Imua Kuntao
Green Belt
Using the car is a very old practice to stop fleeing suspects, however they nolonger teach this.
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Well how can they bring the guy to court if he's in traction or has died because the car was sitting on him while being read his miranda??Using the car is a very old practice to stop fleeing suspects, however they no longer teach this.
Since I've moved to the South, I've come to realize that it takes longer to get the word down here about some things. In fact, many people don't seem to have gotten the word that the War of Northern Aggression has ended, let alone have heard of civil rights. These people are a small minority, but they are out there. They exist in all areas, including law enforcement. I had never heard the word "yankee" actually being used by someone outside of a history class or baseball context until I moved out of Ohio to NC.Using the car is a very old practice to stop fleeing suspects, however they nolonger teach this.
While I may agree with you on the idea that said officers should not have done these actions, and should be held fully accountable for them, I still am in disagreement with you on the use of a derogatory term which members of the law enforcement community may be offended by. Your points are easily made without it, and much of the other angst and venom that your recent forum contributions have indicated you are suffering from.Lack of tact, master?
When a murderous racist tries to kill someone and says that he intends to do so because of the color of a person's skin he is scum. When a cop does it we refer to it as "murder under the color of law". Murder or attempted murder under the color of law is worse than a regular crime. It degrades the Law and reduces respect for it. It causes police officers to betray their Oath by covering up for criminals and turns the whole profession into accomplices. The particulars of these cases indicate a pattern of crime with the very real possibility that it includes "conspiracy to deprive a person of civil rights based on race, color, creed or place of national origin". That is the sort of felony which lets the Feds get out the really big hammer.
These guys deserve exactly the same degree of tact and consideration as the Ku Klux Klan, the National Socialist White People's Party, Asian Pride or La Raza Unida. They abused their trust and make a mockery of the very concept of the Law and its servants.
I note that a few people have said "He gave up all his rights when he did a crime." Apply the same standard to these particular thugs. Anyone who believes the police did him wrong would have a right to kill the officer then and there. Do you really want police held to a higher standard than that? At least I'm willing to give them a trial before sending them to prison. Their defenders here are saying anyone with a badge has the right to be judge, jury and executioner and that suspicion of committing any illegal act should carry an automatic death sentence with no trial or appeal. That is straight out of the Idi Amin school of law enforcement.
The law on apprehending fleeing felons is very, very clear. Tennessee vs. Garner hasn't been overturned. A person doesn't forfeit his right not to be murdered the moment a cop decides the guy doesn't deserve to live. You can only shoot him in the back or run him down in defense or if you personally have ironclad probable cause to believe that he has committed or is about to immediately commit a crime of unusual heinousness with callous disregard for human life. That's the standard. Every police officer is supposed to know it.
You're mistaken, tellner......striking someone with a car at low speeds is NOT 'likely to cause death'......and simply causing physical injury is NOT considered lethal court by several supreme court decisions. Is it a good tactic? Depends on the situation.....but we don't know why these guys were running or why the officers were chasing them....KEY to discussing the objective reasonableness of their actions.To reiterate: It's only "the best option" if shooting him in the back of the head is also a "best option". If it isn't, you're a murderer acting under the color of law, not a police officer.
Simply striking someone with a 'dangerous weapon' is not necessarily lethal force.....a BATON strike is not considered lethal force. Moreover, we cannot really have an intelligent discussion of the incident without knowing specifics.....if the guy was an ARMED ROBBERY suspect fleeing with a gun, the officer would be JUSTFIED in hitting him with the vehicle.....I note a striking LACK of detail about the incident which would lead me to believe that media intentionally left it out as it would likely reduce the incendiary nature of the allegation.As an aside to Tellner's initial point: At least here in MA, a vehicle IS considered a "dangerous weapon" for purposes of a charge of assault and battery with a dangerous weapon, and it *has* come up as such a charge in court when anyone has willfully hit another person with their vehicle,and rightly so.
Simply striking someone with a 'dangerous weapon' is not necessarily lethal force.....a BATON strike is not considered lethal force. Moreover, we cannot really have an intelligent discussion of the incident without knowing specifics.....if the guy was an ARMED ROBBERY suspect fleeing with a gun, the officer would be JUSTFIED in hitting him with the vehicle.....I note a striking LACK of detail about the incident which would lead me to believe that media intentionally left it out as it would likely reduce the incendiary nature of the allegation.
You better DARN WELL believe if they were chasing the guy for a MISDEMEANOR non-violent crime, THAT FACT would be proudly displayed in the ARTICLE!
I've learned over the years that media can 'lie' without actually ever telling one single lie......what they do is OMIT certain details....but what they do say is ENTIRELY true.....it's what they DON'T say that completes the TRUE story however.
I will only respond to the racial epithet by saying this.....it was incredibly poor choice of words, but in and of itself does NOT equal any sort of crime....ESPECIALLY when muttered to oneself! NOR does it, in and of itself, change something OBJECTIVELY reasonable in to 'murder' by simple virtue of a 'word'......it sounds bad, but if the officer was OBJECTIVELY reasonable in hitting the guy with his car in the first place, it doesn't become unreasonable simply because he said something offensive to himself.
If someone finds out WHY these guys were fleeing, let me know.....WITHOUT knowing that, we are really just peeing in the dark.
These guys aren't going to be charged with anything in State court if charges are to be filled......cops don't really have to worry about that unless someone dies. The charges folks push in these incidents and the lawsuits that follow are all FEDERAL charges.....and several federal courts have concluded that 'Lethal Force' is different for the suspect and the officer......Lethal force for a SUSPECT is described as 'Any force likely to cause DEATH....or Serious Physical injury'...... For the officer, Lethal Force is described as 'Any force likely to cause DEATH...period!'.I'm gonna assume you mean the racial epithet originally posted in the article in question, as I did not and do not use them.
As far as what is or isn't "lethal force", well it varies on how wacky one's state is. Right here in my very own wonderful state You get a felony charge of assault with a deadly just for kicking someone while wearing a shoe. Now you know, and I know, that merely kicking someone isn't automatically deadly force by any means, but nonetheless that is what you will be charged with, even if cleared later.
I noticed one of those 'eggheads' quoted as sayingI know. Some egghead college-boy/girl doesn't even understand the concept of what goes on at street level.
"They're just lazy," said Alpert, a University of South Carolina criminal justice professor who consults with police on pursuit policies. "Rather than get out of their car or get in a foot race, or tackle someone ... they'll just hit them with the car door, with the bumper, and hope they don't run them over." http://citizen-times.com/apps/pbcs.dll/article?AID=/20080319/NEWS/80319102/1188