I can’t muster anything that isn’t a sadistic fantasy of what should be done to these murdering thugs. Police always get away with it. Always. And there’s not a fucking thing we can do about it, ever. The anger is beyond words.
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I’m not a fan of hazing, but these sorts of things make me think all police academy recruits should be rousted in the middle of their sleep and told to relax while getting beaten and/or stomped on, so they can see how ridiculous it is to order someone in those conditions to relax or face more pain.
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Beasts.
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What?! That’s some high-grade bullshit right there. (Not saying you’re lying – assuming this is true, that’s totally fucked up.)
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…immediately before killing him.
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Yes, after you were handcuffed, it would be hard to believe you were free to go.
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At the very least, that officer should have to admit his mistake. Hold a press conference and say, “On the video I said we were not killing that man. I was wrong, he was right. I was killing him, he is dead now.”
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Yes - it’s amazing that most people don’t know how much power police have over an ordinary citizen. I’ve never been arrested but made it a point to learn what my rights are and keep aware of what I should do if I were.
They can handcuff you during an encounter, without arrest - however in most cases it’s because they expect to arrest you so it’s never a good thing. During an encounter you are being ‘detained’ but no under arrest. They are under no obligation to limit questions to why they first stopped you - however you are under no obligation to help them either - if you do speak to them it’s not Miranda and they can use it later in any way they want.
You do have an obligation to give them your name (and lying can be an offence) outside of that you do not have to speak to them, although if they ask you for permission to search anything answering no is generally in your interest and doesn’t seem to hurt your case later if arrested - in fact from what I understand it usually will help as once denied a search they have to have cause to do so, and outside of planting evidence (very possible) it can get anything found thrown out later.
Never answer any other questions without a lawyer present, ask for a lawyer as soon as they inform you that you are under arrest. Do ask if you are free to leave, once they say no you are under arrest and can ask for a lawyer - until that time you are there of your own free will (even if in cuffs and in a squad car).
There is really nothing you can do if they decide to murder you though.
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The point is that whether you call it an arrest, detainment, or a fuzzy navel the requirement for probable cause or a warrant before you can place handcuffs on a citizen is not magically erased. Arguing that the courts will usually allow police to put you in handcuffs in direct violation of the 4th ammendment does not mean that it’s not an arrest. It may not be considered a formal arrest by the police state but the prohibition against the act without warrant or probable cause remains.
BTW, I’m not so sure it’s helpful to tell people that the police can place you in handcuffs without probable cause or warrant. In my view that only serves to reinforce the police state authoritarian narrative which brought us to this point in the first place. Instead, perhaps we should be demanding that police respect our protections and demand recompense when those protections are abridged.
In my humble opinion - that’s one of the things Boing Boing has been doing for the past several years. I agree and support that option. However the time to do that is not when being handcuffed, as we have seen time and time again - the best response when actually being detained (and not be harmed, maimed and or killed) is to try and comply and fight later, so no I’ll continue to advise anyone that will listen to work with the system if it happens, because I don’t want to see anyone else hurt.
That doesn’t mean I condone it or won’t work on trying to fix it - I just think the time to actually pick those battles is not at the point when handcuffs are being placed on you. That is however a personal choice, and I don’t consider people who want to protest stupid, actually they are quite brave. I am not (and to be fair my ‘risk taking’ attitude went out the window when I had kids - my decisions these days are based on how I’m best able to be around and take care of them until they are adults).
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Look, it’s pretty clear that adding bodycams has completely fixed all the problems with policing. Great job everyone, lets pack it up and call it a day. /s
Any appeal or demand the person being arrested expresses is usually dismissed by the police, I guess because they are in a state of mind of complete superiority and don´t even view their victim as human. One of the things that make police scary to me.
I remember a very similar case happened here in Austria in 2003, when police killed a student from Mauretania by leaning on him while he lay handcuffed on the ground.
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and he’d be admitting himself and the department liable for the act, opening both up to lawsuits and possible prosecution. Even if he wanted to say that (and I wouldn’t…hold my breath), he wouldn’t be allowed to.
You’re cute. Let us know how that works out for you when you’re handcuffed.
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No one is suggestion you do anything when handcuffed. I was pointing out the ridiculous claim by the police that he was told he was not under arrest when they placed handcuffs on him and them sat on him until he died. That’s when some people tried to say putting handcuffs on someone doesn’t constitute an arrest which is obviously silly and wrong.
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Apparently, people are claiming legally it doesn’t.
Is it safe to speculate that Mr Jaromillo’s skin probably isn’t lily white?
Also, why on earth would the family settle their suit?!?
Kind of progress…maybe http://www.cbc.ca/news/canada/toronto/james-forcillo-verdict-1.3414974
But then, since he’s a sacred cop… http://www.cbc.ca/beta/news/canada/toronto/james-forcillo-sammy-yatim-streetcar-1.3420974
Well, I don’t think it’s fair to compare Canada and the US. While Canada is a horrowshow on the issue, the US is completely beyond imagining.
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I think it’s a North American issue, absolutely worse there, but still real here.
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