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Posted
1 hour ago, buddha said:

under fourth amendment case law, whether an officer used unreasonable force is judged by an "objective reaaonableness" standard.  in general, it is unreasonable for an officer to kill someone; however, where an officer has probable cause to believe the suspect poses a threat of serious physical harm, either to the officer or others, it is not constitutionally unreasonable to prevent escape by using deadly force.

that's the law.  does it apply here?  up to your interpretation.

she accelerates her car directly toward the officer.  that's likely enough evidence to give the officer qualified immunity for using deadly force to stop the car.

i - like i think almost everyone else on this board - think ICE officers started this, exacerbated it, handled this extremely poorly, and should not have shot her.  period.  the officer should not have been standing in front of the car and the other officer should not have approached her in such a belligerent manner.  to me, ICE caused this.  99% (the other 1% is that she shouldnt have disobeyed the officer, no matter if he was being an ass hole or not).

but legally, i think the officer is probably going to be immune from prosecution or liability.  my only question is concerning the subsequent shots.  the car is past him.  does he have reasonable cause to fire two shots into the car at that point?  his argument will be that he can use deadly force to stop a fleeing person who is a reasonable threat to others, and that since she drove her car directly at him, that gives him the authority to use such force because she continues to be a threat.  i dont know if that argument is a good one or not, but i suspect it likely will be.

the "shoot out the tires" argument is a non-entity.  you dont shoot out the tires, you ONLY use force if you think your life or the lives of others are threatened.  if not, you dont pull the gun at all.  you never "shoot out the tires."  shoot to kill or dont shoot at all.   its different than a pit manuever or putting spikes on the road (and those are constitutionally questionable at this point too).

Yep.

I haven't and won't watch the videos but if it's concluded that she accelerated at him.... then he's not gonna go to prison.

Posted

He did exactly what he, Noem, Trump, and JD the Turd wanted.  

I still want to know where all the 2nd amendment wimps are.  Are they still in the woods doing their circle jerk ritual and they've not heard the good news that the Tyranny is finally here and they can come out and play?

 

Posted
41 minutes ago, Tigeraholic1 said:

This video angle will be used by his defense.

 

 

 

 

Typical right winger, ignore the evidence you don't like and cherry pick those things that you think prove your case.  When you sync the videos, it is obvious the dude wasn't hit.  At most, he put his hand out to push off the vehicle as it went past but even that wasn't enough to cause him to shift his feet.  This is evidence that takes all the angles into account, not just the one you choose to put forth as proof.  

 

Posted
17 minutes ago, GalagaGuy said:

Typical right winger, ignore the evidence you don't like and cherry pick those things that you think prove your case.  When you sync the videos, it is obvious the dude wasn't hit.  At most, he put his hand out to push off the vehicle as it went past but even that wasn't enough to cause him to shift his feet.  This is evidence that takes all the angles into account, not just the one you choose to put forth as proof.  

 

Like the attorney in the room already said this could have been avoided if she would have followed commands to stop. 

Posted
47 minutes ago, pfife said:

And if he did hed be immediately pardoned.   

I'm about 99% sure that little or nothing will happen to him. If nothing changes I also expect him to go on tour to speak to his adoring fans. As somebody else suggested, the 2028 RNC convention is a distinct possibility. 

Posted
4 minutes ago, Tigeraholic1 said:

Like the attorney in the room already said this could have been avoided if she would have followed commands to stop. 

well....that's not ALL i said.  lol.

i think its true that if she had not likely panicked and followed direction, this would not have happened.  if she's not parked in the middle of the road, this doesnt happen.

i also think she panicked because the ICE officer was unnecessarily hostile and it scared her.  again, its standard police procedure nowadays to NOT stand in front of a vehicle for this very reason.  its also pretty standard now to attempt to de-escalate an emotional situation before other methods of coercion are tried.

Sometimes it is impossible for the police to get people to follow direction without some use of force.  i get that.  in fact, i'm on the side of the police 9 times out of 10. and even if i have seen the video, i wasnt there that day and dont know everything that went on.  with that said, it certainly appears that the ICE officers intentionally escalated a situation that need not have been escalated.  if he goes to her and says "ma'am, i understand your position on our work.  i get it.  but we are going to need to proceed down this road.  i need you to move so we can get through.  if you do not move, i may have to arrest you."  

this was not a 250 pound linebacker.  it was not a drugged out psychopath.  this was a woman in a car.  let's try talking before escalating.  that's what police officers are trained to do.

but these arent officers.  many simply appear to be thugs with guns.  that's how its been here in chicago, and that's how it seems to be in minneapolis.

to pfife's earlier point, even if charges are brought, trump will pardon him immediately.  because he's a federal officer acting on federal orders, federal law will govern and supersede any state law, so i dont think any state criminal action will be valid so trump's inevitable pardon will let him off.

  • Like 4
Posted

any real officer who had multiple accusations of improper use of force in such a short period of time would be taken off the street at least until an investigation could be conducted.*

but again, these arent real peace officers.  theyre thugs.

* (until the police union gets them reinstated no matter what happened unless it embarasses the union politically)

  • Like 2
Posted
29 minutes ago, Tigeraholic1 said:

Like the attorney in the room already said this could have been avoided if she would have followed commands to stop. 

Sure it could have, that doesn't mean the punishment for ignoring a command from law enforcement is guns blazing, right? 

Posted
41 minutes ago, Tigeraholic1 said:

Like the attorney in the room already said this could have been avoided if she would have followed commands to stop. 

This could have all been avoided if the officers knew how to deescalate a situation instead of scaring her to drive off by aggressively coming to her. Nothing she did deserved death. 

  • Like 2
Posted
7 minutes ago, pfife said:

It could have been avoided if Republicans didnt vote for trump 

It also could have been avoided if people who claim to be Democrats wouldn't go out of their way to find a reason to be pissed off and not voting or voting third party.  In 2016 it was Bernie not getting the nomination and in 2020 is was Palestine.  

Posted
49 minutes ago, buddha said:

any real officer who had multiple accusations of improper use of force in such a short period of time would be taken off the street at least until an investigation could be conducted.*

but again, these arent real peace officers.  theyre thugs.

* (until the police union gets them reinstated no matter what happened unless it embarasses the union politically)

Sounds like he has been there a minute.

 

 

 

Posted
22 minutes ago, Tigeraholic1 said:

Sounds like he has been there a minute.

 

 

 

A real police officer is trained to NEVER stand or walk in front of a running car. Ever...for any reason. An untrained Proud Boy thug? Well, he's probably not that bright in the 1st place.

Posted
1 hour ago, buddha said:

well....that's not ALL i said.  lol.

i think its true that if she had not likely panicked and followed direction, this would not have happened.  if she's not parked in the middle of the road, this doesnt happen.

i also think she panicked because the ICE officer was unnecessarily hostile and it scared her.  again, its standard police procedure nowadays to NOT stand in front of a vehicle for this very reason.  its also pretty standard now to attempt to de-escalate an emotional situation before other methods of coercion are tried.

Sometimes it is impossible for the police to get people to follow direction without some use of force.  i get that.  in fact, i'm on the side of the police 9 times out of 10. and even if i have seen the video, i wasnt there that day and dont know everything that went on.  with that said, it certainly appears that the ICE officers intentionally escalated a situation that need not have been escalated.  if he goes to her and says "ma'am, i understand your position on our work.  i get it.  but we are going to need to proceed down this road.  i need you to move so we can get through.  if you do not move, i may have to arrest you."  

this was not a 250 pound linebacker.  it was not a drugged out psychopath.  this was a woman in a car.  let's try talking before escalating.  that's what police officers are trained to do.

but these arent officers.  many simply appear to be thugs with guns.  that's how its been here in chicago, and that's how it seems to be in minneapolis.

to pfife's earlier point, even if charges are brought, trump will pardon him immediately.  because he's a federal officer acting on federal orders, federal law will govern and supersede any state law, so i dont think any state criminal action will be valid so trump's inevitable pardon will let him off.

Ohhhh...I didnt know the state couldn't charge him. That makes sense and you're correct, we all know Trump would pardon a thug murderer. I guess the only hope is to dox the son of a bitch and get him name and address out there on social media. Make him wish he was snug as a bug locked up in a cell...😅😅

Posted

I believe the state can charge him but that the defense can request it be moved to the Federal system.  Seems that the request is automatically granted from what I can tell.  

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