading about this #### makes me want to puke.

All "love it or leave it" does is make people blind to the massive problems we have here. It's a stupid response steeped in the myth of American exceptionalism.
Then frankly why don't you spend just 10% of your time investigating all the positive things that police do on a daily basis vs the negative. Guess what it is probably 10,000 to 1---good vs bad. But right now we are on a witch hunt in this country and if you can't see it, you are blind. Every possible police encounter that is questionable is being reported by the media and splashed in the headlines and when it doesn't fit the narrative we want, we try and find another. There have been several in the last two months that appear on the MSN headlines and then magically we hear nothing about it again when OOOPs the guy who was shot actually fired at officers, but we don't print retractions. We got the click thru responses we hoped for at the time.

Stop being a lemming. There are probably 100s of thousands of police contacts each day. Most end with nothing--a warning, a have a good day. But a heck of a lot more end up with an officer laying down their lives to protect an innocent person. However, that isn't deemed news instead we report on the ,000001 of cases where something bad "may" have happened.

Last night I watched CNN and it was embarrassing. The reporter is mixing through the Baltimore protesters and he is reporting that "no, no violence yet. People are mad and want justice, but they are just simmering and want answers and it is just really ready to explode". It is like they are hoping something happens because Riots=ratings.

There are bad cops. There are bad doctors. Heck, we just saw a bad airplane pilot kill a bunch of people. This whole junk about "it is getting out of control" shows you are falling for exactly what the media is feeding you.
The problem is that no one cares about someone doing his/her job properly, because that's what he/she is paid to do. The only thing that anyone notices is exceptional behavior, good or bad. And it's those bad actors that create a problem for police forces as a whole.

The real problem is the failure to punish the bad actor after he's done something wrong. Look at the situation involving Servin. He straight-up killed a woman. The judge tossed the case because he said, essentially, that the prosecution proved his conduct was "intentional" rather than "reckless". It's a decision that is being hailed as "incredible" in legal circles because it's mind boggling. All his family and friends and neighbors see is that "the system" protected its own. Think any of them will place any trust in that system in the future? Why should they? Any non-police officer would have been convicted as a matter of course, but the cop walks. That perception is their reality now. It doesn't have to be right 100% of the time or even 10% of the time, because that's their perspective and it can't be fixed with outreach programs and PR campaigns. The cop killed their daughter/sister/friend/cousin in cold blood and he walks because "the system" is rigged.

 
When you have been arrested 21 times the odds are one of those may not go so well.
So what, a 4.9% chance of being killed by police for no good reason per encounter is an acceptable risk?
I don't know you have to ask the criminal that runs if it is acceptable. Apparently he was willing to take the risk because he took off like a jack rabbit. A simple hard tackle can break your back.
Of course he wasn't guilty of anything because he ran.

Much of what police officers do in terms of interrogating people is predicated on willingness by the subject. Police can't just stop folks and detain them on a whim. It happens a lot, but only because folks are voluntarily compliant with a request. "Hey, can I talk to you for a second?" from a police officer gets most folks to stop and talk even though they don't have to. Those who respond with "no" and leave have done nothing wrong.

Once you stop to talk to the officer, the officer has the right to "pat you down", purely for safety's sake of course. But it becomes a real infringement into your privacy that the officer wouldn't otherwise have. It's akin to letting the police into your house.

What is going to happen is that voluntary compliance will erode with all of these bad actors bring caught on video. Police rely on a certain level of trust and voluntary compliance to do their jobs. That's why effective police forces do a good job of interacting with the public as a whole and engendering trust. It's critical because there's no way society can be policed effectively if there is resistance to it everywhere.
Silly boy, never invite a vampire into your house.

 
When you have been arrested 21 times the odds are one of those may not go so well.
So what, a 4.9% chance of being killed by police for no good reason per encounter is an acceptable risk?
I don't know you have to ask the criminal that runs if it is acceptable. Apparently he was willing to take the risk because he took off like a jack rabbit. A simple hard tackle can break your back.
Of course he wasn't guilty of anything because he ran.

Much of what police officers do in terms of interrogating people is predicated on willingness by the subject. Police can't just stop folks and detain them on a whim. It happens a lot, but only because folks are voluntarily compliant with a request. "Hey, can I talk to you for a second?" from a police officer gets most folks to stop and talk even though they don't have to. Those who respond with "no" and leave have done nothing wrong.

Once you stop to talk to the officer, the officer has the right to "pat you down", purely for safety's sake of course. But it becomes a real infringement into your privacy that the officer wouldn't otherwise have. It's akin to letting the police into your house.

What is going to happen is that voluntary compliance will erode with all of these bad actors bring caught on video. Police rely on a certain level of trust and voluntary compliance to do their jobs. That's why effective police forces do a good job of interacting with the public as a whole and engendering trust. It's critical because there's no way society can be policed effectively if there is resistance to it everywhere.
Silly boy, never invite a vampire into your house.
Exactly. We're all well-programmed to say "no" to that request. But for some reason there's a perception that we have to stop and talk to a police officer if he asks us to do so and anyone who doesn't has done something wrong.

 
When you have been arrested 21 times the odds are one of those may not go so well.
So what, a 4.9% chance of being killed by police for no good reason per encounter is an acceptable risk?
I don't know you have to ask the criminal that runs if it is acceptable. Apparently he was willing to take the risk because he took off like a jack rabbit. A simple hard tackle can break your back.
Of course he wasn't guilty of anything because he ran.

Much of what police officers do in terms of interrogating people is predicated on willingness by the subject. Police can't just stop folks and detain them on a whim. It happens a lot, but only because folks are voluntarily compliant with a request. "Hey, can I talk to you for a second?" from a police officer gets most folks to stop and talk even though they don't have to. Those who respond with "no" and leave have done nothing wrong.

Once you stop to talk to the officer, the officer has the right to "pat you down", purely for safety's sake of course. But it becomes a real infringement into your privacy that the officer wouldn't otherwise have. It's akin to letting the police into your house.

What is going to happen is that voluntary compliance will erode with all of these bad actors bring caught on video. Police rely on a certain level of trust and voluntary compliance to do their jobs. That's why effective police forces do a good job of interacting with the public as a whole and engendering trust. It's critical because there's no way society can be policed effectively if there is resistance to it everywhere.
Silly boy, never invite a vampire into your house.
Exactly. We're all well-programmed to say "no" to that request. But for some reason there's a perception that we have to stop and talk to a police officer if he asks us to do so and anyone who doesn't has done something wrong.
can anyone really blame blacks for running first and asking questions later? they are lead to believe that its open season on young black males and the cops are the hunters.....i wish i could say that im sensationalizing that statement but its a reality to blacks

 
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Those cases detail a frightful human toll. Officers have battered dozens of residents who suffered broken bones — jaws, noses, arms, legs, ankles — head trauma, organ failure, and even death, coming during questionable arrests. Some residents were beaten while handcuffed; others were thrown to the pavement.

And in almost every case, prosecutors or judges dismissed the charges against the victims — if charges were filed at all. In an incident that drew headlines recently, charges against a South Baltimore man were dropped after a video showed an officer repeatedly punching him — a beating that led the police commissioner to say he was “shocked.”

Such beatings, in which the victims are most often African-Americans, carry a hefty cost.

 
On a Tuesday afternoon in March 2009, Floyd spotted a crowd of officers and bystanders up the street, her lawsuit stated. She then heard a detective threaten to fire a stun gun at her 20-year-old grandson.

Floyd, who was 58 at the time and without a criminal record, climbed down the four steps of her gray brick rowhouse to usher her grandson away from the drug operation.
Some of these are horrible, but what do you expect if you do something like this?

This is the officer's side of the story (almost the same):

In charging documents, he gave a different account of the incident, accusing Floyd of stepping between officers and her grandson.

When officers ordered the grandson to leave, he refused. Floyd then “adopted a hostile and aggressive posture” and tried to pull him away,
 
Tennessee_ATO said:
Of course he wasn't guilty of anything because he ran.Much of what police officers do in terms of interrogating people is predicated on willingness by the subject. Police can't just stop folks and detain them on a whim. It happens a lot, but only because folks are voluntarily compliant with a request. "Hey, can I talk to you for a second?" from a police officer gets most folks to stop and talk even though they don't have to. Those who respond with "no" and leave have done nothing wrong.

Once you stop to talk to the officer, the officer has the right to "pat you down", purely for safety's sake of course. But it becomes a real infringement into your privacy that the officer wouldn't otherwise have. It's akin to letting the police into your house.

What is going to happen is that voluntary compliance will erode with all of these bad actors bring caught on video. Police rely on a certain level of trust and voluntary compliance to do their jobs. That's why effective police forces do a good job of interacting with the public as a whole and engendering trust. It's critical because there's no way society can be policed effectively if there is resistance to it everywhere.
That is :bs:

I'm not going to deny that it happens, but cops do not have a legal right to frisk someone simply for talking to them.

A study of 'stop and frisk' policy in Los Angeles found arrests were made 30% of the time - a rate 5x higher than in New York.

That hit rate tells me the LAPD are being much more selective in who they frisk, which makes a huge difference in how they are perceived in the community.

 
Tennessee_ATO said:
Of course he wasn't guilty of anything because he ran.Much of what police officers do in terms of interrogating people is predicated on willingness by the subject. Police can't just stop folks and detain them on a whim. It happens a lot, but only because folks are voluntarily compliant with a request. "Hey, can I talk to you for a second?" from a police officer gets most folks to stop and talk even though they don't have to. Those who respond with "no" and leave have done nothing wrong.

Once you stop to talk to the officer, the officer has the right to "pat you down", purely for safety's sake of course. But it becomes a real infringement into your privacy that the officer wouldn't otherwise have. It's akin to letting the police into your house.

What is going to happen is that voluntary compliance will erode with all of these bad actors bring caught on video. Police rely on a certain level of trust and voluntary compliance to do their jobs. That's why effective police forces do a good job of interacting with the public as a whole and engendering trust. It's critical because there's no way society can be policed effectively if there is resistance to it everywhere.
That is :bs:

I'm not going to deny that it happens, but cops do not have a legal right to frisk someone simply for talking to them.

A study of 'stop and frisk' policy in Los Angeles found arrests were made 30% of the time - a rate 5x higher than in New York.

That hit rate tells me the LAPD are being much more selective in who they frisk, which makes a huge difference in how they are perceived in the community.
Yeah, but it's not BS. Arizona v. Johnson explicitly allows the pat-down of a passenger based on no reasonable suspicion of criminal activity on the part of the passenger, only the subjective belief of the officer that the passenger presented a risk that was based solely on the fact that the passenger was from an area of town in which the Crips gang was prevalent. Arizona pushed for a broader ruling allowing this type of a pat-down in a consensual stop but the Court stopped short of that.

Several Circuits have explicitly held that pat-downs are perfectly allowable in a consensual stop (as opposed to a forcible detention): the 8th and 9th for sure. Florida has also held that a pat down is OK in a consensual encounter, and that pat down can go as far as searching a purse.

Judges are very deferential to police officers on pat-downs because they view the intrusion as slight and the need for police officers to be safe is significant. They don't always agree with the reasonable suspicion required for the Terry stop if it isn't a consensual stop, but the distinction between the 2 is often non-existent given the disparity in authority between police officer and civilian.

 
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Yeah, but it's not BS. Arizona v. Johnson explicitly allows the pat-down of a passenger based on no reasonable suspicion of criminal activity on the part of the passenger, only the subjective belief of the officer that the passenger presented a risk that was based solely on the fact that the passenger was from an area of town in which the Crips gang was prevalent. Arizona pushed for a broader ruling allowing this type of a pat-down in a consensual stop but the Court stopped short of that.

Several Circuits have explicitly held that pat-downs are perfectly allowable in a consensual stop (as opposed to a forcible detention): the 8th and 9th for sure. Florida has also held that a pat down is OK in a consensual encounter, and that pat down can go as far as searching a purse.

Judges are very deferential to police officers on pat-downs because they view the intrusion as slight and the need for police officers to be safe is significant. They don't always agree with the reasonable suspicion required for the Terry stop if it isn't a consensual stop, but the distinction between the 2 is often non-existent given the disparity in authority between police officer and civilian.
Interesting, I read up on it:

The police may conduct a pat down search of an occupant if the police reasonably suspect that the individual is armed and dangerous
We have a problem - how do police do their job if they aren't allowed to search suspicious people? On the other hand, if a law if poorly written then it opens it to abuse.

The way I see it is that you are giving up your 4th Amendment right when you get in a car. Like a lot of things it's not fair, but either don't drive or don't carry guns with you.

 
The police may conduct a pat down search of an occupant if the police reasonably suspect that the individual is armed and dangerous
We have a problem - how do police do their job if they aren't allowed to search suspicious people? On the other hand, if a law if poorly written then it opens it to abuse.

The way I see it is that you are giving up your 4th Amendment right when you get in a car. Like a lot of things it's not fair, but either don't drive or don't carry guns with you.
Have a legitimate reason as to why you call them suspicious.

Where you are from, where you are at (if in a legal place to be), your race, color, religion, height/weight, sex are simply not going to work.

 
We have a problem - how do police do their job if they aren't allowed to search suspicious people?
WTF?
So you're a cop and you pull over a guy who is acting nervous and twitchy, giving you strange answers and you wouldn't think it's reasonable to search him?
You do know there are people who are naturally nervous and twitchy... take Marco Rubio for example.

And TONS of people get nervous and twitchy talking to the police.

And why in the hell did you pull the guy over in the first place? That is a key facet you left out.

Because he had a tail light out? Then no, no searching.

 
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We have a problem - how do police do their job if they aren't allowed to search suspicious people?
WTF?
So you're a cop and you pull over a guy who is acting nervous and twitchy, giving you strange answers and you wouldn't think it's reasonable to search him?
You do know there are people who are naturally nervous and twitchy... take Marco Rubio for example.

And TONS of people get nervous and twitchy talking to the police.

And why in the hell did you pull the guy over in the first place? That is a key facet you left out.

Because he had a tail light out? Then no, no searching.
AND who`s to say or define ''suspicious'' ? The cops ? I live near a town called Northborough...they have the highest DUI arrests in the state i believe ....what they do is ,if you are out after a certain time at night they just pull you over and claim you crossed the marked lane...then if you are drunk you get arrested ...if not they let you go with a warning ...almost every single arrest for DUI in the paper starts out with''failure to stay within marked lanes'' as the initial violation...point being cops can pull over anyone they want ...just need a made up reason like the above^^^^^^^^^^

 
We have a problem - how do police do their job if they aren't allowed to search suspicious people?
WTF?
So you're a cop and you pull over a guy who is acting nervous and twitchy, giving you strange answers and you wouldn't think it's reasonable to search him?
You do know there are people who are naturally nervous and twitchy... take Marco Rubio for example.

And TONS of people get nervous and twitchy talking to the police.

And why in the hell did you pull the guy over in the first place? That is a key facet you left out.

Because he had a tail light out? Then no, no searching.
AND who`s to say or define ''suspicious'' ? The cops ? I live near a town called Northborough...they have the highest DUI arrests in the state i believe ....what they do is ,if you are out after a certain time at night they just pull you over and claim you crossed the marked lane...then if you are drunk you get arrested ...if not they let you go with a warning ...almost every single arrest for DUI in the paper starts out with''failure to stay within marked lanes'' as the initial violation...point being cops can pull over anyone they want ...just need a made up reason like the above^^^^^^^^^^
But cops are always honest. They would never lie about why they stopped someone...

 
Yeah, but it's not BS. Arizona v. Johnson explicitly allows the pat-down of a passenger based on no reasonable suspicion of criminal activity on the part of the passenger, only the subjective belief of the officer that the passenger presented a risk that was based solely on the fact that the passenger was from an area of town in which the Crips gang was prevalent. Arizona pushed for a broader ruling allowing this type of a pat-down in a consensual stop but the Court stopped short of that.

Several Circuits have explicitly held that pat-downs are perfectly allowable in a consensual stop (as opposed to a forcible detention): the 8th and 9th for sure. Florida has also held that a pat down is OK in a consensual encounter, and that pat down can go as far as searching a purse.

Judges are very deferential to police officers on pat-downs because they view the intrusion as slight and the need for police officers to be safe is significant. They don't always agree with the reasonable suspicion required for the Terry stop if it isn't a consensual stop, but the distinction between the 2 is often non-existent given the disparity in authority between police officer and civilian.
Interesting, I read up on it:

The police may conduct a pat down search of an occupant if the police reasonably suspect that the individual is armed and dangerous
We have a problem - how do police do their job if they aren't allowed to search suspicious people? On the other hand, if a law if poorly written then it opens it to abuse.

The way I see it is that you are giving up your 4th Amendment right when you get in a car. Like a lot of things it's not fair, but either don't drive or don't carry guns with you.
"Suspicious" is a meaningless word though.

There is a body of case law finding that if an officer attempts to initiate a consensual encounter and the civilian runs, that's "reasonable suspicion" to justify a Terry stop and frisk. In other words, the civilian has the absolute right to not engage the officer, but in exercising that right by running away he gives the officer the right to forcibly detain and frisk him.

There's a body of case law finding that if a civilian consents to an encounter with a police officer, then revokes that consent during the encounter, that's "reasonable suspicion" to justify a Terry stop and frisk. In other words, consent must essentially be open-ended or else it creates "reasonable suspicion".

To be sure, the Supreme Court has never said the above are OK, but they haven't said they aren't OK either. And there is dispute among the different circuits on whether the above is OK, so it isn't like that case law applies to everyone everywhere, but it damn sure applies to lots of people in lots of places in the US.

And then there's the Supreme Court's holding that a consensual stop doesn't become a Terry stop unless the police officer makes it clear by force or command that the civilian isn't allowed to leave. The Supremes have held this even while explicitly recognizing that a civilian might well misinterpret a police officer's requests as commands due to the nature of the officer's authority (gun, badge, uniform, handcuffs, etc.), but that doesn't change a consensual stop into a Terry stop. In other words, the civilian may think it's a Terry stop when it isn't and perceive the officer's requests as commands because of that misunderstanding. Officers are trained how to avoid converting a consensual stop into a Terry stop by manipulating that apparent authority, because the Terry stop requires "reasonable suspicion" of criminal activity while a consensual stop does not. They are taught to forcefully ask with an authoritative presence, not command. They are taught to forcefully ask for ID, which they are entitled to, not command -- that's to give the civilian the opportunity to revoke consent so the officer can consider escalating the encounter to a Terry stop.

And you have the age-old "furtive movement"/"furtive glance" basis for "reasonable suspicion". What the hell is a "furtive glance" or "furtive movement" anyway? I can argue that almost anything can be construed as "furtive" from the perspective of the officer -- the only perspective that matters to the courts. It's become the new "I saw a gun butt protruding from under the seat" back-end justification for a search (also known as the "I found something illegal, therefore the search was lawful" defense).

"Reasonable suspicion" is a term that can mean damn near anything.

There's actually quite a lot of stuff written by legal academics that suggests a sliding scale be used for the "reasonable suspicion" hurdle -- "reasonable suspicion" of a misdemeanor carrying a sentence of 6 months or less, for example, can't be the basis for a Terry stop or a frisk. Those papers haven't gained much traction because judges are loathe to place restrictions on officers' attempts to keep themselves safe.

Finally, you're going to start seeing a lot more 4th amendment/2nd amendment battles as the gun guys continue to get state law restrictions on gun possession reduced. At the end of the day, if a police officer engages you in a consensual encounter and asks you if you have a gun on you, and you legally do, does he have the right to pat you down and take that gun from you for the rest of that consensual encounter? The Supremes have given a blanket "yes" in the past. Think about that -- you have the 2nd amendment right to carry a gun so long as you comply with reasonable restrictions, how can that be the basis to create a "reasonable suspicion" that you are "dangerous"?

 
We have a problem - how do police do their job if they aren't allowed to search suspicious people?
WTF?
So you're a cop and you pull over a guy who is acting nervous and twitchy, giving you strange answers and you wouldn't think it's reasonable to search him?
You do know there are people who are naturally nervous and twitchy... take Marco Rubio for example.

And TONS of people get nervous and twitchy talking to the police.

And why in the hell did you pull the guy over in the first place? That is a key facet you left out.

Because he had a tail light out? Then no, no searching.
AND who`s to say or define ''suspicious'' ? The cops ? I live near a town called Northborough...they have the highest DUI arrests in the state i believe ....what they do is ,if you are out after a certain time at night they just pull you over and claim you crossed the marked lane...then if you are drunk you get arrested ...if not they let you go with a warning ...almost every single arrest for DUI in the paper starts out with''failure to stay within marked lanes'' as the initial violation...point being cops can pull over anyone they want ...just need a made up reason like the above^^^^^^^^^^
This. Did you notice in the expose' on Baltimore that the officers parroted the same phrase "feared for his safety"? That's been trained into them.

It reminds me of that old South Park episode where Uncle Jimbo sells automatic weapons for hunting. They aren't legal for hunting he says, but they are for self-defense. So you have to fear for your life before you can shoot wildlife with them. He teaches the kids to shout "He's coming right at us!!!" before shooting the rabbit to make it all legal.

 
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At least the cops are smart enough not to inflame volatile situations :oldunsure:

(CNN)As protesters decrying Freddie Gray's death plan more rallies in Baltimore Thursday, anger is mounting over a police union's comparison of the protest to a "lynch mob."

"While we appreciate the right of our citizens to protest and applaud the fact that, to date, the protests have been peaceful, we are very concerned about the rhetoric of the protests," the Baltimore Fraternal Order of Police Lodge 3 said in a statement.

"In fact, the images seen on television look and sound much like a lynch mob in that they are calling for the immediate imprisonment of these officers without them ever receiving the due process that is the constitutional right of every citizen, including law enforcement officers."
 
BustedKnuckles said:
can anyone really blame blacks for running first and asking questions later? they are lead to believe that its open season on young black males and the cops are the hunters.....i wish i could say that im sensationalizing that statement but its a reality to blacks
Why whom? The media? Where are the stories of the young black males who don't run and thus don't get into one of these situations?

 
BustedKnuckles said:
can anyone really blame blacks for running first and asking questions later? they are lead to believe that its open season on young black males and the cops are the hunters.....i wish i could say that im sensationalizing that statement but its a reality to blacks
Why whom? The media? Where are the stories of the young black males who don't run and thus don't get into one of these situations?
Well, we've seen several posted in this thread of young black males who don't run and who do get into these situations.

 
BustedKnuckles said:
can anyone really blame blacks for running first and asking questions later? they are lead to believe that its open season on young black males and the cops are the hunters.....i wish i could say that im sensationalizing that statement but its a reality to blacks
Why whom? The media? Where are the stories of the young black males who don't run and thus don't get into one of these situations?
Well, we've seen several posted in this thread of young black males who don't run and who do get into these situations.
That's not what I was questioning. I was asking who are leading young black males to believe it's open season on them?

 

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