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Law Enforcement Question: If you are a P.O. or know the answer...

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Old 07-19-2006, 08:11 PM
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The cop was running his mouth after he overheard me tell some dude I "was gonna kill him"...

Long story short, he kept calling me a "hardass" and telling me to stay away from the township I was in...

I told him that he wouldnt be in my face if he wasnt wearing a badge...

That second I had 2 cops pull my arms behind my back and slam me to my knees... I made no attemt to resist arrest... when I was detained in full cooperation, the cop sprayed me with mace...

I still made no atempt to resist...

Is that legal?

I know I should have been a little more respectful, but when you have some young rookie at 5' 5" getting in your face for no reason... well...
Old 07-19-2006, 08:33 PM
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verbal assaults lead to physical assaults.. the officer would also look at your body language.. Were you tensing up, balling your fists, taking an aggressive stance, if they put you to your knees were they trying to prone you out and you stopped on your knees... and what were the circumstances around them and you being inthe same place.. ( were they called because it looked like or you were fighting with another).. But sounds like the words you used were fighting words.....

Gerry
Old 07-19-2006, 08:42 PM
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I told him that he wouldnt be in my face if he wasnt wearing a badge...
Great way to defuse the situation.........
Old 07-19-2006, 08:48 PM
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Originally Posted by gerry
verbal assaults lead to physical assaults.. the officer would also look at your body language.. Were you tensing up, balling your fists, taking an aggressive stance, if they put you to your knees were they trying to prone you out and you stopped on your knees... and what were the circumstances around them and you being inthe same place.. ( were they called because it looked like or you were fighting with another).. But sounds like the words you used were fighting words.....

Gerry
No body language, nothing...

I went down with no problems at all...

I know I am at fault for the comment I made, but its really bothering that this cop can do this...

I have NEVER been maced in my life and have been in some bad situations...

I usually respect officers, but this one was a punk...

I would never assault a P.O. I'm not stupid...
Old 07-19-2006, 09:18 PM
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I would say technically its not right...

But given the circumstance, you really did ask for it.
Old 07-19-2006, 09:51 PM
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"......and now you know......the REST of the story." P. Harvey
Old 07-19-2006, 11:34 PM
  #22  
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I'm not saying the Police Officer was right or wrong but given the nature of society today I can not say I blame him for doing what he did. He DOES NOT know you. He has most likely had the exact same situation happen to him before and it got out of hand and he did not want this situation to turn ugly. This man has a family and just wants to go home safe.
It is always best for that Police Officer to error on the side of caution. Then if he was wrong he can atleast live to see another day with his family.
Sorry that is just how I feel about situations like that. Although I am still not saying he was right or wrong.

BTW, I have to ask. Were you searched prior to making your remark? If not I would think that would make his actions a little more reasonable.

Good thing it was just mace and not a Tazer You would have had a new appreciation for pain....
Old 07-19-2006, 11:37 PM
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Well I am not sure about where you are at but here OC spray is now a minimal use of force and it is not investigated like using a gun, baton, taser stun bag ect...

there will be a report written if they used OC spray and you can get a copy of that report to see how they articulated it.. it may give you some insight as to what was going through their mind when the events occurred.. then evaluate your view and their view and see if you can understand it...

I have friends that always ask why do you guys do this or that... After a while I take them on a ride along and plaster a "sheriffs observer" badge on the front of them.. they usually come back with a different outlook on law enforcement....

Gerry
Old 07-19-2006, 11:43 PM
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Gerry

You mean they get a serious dose of reality???

Biological dad is a retired 25 year vetran of Visalia Ca Police Dept.

I went on many ride alongs and NO THANKS!! I want nothing to do with it!!

Having to deal with the dregs of society on a daily basis is not for me!!!

Besides Cops have rules!! I DON'T!!!

Rick
Old 07-20-2006, 07:17 AM
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Originally Posted by Digital Bullet
The cop was running his mouth after he overheard me tell some dude I "was gonna kill him"...
Technically, you're not supposed to threaten to kill people.

Originally Posted by Digital Bullet
I told him that he wouldnt be in my face if he wasnt wearing a badge...
Assulting an officer.... not good. All he has to say is he felt threatened by you and he has his reason.
Old 07-20-2006, 08:05 AM
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In other words, it all comes down to this:

If you pay enough money for a lawyer, the cop probably couldn't have shot you in the face with pepper spray.

If you want to keep your money, the cop didn't do anything illegal.
Old 07-20-2006, 08:31 AM
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Originally Posted by Digital Bullet
The cop was running his mouth after he overheard me tell some dude I "was gonna kill him"...
With just the right circumstances surrounding a comment like that it could be a felony! In any encounter with LE you need to understand that they must take everything that transpires seriously. How do they know you didn't plan on making good on the threat?

Long story short, he kept calling me a "hardass" and telling me to stay away from the township I was in...
So why didn't you just say, "Okay", and be on your way?

I told him that he wouldnt be in my face if he wasnt wearing a badge...
At this moment you personally involved him into the already tense situation.


I know I should have been a little more respectful, but when you have some young rookie at 5' 5" getting in your face for no reason... well...
I know I should have been a little more respectful, but when you threaten some young rookie at 5' 5" ... well...


Look, I'm not saying they were right, but by being a smarty about the ordeal you didn't make it any easier for them to tell you to leave the scene and avoid any further confrontation. Wouldn't that have been nice? They would have said, "Sir you are free to go to your vehicle and leave." Instead of
That second I had 2 cops pull my arms behind my back and slam me to my knees... I made no attemt to resist arrest... when I was detained in full cooperation, the cop sprayed me with mace...
You might want to be careful what you say to civilians too... with the passing of the Castle Doctrine in more than a few states lately all you have to do is give someone a reason to believe that you intend to cause physical harm possibly death to them and.... BANG you're dead! Of course, Ohio hasn't gotten wise to that law yet, but it is likely to come up after we get HB347 passed.
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