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originally posted by: roadgravel
She could be arrested for the traffic violation. Of course he didn't state that point.
originally posted by: roadgravel
isn't necessarily true since she could be arrested for the violation. Petty but legal. But not informing the person just made it worse. She seemed to believe that is why she was being arrested, per her own words. Police often place a person under arrest before telling them why. It seems the law allows it but it doesn't seem correct.
So the opposite would be for you to defend the actions of a female who was in the wrong in the manner she presented her position and felt the officer should leave her alone, even though she was the one in the wrong?
check...
Reasonable minds may disagree on the final analysis, but this is mine: The car stop concluded, and all reasonable suspicion evaporated the moment the officer returned to the car with either a ticket or a warning. He knew it, even if he failed to make Bland aware of it.
At that point, Bland was technically and constitutionally free to leave, though it's likely she -- and virtually every other driver -- would not be aware of that fact. (The trooper probably was aware of this from his training, but had no incentive to volunteer it).
While it was lawful to initiate further conversation with Bland for investigatory purposes, this officer's questions were designed to instigate -- not investigate. Asking someone what their problem is, or commanding them to put out their cigarette is just not the same as asking a driver if they had anything to drink tonight or if they have any weapons on them. Those are questions designed to investigate. This officer's questions and orders had another design: They goaded this driver into getting frustrated. That's not opinion; the trooper's words speak for themselves.
www.cnn.com...
In the case of Rodriguez v. United States it was determined that police were not allowed to extend the length of a routine traffic stop. That ruling effected lengths of even a few minutes, unless there was a clearly demonstrable safety concern or an additional crime that had been committed in the course of the stop.
But what is clear now, from the video, is that there was no other crime, nor a safety concern. The officer was acting in violation of the law, as defined by the Supreme Court.
originally posted by: roadgravel
If people want the leeway that officers have removed then that is something to take up with the legislators.
One thing that has crossed my mind is:
If everyone starts to believe and act on the idea that officers should be given grief at every stop then we probably will end up with a force of only bullies who love confrontation and work to escalate every situation to the point they can be violent.
Cause and effect.
originally posted by: roadgravel
a reply to: Iamthatbish
No illegal but certainly unnecessary and seemingly based on an officer's ego.
originally posted by: Iamthatbish
a reply to: roadgravel
My opinion on official rulings is very strong. The official ruling comes after too much lawyering up and "clarification ". The truth doesn't require time to memorize. The truth and the judges ruling are not always the same.
originally posted by: Iamthatbish
a reply to: roadgravel
Is it splitting hairs to keep this thought in mind?
-> Every single case sets pressident. Therefore what was legal in this instant may change after the judge makes a ruling.
originally posted by: hopenotfeariswhatweneed
What you are saying is pretty much right....but ..the officer escalated this so who else do we blame here ?
...how is ok for the officer to escalate but the rest of us have to sit here a cop it up the ass....
You say that just because the officers actions are illegal
if i am not mistaken there are quite a few people getting shot and killed by police for being idiots and doing something illegal......should the same penalty not apply to the police themselves ?