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But I do not want the cop to be fined, just for him to pay for the damages (or the police force). He also does not have to be fired, just reprimanded and warned not to do it again.
And mostly injuries sustained by arrested individuals are totally down to their own actions but sometimes officers go way to far and go beyond the reasonable violence needed for a safe arrest, that alone should be open for lawsuits. Breaking a finger because you struggled so hard that you broke it due to your own struggling then sorry, no lawsuit allowed against the police officer.
Now if that officer broke your finger after you were in cuffs then yes, that would be a case in which a lawsuit against that officer should be filed.
It all has to do with reasonable behavior. The behavior of the officer in this video might have been understandable (based on the stress officer might go through) but what this officer did was not right IMHO and that should mean paying for the damages and a warning/suspension for a few days at most.
Why this is an issue:
1. For discussion purposes.
2. So that the next time a cop considers doing something similar they realize that it will have serious consequences.
I don't know about the cop's motive, but smashing a phone or camera appears to be an attempt to destroy evidence, most likely evidence of he cop's misconduct. It also may show an inability to control his anger. I would probably suspend him without pay for a couple of months unless there was some significant evidence that justifies his behavior.
Agreed 100%
It's assault, by a police officer.
why didn't the other officers arrest him?
why did the officer have a problem being filmed?
You see, conservatives and social democrats can agree on issues. Just because I am a liberal does not mean my common sense has "left the buidling".
:shrug: initially his actions look fairly indefensible, however, it's pretty obviously clipped. We will see what fully comes out.
In the meantime, those who rush to jump on the cop are operating in as much dark as those who rush to defend him.
What defense is possible to justify an officer destroying the private property of a citizen?
Did the officer feel threatened by the camera?
Did the officer arrest the person holding (wielding?) the camera?
None, but that is for the review to determine....
Possibly...More likely, with adrenaline pumping, and the lady's taunts in his ear, he snapped.
I don't think so...None of the articles mentioned any repercussions to the woman other than the assault, and breaking of her phone.
Possibly, that would have to be investigated, and determined legally by a court....You don't get to make that call.
Wait a minute...So, the other officers that had a group of suspects detained up against a wall being searched for weapons were supposed to what, say "ok guy's time out, we have to arrest Deputy idiot over here, now be still while we do that"? Are you serious? That could be a skit on SNL Rev...Really....:lamo
Could be many possible reasons...He could have been part of a gang taskforce and didn't want his picture out there for id purposes, he could have received death threats in the past, his family could be in danger if people identify him...There are many reasons....And yes, he could have been doing something wrong, or the woman taunting them with the cell phone cam could have just said something that set him off at the moment....who knows? But I do know this, our pontifications on what this guy should have done after the fact, and what his punishment should be for any crime if any, should be is beyond dumb....This is a clear case of media manipulation nothing more....We shouldn't fall for it....
What defense is possible to justify an officer destroying the private property of a citizen?
Did the officer feel threatened by the camera?
Did the officer arrest the person holding (wielding?) the camera?
Under what circumstances is it legal for anyone, including government agents to take and destroy anothers property without due process?
None, but that is for the review to determine....
Possibly...More likely, with adrenaline pumping, and the lady's taunts in his ear, he snapped.
I don't think so...None of the articles mentioned any repercussions to the woman other than the assault, and breaking of her phone.
Interestingly, apparently, when you dare to own something the government wishes to price-control.
More generally, however, when you use your property to threaten or interfere with others in non-lawful ways. As a single example, in order to stop car-chases, police officers will happily throw down spikes to destroy your tires.
You are seriously stretching when comparing spiking tires to stop a dangerous chase and destroying a camera. Seriously stretching. If this is the best parallel you can come up with, you got nothin'.Interestingly, apparently, when you dare to own something the government wishes to price-control.
More generally, however, when you use your property to threaten or interfere with others in non-lawful ways. As a single example, in order to stop car-chases, police officers will happily throw down spikes to destroy your tires.
Indeed, in persuit, or other lawful circumstances where the destruction of property helps aprehend a suspect, I can see that.
I can't see however this EVER applying to a cell phone.
I can - it doesn't seem to apply in this case, but if someone were attempting to take pictures of police engaged in undercover work, for example, for targeting purposes, or using their cell phone to as a control mechanism for other, dangerous items.
You are seriously stretching when comparing spiking tires to stop a dangerous chase and destroying a camera.
Is it illegal to take pictures of undercover police?
Targeting what?
and yes, if it was to be used as a bomb trigger like on teh tv, I agree.
but these examples are a bit extreme no?
Wait, the media is at fault for this jack boot's actions? I think I don't understand your position.
Under what circumstances is it legal for anyone, including government agents to take and destroy anothers property without due process? What law permits grabbing a cell phone out of ones hand smashing and kicking it?
I don't know. I would imagine, however, if you are doing it for collection purposes, that they are going to take that from you before (hopefully) you have the ability to pass it around.
Them. You think that criminal organizations don't do counter-intel?
teh tv? You've deployed enough times to know that's real.
:shrug: they are simply the first examples that leap to mind - they are easier to come up with because they are extreme. They simply demonstrate the rule that it is possible for taking and smashing someone's cellphone to be justifiable.
That is probably the most plausible scenario. The lady chose to act like a bitch, and he reacted angrily and therefore unprofessionally.
Under what legal precident or law?
You are going to have to paint me a picture here. Give me an example.
I've built **** with old phones (nothing illegal), most see it on teh tv.
I don't disagree with your position, I don't think you can make a case where it applies to a civillian holding a cell phone.
it is legal, and proper to film the police.
Yep....Like I said before, the person across the street filming what happened to here didn't generate the reaction from the Marshall's on scene, so, proximity, and taunting, not very smart on her part.
I wouldn't know the specifics. There is such a thing as LES information, however, and it is protected the same as any other classification.
of criminal counter-intelligence? or of how identifying undercover cops and passing their photographs around poses a potential threat to them.
:shrug: about half the stuff I've seen, I've seen post-detonation.
I don't know if you can make it applying to this instance of someone holding a cell phone (I would suspect you can't), but I can think of possibilities where they can be.
Under most circumstances, yes. Under some, no.
True. What is unfortunate is that her misbehavior is probably about to be rewarded, due to the cops reaction.
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