Wrong man tasered at Walden Galleria

Wrong man tasered at Walden Galleria

www.wivb.com

BUFFALO, N.Y. (WIVB) - In Cheektowaga, an apparent case of mistaken identity led to the wrong man being tasered at the Walden Galleria. According to the Buffalo News, Anthony Rose and Ajah Brown fit the description of a pair of shoplifters last Friday.

Police say both men resisted arrest and officers were forced to use their taser on Rose.

But a store manager then said they were not the culprits. Both men were still charged with resisting arrest. Rose was also charged with pot possesion.

(visit the link for the full news article)

Okay, this is another one of those cases that someone needs to fill me in on a couple of questions I have.

Is 'resisting arrest', when you've actually done nothing wrong, and are guilty of NO crime, actually against the law?

These folks had done nothing wrong, and were falsely misidentified. So from the sound of things, they did not want to be subject to being cuffed, based on this (and I would assume the one guy having some pot on him probably made him nervous as well), and one of them was TASERED for non-compliance, and THEN arrested because he didn't cooperate.

I'm just wondering what the actual constitutional law on something like this is, if a person HAS to submit to an 'authority' figure to be cuffed and detained, even when they have commited no crime, and are being mistaken for someone else?

Chime in here folks...

www.wivb.com
(visit the link for the full news article)

I find this disgusting. So, not only was he wrongfully accused, but still arrested after the fact. Wow. Things really are rolling downhill faster than a free sleigh ride in hell. What next, guard towers at wal-mart......

More and more, I'm beginning to let my voice be heard. Not just on forums, but in my day to day routines. I make sure to let the "authority" figures know how I feel. How much longer are we going to stand for this stank?

Ordinarily, I'm not a big fan of the whole "sue culture". However, in this case, I hope these two individuals sue those morons. Police brutality really seems to be getting out of hand, in the US at least. Again, just another case of assumed guilty and needing to prove your innocence- only in this case, they didn't get a chance until after some disgusting treatment.

I used to be in favour of giving the cops powers such as these, but when the system is so corrupt and so many police officers seem to be on some sort of ego-trip, unable to display any form of impartiality, I'm totally against it. Luckily the police can't do things like that here in the UK, I wonder how long that will remain the case..

Since the people who write the laws do not follow them, than Man's Law is a Joke.

Only the Law of Chaos applies now.

Originally posted by divinetragedy79
How much longer are we going to stand for this stank?

You already know the answer to this question, why ask it?
Dont know what i mean... Have a look here..



I told you that you knew the answer..

It is that simple. I keep telling people this.. They do not want to listen.. They go what can I do.. I do alot I protest, I do make my voice known well and loud where i live. I have almost been arrested..

But you know.. If more people stand, this will not happen. Its like that movie ants by Pixar I think.. They try to take the ant population over and kill the workers.. In the end the workers work together and take over the big people who think they are in charge.. This is what needs to happen in society, If we let them keep pushing they will push it till we cant go anywhere.. If we stop them now or soon, we will have a chance..

But as long as Beer and Football are cheap and free, we don't have a chance.. something drastic has to happen before people realize their crappy little lives mean nothing if they keep sitting around for someone else to do the hard work for them.

Resisting arrest is an unnatural law, IMO. It really throws the balance of law off.

I mean - ok, for a second, that law is GONE, off the books. It isn't going to stop anyone really dangerous anyway, is it? If you have a armed burglery charge on you, what's adding a little resisting arrest to the mix?

I think that law is to mainly give them something else to GET you on, in case the real charges fail.

Ok, say someone MURDERS someone - it isn't against the law to resist arrest anymore - as a law enforcement officer, COMMITTED to the job - you will take a chance on getting hit/shot/ect to arrest that guy. (You already do.)

Ok, say another guy is smoking dope. Not hurting anyone at all, just smoking dope. Are you going to go after him as quickly if it is legal for him to beat the crap out of you during the arrest?

If he does, you can still get him with assaulting an officer. (Without the resisting thing being available!)


They make laws that humans should not have to comply with. Like, if a dog is bitting you and his teeth are IN your skin, as a human being, you're going to be driven to get that dog off of you- kick it, shoot it- whatever. But noooo, that dog is a police dog and you were resisting arrest and you just KILLED an officer of the law, or assulted one, or whatever.

And here's a cop tazing the perony out of you, and you're trying to get away. Resisting arrest. Doesn't matter how many volts or how much pain they just shot through you, you are supposed to ignore your human survival instinct and lay down and say Have At Me!

Maybe one day they will pass a law "Resisting murder by a police officer." When a cop wants to kill you, you have to get down on all fours and just let him or her shoot you in the back of the head.

reply to post by DimensionalDetective

Is 'resisting arrest', when you've actually done nothing wrong, and are guilty of NO crime, actually against the law?

Well strangely enough yes!. The law would state you must co-operate with Police & then state you case for innocence, which in this case they would have been released because they were innocent! (I know all the tin foil brigade would be saying ....... but but but) If they were caught with Pot during the whole episode well the Police are obliged to press charges! So although the whole episode is unfortunate as far as the law is concerned it played out fair ...... Morally fair thats a different thing that law don't care about!

The whole "resisting arrest" thing is a simple catch-all charge that can be used to up the charges against the guilty, AND to earn revenue from those wrongly arrested who may, quite rightly, refuse to be manhandled and cuffed by the cops if they have not done anything wrong.
Here in the UK, the catch-all law is the "public Order" offence. I have seem this used so may times in recent years when the cops evidently do not know the law or are accused of abusing a particular law. For instance, the many cases where photographers have asserted their rights to take photos in a public place, then been approached by police telling them to stop and demanding details under anti-terrorism laws. Once the accused points out the abuse of the law the catch-all Public Order offence is used to arrest them.
So, in essence, simple non-compliance by the innocent is no longer acceptable. The police must be obeyed or they are going to stick you with a charge anyway to get their pound of flesh!

Of course it's wrong but these days the onus is on the public to prove innocence, rather than the traditional role of the police to prove guilt. Simple dialogue and common sense on the part of the police is a thing of the past and they now get their jollies acting tough and asserting their authority.

you dont have a choice when it comes to arrest.

that is why you are innocent until proven guilty in a court of law.

people make the mistake of tying guilt to arrest, when you can be arrested for absolutely anything or nothing, and dont have the option of "not" being arrested.

I do believe NY has cannabis decriminalized to a degree, meaning amounts under a certain weight will not send you to jail unless it is your third time being caught, they will only get you a 100 or 200 dollar ticket you have to pay.

If you've done nothing wrong you can still get in trouble for resisting arrest, and although I disagree with that, it's the law. If they'd have just cooperated they'd probably have been fine.

He wouldn't have been tasered if he had cooperated and let the police do their job in detaining him. Even if he was the wrong person to be detained. Prove that you are the wrong person by cooperating. If you act a certain way and resist then that is a clear indicator that you're guilty. Next thing is that the police involved shouldn't get into trouble with their supervisors because they did the right thing despite having handcuffed the wrong people. That doesn't mean they cant come back and be taken to civil-court.

reply to post by DimensionalDetective

Same department two years ago fired shots at the tires of a fleeing shoplifter with hundreds of holiday shoppers in the immediate area. I believe DMX was their guest a while back as well.
I can not stress this enough, if you fly into Buffalo Niagara, get a cab and get the hell out of Cheektowaga pronto.
Not only will they prosecute these guys for resisting a false arrest, but they will add charges if they complain about it.
These guys have lightning bolts on their department patch and it has nothing to do with justice.

I have permanently left the US over instances such as this. There is just so much emphasis on toeing the line and even then, submitting to any kind of harrassment law enforcement cares to impose on an individual. There just is no personal freedom left whether you are out in public or in your own home even.

I live in Mexico now. Here there are the usual laws but law enforcement is not lying in wait for someone to commit a half-inch foot foul, our laws come into play when there are problems or numerous complaints. Even then every attempt is made for parties to obtain satisfaction before it is necessary to take someone into custody.

The people here do not trust government or authority and policemen are not automatically given respect they do not deserve. If there are overbearing policemen on the force they do not remain so for long. It is to everyone's advantage to rectify problems at the source and solve difficulties before they become actionable.

Do we have a perfect system? No. Who does? We do have a lot of personal freedom here. People let minor annoyances pass by and do not try to make them a "crime." I have not set foot in the US for years and do not care to return. I like that I can drive and give full attention to the road ahead rather than how I must drive in the US with my attention divided having to watch my rearview mirror.

Originally posted by Trublbrwing Not only will they prosecute these guys for resisting a false arrest, but they will add charges if they complain about it.

In the first place it sounds to me like they were pelados anyways. I think they deserved what they got, mistaken identity or not. So good for them.

Originally posted by Trublbrwing
These guys have lightning bolts on their department patch and it has nothing to do with justice.

And?

reply to post by DimensionalDetective

Okay, this is another one of those cases that someone needs to fill me in on a couple of questions I have.

Is 'resisting arrest', when you've actually done nothing wrong, and are guilty of NO crime, actually against the law?

Yes it is the law. It is also a CYA for the cops and the town/city/county/state. You have the right to sue for false arrest but if they can charge you with resisting arrest that claim goes out the window.

This is probably why cops are a bit rough and try to get a rise out of you. The last thing they want is a false arrest charge.

$10.00 says a certain local law firm will eat this up and turn them into millionaires. Hint C/B.

Originally posted by divinetragedy79
I find this disgusting. So, not only was he wrongfully accused, but still arrested after the fact. Wow. Things really are rolling downhill faster than a free sleigh ride in hell. What next, guard towers at wal-mart......

Maybe but THIS is next first... already 'on the road' coming soon to an event near you but seems no one really cares

F.A.S.T. by DHS - Fascist Attribute Screening Technology
www.abovetopsecret.com...



Do yawl line up not and answer those question... don' act nervous because you will be labeled a fascist bomber and when the cop pulls ya over for doing nothing, just say yes sir... I be a good boy... but DO ask for his badge number. They are still required to give you that.

PAPERS PLEASE... even the NAZI let you go on your way if your papers were in order

Maybe we should start sneaking up on LEO's and taze them in the back of the neck. Then call the police and tell them that you were making a citizens arrest because he fit the description of a jaywalker and they resisted. "He wasn't the jaywalker? Oops, sorry, my bad. Still, he resisted arrest. Take him away."

Originally posted by Marked One

Originally posted by Trublbrwing Not only will they prosecute these guys for resisting a false arrest, but they will add charges if they complain about it.

In the first place it sounds to me like they were pelados anyways. I think they deserved what they got, mistaken identity or not. So good for them.
I have no idea what a "pelados" is, but if it means innocent you are correct.
What gives you the right to pass judgement on these men? They did nothing wrong and were assaulted by the police, period. To taser these guys was ridiculous, to charge them with resisting arrest is obscene. If you can't understand that simple truth you should probably return to kindergarden and start over.

Originally posted by Trublbrwing
These guys have lightning bolts on their department patch and it has nothing to do with justice.

And?

edit on 12/25/10 by Marked One because: (no reason given)

And, the lightning bolt is a symbol of power not justice. Try typing Nazi SS uniform in your search engine if you're still confused.
You should see if they are hiring, you're just the kind of facsist they are looking for.