It does NOT matter if that officer acted inappropriately! The law demands

[Jack_DeLeon]

that you comply with the officer, and then FILE A COMPLAINT.

At least according to benburch from the other thread.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x832685

Under Texas law you are allowed to defend yourself against a police officer in certain circumstances.

http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm

(c) The use of force to resist an arrest or search is
justified:
(1) if, before the actor offers any resistance, the
peace officer (or person acting at his direction) uses or attempts
to use greater force than necessary to make the arrest or search;
and
(2) when and to the degree the actor reasonably
believes the force is immediately necessary to protect himself
against the peace officer's (or other person's) use or attempted use
of greater force than necessary.

Obviously each individual will have to decide for themselves if using force to uphold you rights is worth it to you, and chances are good that even if you do use force that the police in question will overpower, and will be arrested and face trial, but you do have the right to protect youself.

Anyone live in other states that have similar laws?

[Skip Intro]

1. What does Texas law have to do with anything?

I'm missing something?

[MissB]

3. Duh. D.C. has been moved to Texas!

:eyes:

[Jack_DeLeon]

4. It points out that there are circumstances in which...

you have the right to not comply with " THE LAW."

I'm sure that there are other jurisdictions with similar laws in place.

The authority of law enforcement officers is not absolute.

[proud2BlibKansan]

2. Why do you all keep trashing this woman?

[MessiahRp]

5. My problem with McKinney is..

She made the whole ordeal that much worse by hitting the guy with a phone and then not even trying to apologize for it. I don't care if the guy harrassed her or whatever, she is a member of Congress and is expected to act more dignified than that. I think her lack of an apology is really hurting her case and all Dems are getting tied into it on the ridiculous talk shows.

Rp

[proud2BlibKansan]

9. Well I don't think she hit him on purpose

It sounds like she swung around and had her cell phone in her hand and it struck him in his chest.

Has it occurred to you that she may not have anything to apologize for?

[MessiahRp]

10. Even if she didn't hit him..

she went around the metal detectors and refused to comply with the officer. Sure she's a member of Congress, but that doesn't exempt her from the same laws as everyone else. She had something to apologize for, even without the strike. Her behavior was unbecoming a member of Congress.

Rp

[Horse with no Name]

11. Ummmm you know not what you speak...

Members of Congress do NOT have to go through the metal detectors.

[MessiahRp]

13. Yes but this guy didn't recognize her

Which could be a completely honest mistake with how many members of Congress and their staffers roll through daily. How hard would it have been for her to comply and quash the dispute in a more amicable fashion.

Her attitude afterwards has inflamed this more with the critics also. She should be more aware of how things like this could be construed, especially as a member of Congress.

Rp

[Horse with no Name]

14. And it could have been just as easy

for the Capitol Police to quash this.
I'm not making a judgement based on what some police flunkee says.
There is videotape. Let's see it.
The mere fact that it is taking them so long to release the footage seems to indicate that they are reluctant to show that the guy probably was a bit aggressive in grabbing her. I'd like to know how many white guys he has grabbed doing the same thing that Ms. McKinney did. Might be an interesting number.
If it is accepted practice for members of Congress to walk around the detectors, and many of Congress members don't wear their lapel pins--then this is an accepted standard. One which she shouldn't have to place herself above.
This isn't to say that things don't need to be changed--but when the incident happened, it was status quo.

[radwriter0555]

16. You're exactly correct. Why won't the police release the video? Because

THEY SCREWED UP.

THEY put their hands on a Member of Congress. It is their job to know who is coming in and out of their building. That's their job.

They had NO right to put their hands on anyone. Protocol demands they should have placed themselves between her and her destination before physically accosting her.

She had no way of knowing whose hands were on her; she reacted as anyone would.

[Hell Hath No Fury]

21. "There is videotape. Let's see it."

There it is, plain and simple. Until then, everything is speculation and bullshit speculation to boot.

[bliss_eternal]

18. Wow--were you there?

You should get in touch with CNN. I'm sure they would appreciate some eyewitness testimony!

[proud2BlibKansan]

19. All congress critters go around the metal detector

Have you not been following this story?

[bliss_eternal]

15. Does this help?

http://www.house.gov/apps/list/press/ga04_mckinney/incidentstmt.html

Earlier today I had an unfortunate confrontation with a Capitol Hill Police Officer.
---------------------snip----------------------------------------------------------------
I know that Capitol Hill Police are securing our safety, that of
thousands of others, and I appreciate the work that they do. I deeply regret that the incident occurred. I have demonstrated my support for them in the past and I continue to support them now.

[MADem]

7. Why can't we just let time take its course?

With DeLay stepping aside, there's way better stuff to talk about. The more we bring it up, the more we make it an issue. Hell, Wilbur Mills jumping in the fountain with a stripper didn't get as much play as this little altercation is getting, it seems.

I'm sure the Cap Police will sort it out, and it will fade to history. Pity Terry Gainer resigned; he had a very diplomatic touch with these kinds of issues.

[OPERATIONMINDCRIME]

6. In This Case Though, She Just Simply Overreacted Out Of Frustration.

She made a mistake and temporary error in judgement. We all have at one time or another. I think no less of her for making a mistake, as there is far more exemplory things to judge her on.

[me b zola]

8. Ya know...

There is only a handful of hateful people who insist on trashing one of the few of our elected representatives who ACTUALLY REPRESENT US.

You don't know what really happened, you are just blowing hateful smoke out of your ass.

[YouthInAsia]

12. But if she'd been a regular ole black person on the street

and some cop blew her away, HE wouldnt go to jail.

[PBass]

17. She should have peppered him in the face with a shotgun,

and then the GOP wouldn't have been too concerned.

Just kidding.

Democrats need to be squeeky clean, if we are going to be pointing the finger at the right wing for lapses in judgement.

I love Rep. McKinney and I hope all this stuff blows over soon.

[in_cog_ni_to]

20. McKinney should SUE!

This is nothing but a DLC attack on her. I think it SUCKS.

[philosophie_en_rose]

22. So, if a police officer beat the hell out of you, you have to sit there?

The police are not above the law either. If a police officer grabbed my arm and I jerk it away, does it matter that it hurt his arm? If a police officer beat you, are you responsible for the fact that his fists hurt? No.

There are elements missing from your analysis. Criminal convictions have state of mind requirements, as well as justifications or excuses.

It's interesting that you know what the law demands, especially when you don't know how to look up the law for the right jurisdiction.

:eyes:

[Jack_DeLeon]

23. I am agreeing with you...

That is what my post says.

You have the right to defend yourself.

I was merely quoting another member and bringing up the fact that those who believe that we must always comply with the police are wrong.