How Should Law Enforcement Handle Being Filmed? Officer Lyons Provides The Perfect Example
from the let's-hope-this-is-the-beginning-of-a-new-trend dept
As Techdirt readers are aware, the general attitude of law enforcement tends to worsen quickly once the cameras come out. From holding citizens at gunpoint until they destroy their cameras to pressing charges against bystanders filming from their own property, hardly a week goes by without another uploaded video demonstrating that, for the most part, the easiest way to get on a cop's bad side is to whip out a phone or a camera.Fortunately, there are exceptions. Reason Hit & Run directs our attention to Officer Matthew J. Lyons of the Oceanside, California police department. Lyons runs into a few issues that usually send other officers scrambling for their handguns and threats: an openly-carried weapon and a camera.
However, Lyons handles the situation in a professional, cordial manner, even as the person filming the encounter declines to show him any ID or provide a last name. Even better, he commends him for exercising his rights.
In just under three minutes, Lyons puts together a superb primer on how to handle interacting with the public, one that should be required viewing for law enforcement members everywhere.
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Filed Under: filming, open carry, police, response
Reader Comments
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Sound
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Re: Sound
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It was a test
I bet he's disappointed he got a reasonable one.
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Re: It was a test
I bet he's disappointed he got a reasonable one.
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Re: It was a test
I think you're assuming too much based on limited information.
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Re: Re: It was a test
If it's a good plan for Congress[both sides], why not us too? ;-)
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It's also fortunate that the courses for law and law enforcement are so similar. Why, I bet most officers quit to practice law! You are so right, AC.
I don't think the officer assigned to your school was ignorant of the Miranda act. I think he was blowing off a kid who was clearly trying to annoy him.
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So because personal experience is not universal I shouldn't use it to make descions?
And how is being taught how to taser a kid asking questions anything similar to law school?
How is asking that the people pointing guns at us at least not be the dregs of the uneducated in society a bad thing?
And why don't you take a long walk off a short pier for thinking you know me, k?
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"whether he knew about the Miranda vs US case was about"
Miranda v Arizona, not Miranda v US.
You should probably have a "what" in there, also ie: "whether he knew what the Miranda v Arizona case was about", and what did you mean by "that is a dangerous attitude and should be put down rabid dogs."?
The first word in sentences should be capitalized.
If you're going to complain about "the uneducated", it might behoove your point to not come across as one yourself in the process.
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I figured their communications director would be a good point person to relay the thanks:
James Davis - jdivis@ci.oceanside.ca.us
This kind of policing behavior should be applauded and encouraged.
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you know, just to keep the phones reserved for emergency purposes.
m3mnoch.
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Now, in the height of post pursuit, and concern for one's safety, I understand all cops can't be that calm and collected. But they can make an attempt to behave properly.
honestly, I think the bigger dick in the video was the guy carrying. it's a give and take with law enforcement, and when the cop is being as nice as officer Lyons was, he could have given his last name, just to make sure the cop didn't get paranoid. after all the cop was cool with not needing to see identification.
Good video, taken in an ideal situation.
Good on ya, Officer Lyons. can you come to Baltimore and teach the police here how to:
be polite and safe
respectful of peoples rights
laid back
informative of citizens rights
and how to actually be an effective officer
Gods know we need someone like you here.
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Remind me of how give and take works when they consider that waiving your 5th amendment rights.
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hmm...
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m3mnoch.
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Just because a person has a firearm does not mean they are a threat--it only means they have a firearm.
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(insert verbatim paste of Lobo's quote from above here)
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It means they have a greater potential for being a threat (or possibly a potential for being a greater threat) but I look at at anyone with a weapon with equal nervousness whether its a cop or a private citizen
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Just a question...
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That said if I am walking down the street and you are rude (say don't give me space and shoulder bump me) I am more likely to tell you you are an asshole if you don't have a gun on your hip. Does this mean the guy without a gun wont beat the ever living shit out of me and the guy with a gun wont apologize? Certainly not, its just that a man with a gun can cause a lot of damage with almost no effort and I respect that fact.
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So, in other words, the gun keeps you polite?
I prefer to be polite, regardless to whether I know a gun is present or not. Guess it is upbringing or whatever, but I find being polite is always the best policy, even when I have to be mean. Besides, what if you are unaware that the individual is armed, but they have a legal concealed carry permit and a gun located somewhere you cannot see on their body?
I find, people who are lawfully in possession of a firearm tend to be far more careful/concerned about being polite because they are aware that there is more of a risk of them losing that right if they fly off the handle or do something stupid.
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> are rude (say don't give me space and
> shoulder bump me) I am more likely to
> tell you you are an asshole if you
> don't have a gun on your hip.
An armed society is a polite society.
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Re: Re: Re: Re: Re: Re: Re: Re: hmm...
WE are the most 'well-armed' country on this planet, are you saying amerikans are the politest people on this planet ? ? ?
art guerrilla
aka ann archy
eof
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> on this planet
No, we're a country that has been disarmed by its government for the most part and only a small criminal minority which defies the law and preys on the majority is 'well-armed'.
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urine idjit, we ARE the most well armed per capita, and that is just counting PRIVATE arms...
NO ONE has been 'disarmed' but a teeny tiny amount of felons, etc...
wake up and smell the cordite, reichwing 'tard...
we peace-lovin' amerikans kill each other with guns FAR MORE than any other country...
YOU ARE NOT EVEN *CLOSE* to being correct, stfu...
again, are we the 'politest' country ? ? ?
not by a long shot...
art guerrilla
aka ann archy
artguerrilla at windstream.net
eof
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> tiny amount of felons
And the entire city of Chicago. And the entire city of Washington, DC. And the entire city of Los Angeles.
I could go on, but you're obviously not interested in facts. And given the level of discourse and your style of writing, you come off as an angry 14-year-old, so any hope of rational communication with you has already gone out the window.
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Funny ...
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"There is nothing more painful for me at this stage in my life than to walk down the street and hear footsteps and start thinking about robbery— and then look around and see somebody white and feel relieved."
--Jesse Jackson
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Re: hmm...
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Well Done!
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Sunglasses
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Low stress environments result in low stress responses.
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Yeah but once people start dancing, the nerves start getting frayed I guess...
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Sorry Marcus, but as a troll, you sort of fail.
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Face it, most of the situations where people get harassed for filming the police are in fact low stress situations. If the situation was high stress, the police would be dealing with the stressor, not the camera.
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Right, so a peaceful protest is "high stress" and thus it's totally understandable if the cops violate the protesters' civil rights. I mean hell, Kent State was wrong but we can forgive the National Guard since they were probably under a lot of pressure.
as a troll, you sort of fail.
Much appreciated. Thankfully, as someone who wants to contribute to the discussion, I seem to do an okay job.
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You know that, you just choose to ignore it because it doesn't fit your world view.
Don't you have copyright work to go make?
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point being if all cops responded to situations with the right amount of force we wouldnt have to spend so much time praising a cop for not acting like a jackass
(and AC I agree the arrests and the related law were stupid but I really dont feel the cops from the Jefferson were out of line)
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Oh right, I forgot about that part of the constitution, which protects "the right of the people peaceably to assemble - unless of course such assembly has been deemed a 'distraction', at which point the cops can shut it down and bodyslam anyone doesn't immediately comply"
Don't you have copyright work to go make?
Heh. It's so easy to tell when you know you don't have a leg to stand on, because you immediately go back to this tired old refrain in an attempt to derail the debate. Is your position so weak that it needs such petty and irrelevant reinforcement?
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The situations escalate because the cop does not like being filmed and thus potentially held accountable for their actions. Officer Lyons is the exception and obviously deals very well with the public.
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Yes, there are a lot of jerk cops out there. However, they're still doing a job where they could easily be gunned down during a routine traffic stop and most of them don't get enough money or respect to do what can be a very dangerous job. They should be kept in check and respect our rights, but the least we can do in return is care more about their safety than the right of some jerk to walk down the street, openly brandishing a weapon and camera, while trying to pick a fight.
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Why? If it's not the law that he has to do so, why should he?
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> why should he?
Just because you're not breaking the law doesn't mean you're not acting like an asshole.
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Please give the time stamp of the part of the video where the guy was commanded to identify himself.
Betcha can't.
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1:05 he asks for his name.
1:40 he asks for ID again.
1:50 he tells the guy he's required to identify himself.
2:00 he asks yet again.
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> > of the part of the video
> > where the guy was commanded
> > to identify himself.
> 1:00 he asks for ID.
> 1:05 he asks for his name.
Note the word "asks" in every tick of your timeline.
At no point did he command him to produce ID. In fact, he acknowledged the guy's right not to do so.
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You mean except for the line where I said: "1:50 he tells the guy he's required to identify himself."
Nice try, though.
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But like you I think the officer should have been more stern about making him identify himself with his full name when requested. If you don't identify yourself at least verbally, most states allow the police to hold you for anywhere from 1 hour to 48 hours (not sure on CA law) in an effort to "compel" the person to ID themselves. In VT you can face civil contempt proceedings if you don't identify yourself by the time the cop get you in front of a judge.
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The cop had already verified that Jeremy was in compliance with state law (carrying unloaded), and therefore had no legal reason to demand Jeremy's identification. He obviously knew that, because he didn't press the issue.
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Reasonable suspicion
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http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf
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Not a good idea for two reasons, though. 1) Citizens are nosy and tend to complain about a person with a gun whether it is legal or not...so expect a police officer to confront you if you are walking any distance, and 2) Your gun isn't loaded, but the criminal who is not legally allowed to have one might find yours better than the gun they already legally have and may take it from you. We've had armed police officers shot and their guns taken from them. Just because it is legal doesn't mean it is a good idea.
Having a unloaded and openly carried gun is fine at the firing range or in a large group of armed citizens, but not a good idea if you are alone or in a very small group.
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Permit?
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The safety of cops is important, but no less important than the rights of the citizens. The gentlemen was breaking no law. To suggest that he should have to show ID and identify himself for simply asserting his rights in a lawful fashion i.e. the open carry of his unloaded weapon, refusing to offer ID and filming the interaction with Law-enforcement seems pretty questionable. Do you feel that a cop should be able to just walk-up to you while engaged in a lawful activity and demand to see ID and be given your name is really ok?
Guns are scary. We have been by and large raised to regard them with fear and misgivings. Most people do not really have experience handling weapons and have been taught that guns are "bad" and too dangerous for "regular people" to have. Even told there is no need to be armed because we have police. The norm has become to question the mental health of the open carry person, and a cultural assumption they must be a "gun freak", "nuts" somehow "anti-social".
The reality, is cops enforce laws and investigate crime. Their job is not to "protect and serve" us, this is just good marketing. This job is also one that is very dangerous. I am all for making cops as safe as possible, but that being said, I want my community's officers to be so capable they do not to have my rights curtailed to do their job. If they are unable to meet that standard, perhaps they need to find a new line of work. Officer Lyon is at a glance, the kind of guy I would want on the beat in my community.
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What gun permit?
But no permit is required, so why would he have one? If a permit were required, the officer would have requested it, and taken the person into custody without it.
I agree the guy was being dickish by not giving his name, simply because he feels he doesn't have to. Technically, the officer could have arrested the subject for a violation of California Penal Code 636.(a), for recording him without his permission. California is an 'all party' state when it comes to recording conversations, even in public places.
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Re: What gun permit?
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I used to think this as well, until I started reading reports of people in some states getting arrested, prosecuted, and convicted for it, and did a little research. Turns out, it varies by state.
http://www.ncsl.org/default.aspx?tabid=13492
This site breaks it down by state.
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Re: Re: Re: What gun permit?
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Re: Re: Re: What gun permit?
Here is what I am getting at. The idea that one has no expectation of privacy in a public place was largely decided as a 4th amendment issue by the SCOTUS in the 1967 In Katz v. United States, 389 U.S. 347 (1967). At the time, video was relatively rare and the concept of sound and image being recorded together onto the same medium was not really a possibility.
What this has led to, is, various jurisdictions trying to use the sound captured along with the image/video, as an means to launch a prosecution under available "Wire Tap Laws". The idea being that because the 2nd party did not agree to the audio being recorded, the instance in question is a violation of federal and or state wire-tap statutes.
It is important to keep in mind, that anyone can try to have a person charged with something, the question is, can the accuser make enough of a connection with the accused person actions to get a jury to believe beyond a reasonable doubt, the accused is guilty.
I don't think I have read about any actual convictions that were not cases where a likely terrified person agreed to plead guilty to a lesser charge, or that sort of situation. As I understand it, so far, every one of these cases have been thrown out before coming to trial, or, the accused has been acquitted by a jury.
Because we tend to think of things in terms of common sense and are smart enough to realize the intent of these laws was to prevent the violation of the 4th amendment by our government and or criminals, it is easy to reach the conclusion that making an image or video in public without a persons permission is what is being prosecuted. What is actually happening, is a law is being "taken out of context" and used to suppress public scrutiny of a subset of public servants. In the cases where wire tap laws do not support this approach, we see the accused charged with disorderly conduct and endangering a police officer, for example.
One of the problems with out "zero tolerance / get tough" approach to law enforcement used in politics to help build a candidates name and credentials, is we end up with so many laws and too many situations where some clever nit-wit looking to make a name for themselves decides they can twist this or that statute to prosecute something, or force an action which has nothing to do with the intent of said law.
For example, the DMCA was designed to help stop the unauthorized sharing of "copyrighted" material online. It is now used by companies like HP to completely shut-down third party competitors who made ink cartridges for HP's printers. The mark-up on the ink cartridges is enormous, and is actually a much more lucrative product than the actual printer the cartridge is made for. Sadly, the third party company manufacturers were making a good product and taking business away. So instead of competing honestly in the market, HP did away with the competition using a vague, poorly written law created not to allow a large company to suppress competition but to protect copyright holders and encourage more creative growth. In the end, it all comes down to how the courts interpret something.
While the creative use wiretap laws to "protect an officer from being put in danger by being filmed and or recorded by the public" might sound great when spun correctly, it is simply a text-book example of the suppression of public oversight and scrutiny of law enforcement professionals behavior.
For the record, I have many friends who are cops, they are all amazing people who I respect and love. I would hate to see any of them hurt in the line of duty. I also know they are so good at their jobs they not need the civil rights of the people curtailed to ensure they are "safe" and able to do their job.
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That Anthony Graber broke the law in early March is indisputable. He raced his Honda motorcycle down Interstate 95 in Maryland at 80 mph, popping a wheelie, roaring past cars and swerving across traffic lanes.
But it wasn't his daredevil stunt that has the 25-year-old staff sergeant for the Maryland Air National Guard facing the possibility of 16 years in prison. For that, he was issued a speeding ticket.
It was the video that Graber posted on YouTube one week later -- taken with his helmet camera -- of a plainclothes state trooper cutting him off and drawing a gun during the traffic stop near Baltimore.
In early April, state police officers raided Graber's parents' home in Abingdon, Md. They confiscated his camera, computers and external hard drives. Graber was indicted for allegedly violating state wiretap laws by recording the trooper without his consent.
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I don't blame you for not knowing California law. In CA, you don't need a "permission slip" to carry an unloaded firearm, as long as it is not concealed. Because CA is a "shall issue" state, that is the ONLY way the average person can carry a firearm.
Also, like most states, CA is not a stop and ID state. Please don't encourage police to expect that every person will jump through their hoops, as most are extra-legal (at best) and criminal (at worst).
Cops are not your friend, their job is to put you in jail.
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Might be the testosterone in his monkier that pushed your button?
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:-)
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Lawful Request
On the other hand, I have seen drunk, drugged out people act unnecessarily aggressive. As they say "A few bad apples…"
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http://www.amazon.com/exec/obidos/ASIN/073853112X/reasonmagazineA
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That's one of the more cynical things I've read. Let me direct you to some info about Lyons' book, which was released over four years before this video:
"Matthew J. Lyons has donated the royalties from his book to the National Law Enforcement Officer Memorial Fund."
http://www.police-writers.com/matthew_lyons.html
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aight
I guess be afraid waiting for guns to disappear you will be waiting as long as the earth is ending clan. SO my jaded nature says 1 cop is not going to change my mind..its not his business to wonder why another human being is carrying a gun if he looks at himself in the morning in his gear. period.
His real job is to leave people alone unless a crime is happening, fuck your future crime paranoia. Natural law is about crime, what we have now is your guilty until proven innocent.
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Re: aight
Err, yes. There's lots of contention. Where have you been? =P
Here, not so much. But in general, yes.
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proud
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Disappointed, bit proud
On the other hand I am very proud of this police officer for not only keeping his cool but also standing up and identifying himself. He set an example that all other police officers should follow.
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So glad I'm in Canada...
So your right to peacefully gather (but not let me into my building) is greater than my right to go home or to work?
How about my right to cross the street?
And to the Lobo who talks about defending themselves - what happens when you can't? Does your right to live go away too because you should have been more capable?
I really wish there was a place for those nut-jobs who think everyone should be an expert in everything or suffer the consequences had a place to live that wasn't near me.
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Re: So glad I'm in Canada...
I do understand what you are saying, being concerned with how the people around us are doing is an important part of being a community, indeed, a civilization, but, it is also important to understand the very act of demanding the rights accorded under the law protect not only ourselves, but our fellow citizens.
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Honorable
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> difference is the ex-Marine is a polite black guy with a
> license to carry. Let's see how that turns out.
So despite having not one shred of actual evidence to back it up, you're accusing this cop of being a stone cold racist.
I don't use the term 'piece of shit' all that often, but I think it might just be appropriate in describing you.
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boys and their toys
I don't know that there is anything to applaud based on one filmed incident. He knew he was on camera. He knew the other guy had a gun. He was cautious and kept himself safe. I think Officer Lyon was looking out for his own best interests and incorporating the unwritten buddy system white males are so good at.
I don't see a hero, I see a smart guy. Who knows how he would behave if there weren't a camera and the other guy wasn't white or even male? We'll likely never know.
But yay for white guys with guns! And yay for posts that celebrate white guys with guns. Whoo!
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Re: boys and their toys
I see an officer that paid attention during his training at the academy. I see an officer that knows the law, and knows that by being respectful of others, he will likely see the same respect returned to himself. I also see an officer that upon seeing the totality of the scene, made the determination that the level of force required in the situation was far below the threshold to deploy his own weapon and use deadly force (which is something that is trained in the academy.) A gun in a holster is a threat, but a manageable one...I am more afraid of the gun I cannot see than the one I can.
The race comment is entirely inappropriate here, especially since you have no idea about the track-record of the cop in question, and your comment is far more "racist" than what you are accusing the officer of. All you have is a single incident, between two white police officers and a white civilian. "What if" games work so well for the ignorant and uninformed, but they have no place in civilized discussion. After all, what if the police officer was black and the civilian was white...would you expect a different outcome given the only change to the equation was the color of the officer's skin? The system may (in your eyes, and to somewhat of an extent, mine too,) be inherently "racist", but that doesn't mean every actor in the system is racist.
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Re: boys and their toys
> are so good at
So only white males are good at the "unwritten buddy system", are they?
Guess you haven't ever been to South Central L.A. or Compton, then.
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Re: boys and their toys
Yeah, someone here's a racist, but it wasn't anyone in that video.
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And 67 miles north . . .
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Re: And 67 miles north . . .
Makes sense.
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Re: Re: And 67 miles north . . .
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Re: Re: Re: And 67 miles north . . .
Yes. It kept saying things like, "While it's true that he has plead guilty to assault with a deadly weapon in the past, friends describe him as 'gentle'".
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Of course the situation was not tense which would have been even better.
The one thing I noticed was him trying to handle the gun with it pointing to the road, if for any reason that gun goes off it could have hit someone passing by, I know people learn not to point a loaded gun at themselves or anyone else but maybe people should also practice surrounding awareness when handling guns and I know it is difficult(out of sight, out of mind).
People who live there should call that department to congratulate that officer for a job well done, don't just call when things are bad, call when they do a good job too.
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other examples not quite as nice
http://orlandocopwatch.com/caught-on-tape-good-samaritan-viciously-beaten-by-police-afte r-taking-their-picture/
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If your unaware you can opt-in to allow your phone to auto upload all photos and video to Picasa, which is where your Google+ pics and videos are actually stored. Pics upload pretty damn quick, but video on 3g does take some time. As the network bandwidth increases over time, this will become less of an issue.
No longer will the destruction or confiscation of your camera phone matter, as the video will be easily retrieved and distributed via Google+.
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In Georgia, the simply taking of the firearm, without probable cause(PC), or reasonable, articulable suspicion(RAS), is illegal(State v Jones). The mere possession of a firearm has been held, by many state and federal courts, to not provide RAS or PC to detain a person. This is grounded on the Second Amendment and the Fourth Amendment. Though, hey, just keep allowing law enforcement in California to violate people's rights.
From 0:45 to 0:48 is where it all goes downhill. The officer doesn't know who the citizen is? Well, it isn't his place to know. Unless the officer can articulate that the citizen was doing something that lead to the suspicion that illegal activity was about to occur, was currently in progress, or had just occurred(Terry v Ohio), then the stop was baseless.
Law enforcement is not your personal security(Warren v District of Columbia). The sooner people start to understand this, the sooner that more people will decide to arm themselves. Law enforcement, just like fire fighters and Emergency Medical Technicians, are not required to render services, when needed. Such services are on a "best efforts" levels, though they are not legally required to assist when called upon.
Was the officer a "jerk"? No. I have seen far worse(http://www.youtube.com/watch?v=kassP7zI0qc), but that does not absolve the officer from violating a person's rights.
I could go on quoting case law and the like, but I am sure it go past most of you and, in turn, you will just start telling me how there would be "blood in the streets" and "kids dead everywhere" if law enforcement did not harass law abiding citizen carrying firearms.
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open carry
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