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Is what this cop did even legal?

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Ghost in the Machine Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:37 PM
Original message
Is what this cop did even legal?
Dog bites deputy during fight with suspect
Monday, September 14, 2009

Jeremy Belk Staff Writer

Loud music early this morning led to a call that eventually landed one man in jail after he tussled with officers and got Tasered. Meanwhile, an officer involved in the confrontation was bitten by a dog.

McMinn County Deputy Jarod Price was called to 166 County Road 622, in the Etowah area, on a call of loud music being played. When Price arrived, he could hear the music from the roadway. The deputy knocked at the door and Jeff Weeks answered, appearing intoxicated and smelling strongly of alcohol, according to the report.

Price asked Weeks to step outside so he could speak with him but Weeks refused. When asked for identification, Weeks allegedly again told the officer no.

When Price asked Weeks a second time to come out of the house, Weeks allegedly replied with an expletive, followed by no. According to the report, Price placed a hand on Weeks' shoulder to bring him outside so he could speak with him because he could not hear over the sound of the loud music. That's when Weeks allegedly shoved Price.
http://www.dailypostathenian.com/dynamic/News/Story/158...


What right does a cop have putting his hands on you if you haven't been read your rights or been told you were under arrest? The homeowner was within his rights to refuse to come outside. That's a trick the cops use, especially on visibly intoxicated people. They ask you to step outside, then they bust you for public intoxication.

The cop didn't *need* Mr. Weeks to step outside to ask him to turn his music down, nor did he need to ask for any ID. All he had to do was stand outside the doorway and say "we've had complaints about your loud music, can you please turn it down". If Mr. Weeks had then refused to comply, things may have been different. As it stands, from reading this story, the cop had no right whatsoever to put his hands on Mr. Weeks. Period.

Was this cop out of line?


Peace,

Ghost

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Robb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:40 PM
Response to Original message
1. If all events took place as written, the cop did fine.
Touching does not equal assault. Even when it's a cop doing it.
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Robb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:40 PM
Response to Reply #1
2. Caveat:
"Cop did fine" only goes as far as what we're discussing here. I'm not convinced his taser use later in the show was warranted.
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:43 PM
Response to Reply #1
3. Assault, legally defined:
An offensive, unconsented to touching of the person and/or things closely associated therewith.

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Robb Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:48 PM
Response to Reply #3
4. Assault requires intent. nt
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paulsby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:58 PM
Response to Reply #4
6. many times when i handcuff a person
it is offensive and unwanted to them. you are correct, that given a legal purpose (like arrest), it is not an assault. because the touching is legally justified.

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paulsby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 12:57 PM
Response to Original message
5. the case law is terry v. ohio. and yes, it's legal
cops can detain (which includes hands if needed) based on reasonable suspicion of a crime. as long as it is brief, etc.

lots of caveats, but that's a brief analysis.

the only issue would be the case law as to threshold door issues.

in my state, i cannot reach across a door threshold INTO a private residence w/o consent, exigency, communitiy caretaking, or a warrant.

but many other states treat the threshold as crossable.

but when the guy refused to provide his name, in most jurisdiction, considering that the cop was investigating an offense (noise violation or whatever) the person is legally obligated to provide his name.

whether the cop was out of line from a judgment angle is a different story. personally, given the threshold issues, i don't have a problem with it.

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Wizard777 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-16-09 01:00 PM
Response to Original message
7. The guy may have a case of assault against the officer.
Edited on Wed Sep-16-09 01:00 PM by Wizard777
If it is determined that the officer placing his hands on the gentlemen to be a unlawful performance of his Duties. The gentlemen has the right to defend himself from the assault. If the officer was in the lawful performance of his duties. It's assaulting a police officer and a subsequent resisting of arrest for assaulting the police officer.

Now I'm out on a limb here and stretching a bit. But moving the gentleman against his will goes into kidnapping. But you also have to understand that most IAD's do charges lite on officers. Here in maryland we have a case of an officer taking a minor into his basement and squeezing her boob and trying to entice her to have sex with him. He wasn't charged with any sex crimes. In a plea barging he pleaded guilty to simple assault. This will prevent him from having to register as a sex offender. Apparently the police have no real concerns over sexual predators that carry a badge. Isolated incident? Nope! we also had an officer that was fraudulently pulling over women for traffic violations. Then giving them the option of going to jail or allowing him to photograph himself fondling their breasts with his cell phone. He also shared those photos with others. Again no sex crimes charges or pornography charges. This sexual predator was also spared the sex offender registry. Moral of the story. If you are a sexual predator. Make sure you get a badge before committing your sex crimes. No one wants to see Officer Friendly become Officer Pervy. Candy lil girl? They don't want the public thinking to themselves. Is this officer going to help me or rape me?

Btw, I debate Police crimes and corruption with real cops, lawyers and civilians. In those debates many of the participating officers have earned my respect and admiration. There truly are some very good people carrying the badges We The People have entrusted them with.
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