Tyreek Hill detainment

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That's true, and the Wren decision that allows pretextual stops is what I consider to be one of the worst Supreme Court decisions ever.




That's also true, and why I said in an earlier post that the most pragmatic approach to LEO interaction is to comply with everything they say-- legal or illegal-- and challenge the illegal parts later in court.

But you were responding to alarmguy when he said "you don't have to comply" (to an illegal order) by citing Mimms.

I just wanted to clarify that Mimms does not support your argument against alarmguy, because the premise of his statement (rightly or wrongly) was that the order was illegal.
In effect you must comply because Mimms gives the Police cover to pull you out of the car, and you will be pulled out of the car. You can argue after the fact whether it was or was not lawful but it doesn't change the fact you were pulled out of the car.
 
Many times sadly this is the case, but it's common sense that the one with the badge is likely going to win.
Yep, there gang is bigger than your gang.

But do you honestly think its helpful for the public to believe the police are thugs?

The driver rolled down his window and provided his needed documents. The other person decided to continue to demand an answer about seat belt use which he had no obiligation to give. He should have added failure to wear a seatbelt to the ticket, said thank you sir, and sent him on his way - would not be on the news.

But he had to escalate the encounter in order to impress his homies.
 
In effect you must comply because Mimms gives the Police cover to pull you out of the car, and you will be pulled out of the car. You can argue after the fact whether it was or was not lawful but it doesn't change the fact you were pulled out of the car.

Not sure what point you are making. Nothing you say here contradicts what I said as far as how the law works or the practical consequences of challenging LEO behavior one might feel is illegal.

You seemed to be trying to tell alarmguy that Mimms says he was wrong when he said one doesn't have to comply with an illegal order.

I was just clarifying that Mimms has a clear contingency of legality for it to apply, so alarmguy isn't wrong (at least on the basis of Mimms).
 
Cops are wrong, clear as day I would think.
He gave his license as required, told the cops to write up his ticket. Cop did not like that he rolled up his window or his attitude. Well, to bad as that is the cost of being a public servant.
Cop was wrong. You do not have to comply. Sickening honesty and I support the police but they are wrong this time. He does not have to comply other than to provide his license which he did, he doesnt even have to answer or talk to the police if he chooses not too. My guess is Police will be reprimanded or retrained or if he pursues this will sue and most likely win but will be settled before it gets that far.

Go ahead and flame me!

No flame...Florida law supports the police in this instance.
 
Internal affairs investigations and/or admin leave is not indicative of any wrongdoing by the officer. It happens regularly with high profile and celebrity interactions or traumatic situations requiring investigation.

I just wanted to clarify that, because to my knowledge the officer is currently clear.
You are always clear until proven otherwise. With that said, the video does raise questions as to the actions of the officers. I find it disturbing and I am sure others do too. I disagree with regularly regarding high profile. This stuff happens everyday, yes, because he is well known the video is viral, sad because the poor everyday guy does not get the attention to the same misuse of police action.
 
Not sure what point you are making. Nothing you say here contradicts what I said as far as how the law works or the practical consequences of challenging LEO behavior one might feel is illegal.

You seemed to be trying to tell alarmguy that Mimms says he was wrong when he said one doesn't have to comply with an illegal order.

I was just clarifying that Mimms has a clear contingency of legality for it to apply, so alarmguy isn't wrong (at least on the basis of Mimms).
Mimms says that an officer can lawfully demand that you exit the vehicle. The request itself is legal. The stop was legal. My point is you will get pulled out of the vehicle regardless what you think. So Alarmguy is wrong. You don't have a right to not comply. You can get the LEO in trouble after the fact but that's only after you've either complied or been pulled out of the vehicle against your will.
 
No flame...Florida law supports the police in this instance.
The driver handed over the requested documents and the window was down at that point. They decided to continue to argue about the seatbelt and otherwise escalate things. This could be considered "extending the stop" which is unconstitutional.

Once told to get out he was supposed to get out but it appears to me he was trying to get out - he opened the door and one foot was in the street, but again they decided to grab and throw to ground. How much time is required to get out. Again with no reasonable suspicion other than speeding.

I see this very differently than you do clearly.
 
Mimms says that an officer can lawfully demand that you exit the vehicle. The request itself is legal. The stop was legal.

Your interpretation of Mimms is fatally flawed.

In your defense, that flaw is common, both in the citizenry and LEO community.

However, America as a society is slowly but surely correcting that knowledge gap with education and discussion.

And we'll be all the stronger for it some day!
 
You are always clear until proven otherwise. With that said, the video does raise questions as to the actions of the officers. I find it disturbing and I am sure others do too. I disagree with regularly regarding high profile. This stuff happens everyday, yes, because he is well known the video is viral, sad because the poor everyday guy does not get the attention to the same misuse of police action.

Cuff and stuff someone with tremendous influence and wealth who then accuses you of wrongdoing, whether justified or not, and you'll find yourself doing desk work for a while until the investigation is completed. This is my opinion.
 
Cuff and stuff someone with tremendous influence and wealth who then accuses you of wrongdoing, whether justified or not, and you'll find yourself doing desk work for a while until the investigation is completed. This is my opinion.
Agree and the video certainly does show an uncalled for use of force so he has that on his side too. The guy was wrestled to the ground and handcuffed! MY GOD! Hopefully people do not condone this in the USA? Over a speeding ticket? *LOL* Holy smokes how can one defend the police actions. I already know there will be corrective action. Hope we can revisit this in a month.
 
Not going to excuse the officer for losing his patience so quickly. Also, TH didn't help himself from the beginning of this ordeal. Could have been a total snoozefest if TH had simply lowered his window, left it down, and not sounded like a smarty pants.
 
Agree and the video certainly does show an uncalled for use of force so he has that on his side too. The guy was wrestled to the ground and handcuffed. Hopefully people do not condone this in the USA? Over a speeding ticket? *LOL* Holy smokes how can one defend the police actions.
It's not how we would have liked to see things happen. You are simplifying what happened by leaving out that the officers must assume there is a weapon in the car. That's how cops are trained and how they try to avoid getting shot.
 
Yep, there gang is bigger than your gang.

But do you honestly think its helpful for the public to believe the police are thugs?
Of course not. Like any job there are great people out there and bad ones. I happen to live next door to two cops who are assets to the community, and make it a better place, but have also had encounters with people who definitely should not have been walmart greeters, let alone in any position of power.
 
Agree and the video certainly does show an uncalled for use of force so he has that on his side too. The guy was wrestled to the ground and handcuffed! MY GOD! Hopefully people do not condone this in the USA? Over a speeding ticket? *LOL* Holy smokes how can one defend the police actions. I already know there will be corrective action. Hope we can revisit this in a month.

Reckless driving, not simply speeding, which is an arrestable offense in Florida (according to Google). Downplaying the charge/offense doesn't help further prove the point.
 
Both parties are wrong in this encounter. TH could have ensured this ended up as a "normal" traffic stop encounter by rolling down his widow as requested and not being a SA. The cops could have toned down their response and not yanked him out of the car like they did. This is a prime example of how things escalate out of control and the worst case outcome happens.
 
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