|
but it was apparent to me that there were several things "wrong" here.
It appeared individual was handcuffed, therefore considered subdued. He lifted the individual back of jacket, if there were head/neck injuries he could have exasperated them. The individual not placed in a police cruiser, (was this a cop or a uniformed guard?)
NO cop in his right mind would do this w/o backup.
There are other questions as well. Why were others "standing around? What was the bottle that was picked up? Telling a cop to "fuck off" or anything else is not wise, but nor is it illegal, certainly not worth a beating.
We don't know what "probably cause" was involved. There were no cruiser lights going that could be seen, standard in any pull over. An officer can ask a driver or passengers to exit a vehicle, but they do not have to. Any driver can demand a warrant be issued for probable cause, which will take a little time, and once a warrant is produced, the requirement is follow what is dictated in the warrant.
I was pulled over once, showed license, registration and proof of insurance, then asked to exit the vehicle. I asked if there was a warrant for my arrest and why was I pulled over. No warrants, and of all things, my license plate light was out. I told the officer I would like a warrant to be issued, to which NINE cops showed up! All but one, a Sgt, was pissed off and demanded I exit the vehicle. I said no, not w/o a warrant. A warrant was produced, I was cuffed, tossed into he back of a cruiser and taken to booking.
The next day, (after a night of continual harassment), the DA dropped the charges, saying the whole thing was a waste of taxpayer money, and I went and replaced the bulb, (I keep spares of all bulbs in the trunk), and my vehicle was released from impound at a cost to the city. I received several calls from atty's about the incident, but did not counter the charges. One thing the DA told me, was that I was in my Constitutional rights, and the cops should have thought better of the situation and just gotten the warrant w/o any harassment...or, in all honesty, given me a citation...that was their job.
Two years later, and officer named Jenkins, shot a kid, (he survived), because the kid ran away from him after Jenkins pulled a gun while questioning the kid, (14 at the time) on the street about someone else. He was convicted of attempted manslaughter, was thrown off the force and spent 2 years in prison. Jenkins was the cop who pulled me over initially.
|