General Police Abuse Thread

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The Romulan Republic
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Re: General Police Abuse Thread

Post by The Romulan Republic » 2018-01-02 10:34pm

MKSheppard wrote:
2018-01-01 04:21pm
Link

Isn't this what they wanted?
I think what they mostly wanted is police who would actually protect the innocent.

Or, you know, do their jobs.
Kamakazie Sith wrote:
2017-12-31 12:46pm
Tribble wrote:
2017-12-31 11:22am
The way things are going in the US, police training might as well include a course called "latest screw-ups" with recruits just watching the news and the instructor saying "see what that officer did? Don't do that".
Our start of shift briefings do actually.
Good for your department, then.
"Our progress in degeneracy appears to me to be pretty rapid. As a nation, we began by declaring that "all men are created equal." We now practically read it "all men are created equal, except negroes" When the Know-Nothings get control, it will read "all men are created equal, except negroes, and foreigners, and Catholics." When it comes to this I should prefer emigrating to some country where they make no pretence of loving liberty -- to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocracy." - Lincoln.

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Re: General Police Abuse Thread

Post by Kamakazie Sith » 2018-01-03 03:22am

Kamakazie Sith wrote:
2017-12-31 12:46pm
Our start of shift briefings do actually.

Good for your department, then.
Thanks man.

Debriefing is pretty common in most major departments. The efficiency of this could be increased though if law enforcement agencies shared all their information with other agencies.

I mean full access to everything the investigation revealed so we can all learn from their mistakes.

As it stands right now all we have access to is what is revealed in the news. Still can learn something but not as complete as it could be.
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Re: General Police Abuse Thread

Post by Dominus Atheos » 2018-01-19 01:11am

Federal court rules that owning a computer is enough probable cause to get a search warrant in any case that involves a computer.

http://www.opn.ca6.uscourts.gov/opinion ... 13p-06.pdf

This is a weird case, so bear with me as I try to explain it. First, a guys was accused of sending fake letters to the school of a confidential informant's children telling them that he was a CI and that he was previously a drug dealer. The alleged sender's house was searched and nothing was found. First, the search warrant:
Taken as a whole, the affidavit clearly supports the magistrate’s finding of probable cause
to believe that the mailings originated with Mr. Peffer. Specifically, Sergeant Stephens averred:
(1) Beemer had provided information that led to Mr. Peffer’s arrest; (2) the letters naming
Beemer had been sent after Mr. Peffer’s arrest; (3) the fliers, which specifically named a
prosecutor who had been present at Mr. Peffer’s sentencing, had been sent within two weeks of
said sentencing; (4) Trooper Glentz received the marijuana seeds while he was trying to contact
Mr. Peffer; (5) Mr. Peffer was the only person on whom Beemer had informed whom Trooper
Glentz had attempted to contact; (6) the fliers asked for any information regarding Beemer to be
forwarded to CMET and TNT, and Mr. Peffer was the only individual in the counties targeted by
the mailings who had been charged with crimes stemming from interactions with both CMET
and TNT; and (7) the mailings had been postmarked from Grand Rapids, which is the central
sorting facility for the area where the Bierri Road residence is located. We agree with the
district court that no reasonable jury could fail to find that Sergeant Stephens’s affidavit provided
“adequate supporting facts about the underlying circumstances to show that probable cause
exist[ed]” to connect Mr. Peffer to the mailings. See Weaver, 99 F.3d at 1377.
That's a good amount of circumstantial evidence, but doesn't actually include any evidence directly linking Peffer to the crime. Or, importantly, directly connecting Peffer's residence to the crime, which is necessary to get a search warrant for that residence.

But wait, plot twist! Peffer owned a computer, so that is evidence that he sent the letters from his house, obviously.
It appears to be a question of first impression in this circuit whether the nature of a
computer is such that its use in a crime is alone sufficient to justify an inference that, because of
“the nature of the things to be seized,” ibid., evidence of the crime is likely to be found in the
alleged criminal’s residence. But this question is not a difficult one to answer based on basic
principles.
The court's reasoning if a cop or CI sees someone with a gun, that is probable cause to search someone's house for guns. And computers are just like guns, right?
When it comes to guns, because we “have acknowledged that individuals who own guns
keep them at their homes,” United States v. Smith, 182 F.3d 473, 480 (6th Cir. 1999), a suspect’s
use of a gun in the commission of a crime is sufficient to find a nexus between the gun that was
used and the suspect’s residence. For example, in United States v. Vanderweele, an informant
told an ATF agent that he had seen Vanderweele in possession of a silencer at a clubhouse.
545 F. App’x 465, 467 (6th Cir. 2013). The agent sought a search warrant for Vanderweele’s
residence based on nothing more than the informant’s statement that Vanderweele had been in
possession of a silencer and his awareness, “based on his training and experience, ‘that firearms,
ammunition, and related items are commonly stored within the owner or possessor’s dwelling.’”
Id. at 469. We held that based on these alleged facts, “[t]he magistrate judge had reason to
believe that the silencer would be found at Vanderweele’s house,” and we upheld the warrant.
Ibid.
It is clear that the use of a gun in the commission of a crime is sufficient to establish a
nexus between the suspected criminal’s gun and his residence. Computers are dissimilar to guns
in many ways, including the nature of the crimes in which they are used and the relative ease
with which guns can be transported and discarded. Computers are similar to guns, however, in
that they are both personal possessions often kept in their owner’s residence and therefore
subject to the presumption that a nexus exists between an object used in a crime and the
suspect’s current residence. This is borne out by our cases involving the consumption of child
pornography via computer.

Although we have never been asked to pass judgment on a magistrate’s finding of a
nexus between the computer used to consume child pornography and the alleged consumer’s
residence based on nothing more than the use of the computer, we have placed our imprimatur
on a number of search warrants issued based on affidavits with scant evidence supporting a
nexus beyond the use of a computer. See, e.g., United States v. Elbe, 774 F.3d 885, 890 (6th Cir.
2014) (finding that affidavit established nexus because the suspect’s residence had high-speed
internet and the suspect had been observed using a laptop on his front porch); United States v.
Lapsins, 570 F.3d 758, 766 (6th Cir. 2009) (finding that affidavit established nexus because the
IP address used to distribute prohibited material was accessed by a residential modem located in
the general vicinity of suspect’s residence and that suspect had participated in an online chat
regarding prohibited material between the hours of 6:30 and 8:30 a.m., when suspect would be at
home); United States v. Terry, 522 F.3d 645, 648 (6th Cir. 2008) (finding nexus because affidavit
established that the suspect had a computer at his residence and had sent an email containing
prohibited material at approximately 2:30 a.m.).
Those are a little more direct of connections, aren't they?
Just as guns, and other possessions, are generally kept in the home, so too are computers,
and so we readily find a nexus between computers used in the consumption of child pornography
and the suspected consumer’s residence.
Here, the affidavit included allegations that Mr. Peffer had used a computer in the
commission of his crime, that evidence of the crime would likely be found on that computer, and
that Mr. Peffer resided at the Bierri Road residence, thereby establishing a presumption that
evidence of the crime would be found at the Bierri Road residence. That the affidavit did not
allege that Mr. Peffer owned a computer or that he kept one at the Bierri Road residence is
immaterial, because the averment that he used one in the commission of a crime is sufficient to
create the presumption that it would be found at his residence. See e.g., Vanderweele, 545 F.
App’x at 469
No, no it doesn't. And just a reminder, nothing was found at the residence or on the computer, and Peffer was never charged.

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Re: General Police Abuse Thread

Post by Simon_Jester » 2018-01-19 07:51am

Correct me if I'm wrong, but in the case where "suspect used a gun in a crime" establishes a nexus between the suspect's gun and his residence, there was specific, non-circumstantial evidence that the suspect had committed a gun crime (i.e. owned a silencer).

And in the other cases cited where "suspect used a computer in a crime" establishes a nexus between the suspect's computer and his residence, there was specific, non-circumstantial evidence that the suspect had committed a computer crime, thus justifying search of the home for the computer in question. Which seems fair enough; using computers from the home isn't exactly rare behavior.

It seems to me, the problem here isn't having a judge reason "well, we have good reason to think that this guy used a computer to commit a crime, so let's go search his house for computers with evidence of the crime."

The problem here was having a judge reason "well, we have good reason to think that this guy used a computer to commit a crime" at all.
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Re: General Police Abuse Thread

Post by Kamakazie Sith » 2018-01-19 11:21am

Simon_Jester wrote:
2018-01-19 07:51am
The problem here was having a judge reason "well, we have good reason to think that this guy used a computer to commit a crime" at all.
Unless I'm misunderstanding the crime that was alleged to have been committed was; witness intimidation and impersonating a police officer". The computer became a sought piece of evidence because letters and fliers were created that specifically targeted a confidential informant that was being used as a witness and they were created in such a way that a person would think they were from law enforcement.

Also, DA is exaggerating a bit that the federal court ruled that owning a computer is enough probable cause to get a search warrant in any case that involves a computer. The magistrate went off the totality of the information provide and determined that probable cause existed that evidence probably existed on the defendants computer.

As a reminder. Probable cause is not 100% sure. Hell, it's not even 70% sure. Probable cause has been consistently described to me throughout my education in criminal law as greater than 50% while other legal sources describe it as even lower. See for yourself.

https://www.nolo.com/legal-encyclopedia ... quire.html

I remember a preliminary trial that I observed once while in the academy. The preliminary was to determine if law enforcement had probable cause. The details aren't important but what the judge said stuck with me. She ruled that the police did have probable cause but she also said it was quite obvious that reasonable doubt existed and had this been a trial she would find the defendant not guilty. So, the trial was scheduled later and sure enough the defendant was found not guilty.

Just something to keep in mind about why a judge would approve a search warrant when "no direct link" existed.
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Re: General Police Abuse Thread

Post by Dominus Atheos » 2018-01-19 11:56am

Kamakazie Sith wrote:
2018-01-19 11:21am
Also, DA is exaggerating a bit that the federal court ruled that owning a computer is enough probable cause to get a search warrant in any case that involves a computer. The magistrate went off the totality of the information provide and determined that probable cause existed that evidence probably existed on the defendants computer.
[urlhttps://slate.com/news-and-politics/2018/01/john-k-bushs-opinion-in-peffer-v-stephens-is-truly-awful.html]I'm hardly the only one saying that.[/url]
An Awful Ruling From One of Trump’s Worst Judicial Appointees

John K. Bush’s opinion in Peffer v. Stephens will let the police ransack almost any suspect’s home.

...

Here’s where the Fourth Amendment came into play. In order to search Peffer’s house for evidence, the police needed a warrant. In order to obtain a warrant, the police had to provide “probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” To fulfil this obligation, one detective submitted an affidavit to the court asserting he had probable cause to believe Peffer’s residence “may contain evidence of the crime of Impersonating a Police Officer and Witness Intimidation.” The detective asked permission to search Peffer’s house for “computer hardware,” “computer-related equipment,” printers, scanners, any “electronic storage device,” and Peffer’s personal email.

A judge issued a warrant granting this request. The police promptly ransacked the house and seized all the electronics they could find. Law enforcement searched the items but apparently found nothing incriminating; prosecutors elected not to press charges. Peffer and his wife sued, alleging a violation of their Fourth Amendment rights. A lower court threw out their suit, and Bush affirmed its decision in a unanimous decision for a three-judge panel. (Bush was joined by two conservative Republican appointees.)

Bush correctly noted that at the heart of the case lay “a question of first impression” for the 6th Circuit: Can a judge issue a search warrant that allows the police to search an individual’s entire residence for electronics based on an inference that he might have committed a crime using a computer that may or may not be in his home?

“This question,” Bush wrote, “is not a difficult one.” Turning to “basic principles,” Bush asserted that “it is reasonable” to “assume that a person keeps his possessions where he resides.” And if “an affidavit presents probable cause to believe that a crime has been committed by means of an object,” Bush wrote, a judge “may presume that there is a nexus between that object and the suspect’s current residence.” Therefore, because Peffer may have committed a crime using a computer, and that computer might be in his house, the police have constitutional authority to scour his entire home in search of evidence.

This ruling is now controlling precedent in Kentucky, Michigan, Ohio, and Tennessee, the states within the 6th Circuit. It is almost certainly incorrect. In 2016, the 6th Circuit explained that, under the Fourth Amendment, the police must establish a “nexus” between a suspect’s crimes and his residence to justify a home search. In that case, the defendant was caught leaving a drug deal with more than 500 grams of heroin. The court held that “a suspect’s status as a drug dealer” does not justify a search of his home. Instead, it demanded “facts that directly connect the residence with the suspected drug dealing activity.”

That principle should clearly apply to Peffer’s case. The police presented no facts indicating Peffer created or printed the fliers at home—or that he had a computer in his house. Even if law enforcement knew Peffer owned a computer and printer, the warrant would still be overbroad. Most Americans now own a computer, and the police can frequently concoct some tenuous theory as to how that computer might have factored into some suspected crime. If Bush is right, and the Peffer warrant was constitutionally sound, then the Fourth Amendment’s protections of the home have now been rendered toothless by modern technology.
Although I don't really like that article because it spends half the time blaming trump for appointing this judge. An Obama judge totally could have authored the same opinion, most of his appointees are just as bad on civil liberties.

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Re: General Police Abuse Thread

Post by Simon_Jester » 2018-01-19 03:41pm

DA, under what circumstances would the police be justified in searching a home for computers on the grounds that they suspect the resident to have used the computer for a crime?
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Re: General Police Abuse Thread

Post by Dominus Atheos » 2018-01-19 03:50pm

When they have direct, non-circumstantial evidence that the resident actually committed a crime.

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Re: General Police Abuse Thread

Post by TheFeniX » 2018-01-19 04:01pm

Simon_Jester wrote:
2018-01-19 03:41pm
DA, under what circumstances would the police be justified in searching a home for computers on the grounds that they suspect the resident to have used the computer for a crime?
(finding that affidavit established nexus because the
IP address used to distribute prohibited material was accessed by a residential modem located in
the general vicinity of suspect’s residence and that suspect had participated in an online chat
regarding prohibited material between the hours of 6:30 and 8:30 a.m., when suspect would be at
home); United States v. Terry, 522 F.3d 645, 648 (6th Cir. 2008) (finding nexus because affidavit
established that the suspect had a computer at his residence and had sent an email containing
prohibited material at approximately 2:30 a.m.).
I would say an IP address tieing it to the home... which seems to be the case here, but I'm confused about "general vicinity." They track this shit, most Internet providers tie you to an IP. They hand out (semi) static addresses like candy these days. Depending on where this is and what provider was used. Coverage seems to be about 50% in Reed City. If he was using some kind of directed wireless or satellite from some podunk ISP, then that could explain it. They may have an address pool with dynamically assigned IPs on a short lease. Could be that's why they can't narrow it down more. Or someone like Hughesnet, which is garbage, could just not have records.

That said, I don't think this is a straight "he had a computer, so we can search his house because computer crime was committed" deal.

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Re: General Police Abuse Thread

Post by Simon_Jester » 2018-01-20 11:03am

Dominus Atheos wrote:
2018-01-19 03:50pm
When they have direct, non-circumstantial evidence that the resident actually committed a crime.
So your underlying argument is that circumstantial evidence cannot be sufficient to trigger the "probable cause"
standard for warrants? And that all the evidence in this case was circumstantial?
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Re: General Police Abuse Thread

Post by Dominus Atheos » 2018-01-20 01:34pm

Yes, the evidence they had was that he was the only person with the motive to commit the crime. Which is pretty good cause to start an investigation, probably even detain and question him (although "I'm not saying anything without my lawyer" would be enough to get him out of even that) but there's still nothing actually showing that he specifically committed the crime, or that the crime was carried out from his residence or that evidence of the crime would be found there.

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Re: General Police Abuse Thread

Post by Highlord Laan » 2018-01-31 04:54pm

Baltimore PD, serving and protecting
Notable testimony from the Baltimore Police Gun Trace Task Force corruption trial

Here’s a rundown of what we’ve learned from the trial of two police officers, detectives Daniel Hersl and Marcus Taylor, from the Baltimore Police Department’s Gun Trace Task Force:

Trial Day 1: Tuesday, Jan. 23
Detective Maurice Ward, one of the Gun Trace Task Force officers who has pleaded guilty to his role in a racketeering conspiracy, took the stand on the first day of trial for two of his co-defendants, Hersl and Taylor, and laid out a wide array of astonishing corruption he said the officers took part in.

» Ward testified that his squad would prowl the streets for guns and drugs, with his supervisor, Sgt. Wayne Jenkins, driving fast at groups of people and slamming on the brakes. The officers would pop their doors open to see who ran, then give chase and detain and search them. Ward said this occurred 10 to 20 times on slow nights, and more than 50 times, “easy,” on busier nights.

The officers had no reason to target the crowds other than to provoke someone who might have drugs or a gun into running. “A lot of times” guns and drugs were recovered in this way, Ward said.

» Ward said Jenkins liked to profile certain vehicles for traffic stops. Honda Accords, Acura TLs, Honda Odysseys were among the “dope boy cars” that they would pull over, claiming the drivers weren’t wearing seat belts or their windows were too heavily tinted.

» Ward testified that his squad would prowl the streets for guns and drugs, with his supervisor, Sgt. Wayne Jenkins, driving fast at groups of people and slamming on the brakes. The officers would pop their doors open to see who ran, then give chase and detain and search them. Ward said this occurred 10 to 20 times on slow nights, and more than 50 times, “easy,” on busier nights.

The officers had no reason to target the crowds other than to provoke someone who might have drugs or a gun into running. “A lot of times” guns and drugs were recovered in this way, Ward said.

» Ward said Jenkins liked to profile certain vehicles for traffic stops. Honda Accords, Acura TLs, Honda Odysseys were among the “dope boy cars” that they would pull over, claiming the drivers weren’t wearing seat belts or their windows were too heavily tinted.

» Later, Ward said Jenkins contacted him about wanting to rob the man again. They met at an apartment, where Jenkins and Hersl sipped Twisted Teas and discussed a robbery. Another time, he proposed a different robbery, and showed the officers a large black bag that was full of balaclava ski masks, black clothing and shoes. Another bag contained tools such as a crow bar, battering ram, and a rope with a grappling hook. “I didn’t understand that part,” Ward said of the grappling hook. Both bags were emptied out for jurors in the courtroom.
That was just day one. There's much more through the link, but I don't want to clog the page with all of it. I expect some truly earthshaking examples to be made after this case. There might even be a wrist slap after the paid administrative leave.
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Re: General Police Abuse Thread

Post by Dragon Angel » 2018-02-12 10:06pm

NYPD precinct tweets with BLM hashtag, random cops raise shit about it, precinct caves and replaces tweet.
Law and Crime wrote:NYPD Cops Outraged After NYPD Official Tweets #BlackLivesMatter
by Colin Kalmbacher | 4:25 pm, February 10th, 2018

A New York City Police Department (“NYPD”) precinct commander is in hot water after a controversial civil rights phrase appeared on the precinct’s Twitter feed.

The adverse reaction occurred after the NYPD’s 100th Precinct in Queens posted an update on their official Twitter account in an attempt to take part in Black History Month.

That tweet referenced boxer Jack Johnson–who became the first African American world heavyweight boxing champion in 1908–at the height of Jim Crow.

The offending tweet reads as follows:

Jack Johnson became the first African American man to hold the World Heavyweight Champion boxing title in 1908. #Blacklivesmatter

New York City cops were not amused by the post. The backlash was quick and fierce.

One police source complained to the New York Post, “How can a precinct commander lead people when she aligns herself with a group that is known to hate law enforcement and wishes police officers dead?She’s making a political statement on a job Web site. Let’s see what the police commissioner does now. If they don’t take action, then I guess the police commissioner and the mayor condone this.”

The tweet was later deleted and replaced with the same message and the hashtag: #BlackHistoryMonth.

The bio for the account in question reads, “Deputy Inspector Janice Holmes, Commanding Officer. The official Twitter of the 100th Precinct.” Holmes’ headshot is also the account’s avatar. But, according to Holmes, she wasn’t the one who posted the tweet in question. It was allegedly posted by an underling and Holmes reportedly ordered the original tweet to be deleted-and-replaced.

An NYPD spokesperson said that officials are “currently reviewing the Twitter account of the 100th Precinct.” The NYPD admitted, however, that nothing was likely to come of that investigation, noting, “There is no indication that any discipline will be given out.”
Every time I think there may actually be some measure of even incremental improvement happening, there's always a group of morons ready and willing to stand up and march that one step back...
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And my head I'd be scratchin', while my thoughts were busy hatchin', if I only had a brain!
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Re: General Police Abuse Thread

Post by Dominus Atheos » 2018-02-19 07:12pm

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct did not amount to a constitutional violation and that the officer was entitled to both federal qualified immunity and state statutory immunity under the Maryland Tort Claims Act (“MTCA”). For the reasons that follow, we affirm the district court’s judgment.

...

E.W. was then removed from class and placed in a closed office with Dolgos and two school administrators. Dolgos told E.W. that she was there to discuss what took place on the bus. But, in Dolgos’s estimation, “E.W. [did not] seem to care.” J.A. 23. E.W. explained, (what happened 3 days ago) J.A. 23. Dolgos attempted to emphasize to E.W. the seriousness of the situation and the possible repercussions, telling her that adults could be jailed for such behavior. Still, in Dolgos’s opinion, “E.W. continued to act as if the situation simply was not a ‘big deal.’” J.A. 23. Dolgos then decided to take E.W. into custody.

Dolgos placed E.W. in handcuffs from behind and reseated her. Dolgos inserted two fingers between the handcuffs and E.W.’s wrists to ensure that they were not too tight. In her affidavit, Dolgos stated that she was concerned about the physical safety of herself and the school administrators because of both the incident she observed in the surveillance video and E.W.’s apathy. Dolgos expressed concern in the affidavit that E.W. might act violently against her or someone else if she attempted to walk E.W. from the school to her patrol car. Dolgos also admitted, however, that she had no idea whether E.W. had “any past or current behavioral issues or past involvements with law enforcement.” J.A. 24. According to Dolgos, E.W. stood 4’4” and weighed about 95 pounds, while Dolgos stands 5’4” and weighs 155 pounds.
http://www.ca4.uscourts.gov/opinions/161608.P.pdf

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Re: General Police Abuse Thread

Post by White Haven » 2018-03-09 09:53am

[quote="CNN"A western North Carolina police officer who resigned after a body camera video shows him hitting and using a Taser on a man suspected of jaywalking will face preliminary charges of assault, the Buncombe County District Attorney's Office said Thursday.

Senior Police Officer Christopher Hickman, 31, was removed from patrol duty a day after the incident last August and resigned from the Asheville Police Department in January, the same day he was to be terminated, according to a timeline of the case released by the Asheville City Council.
On Thursday, a judge issued a warrant for Hickman's arrest on one count each of assault by strangulation, assault inflicting serious injury and communicating threats.

Asheville Mayor Esther Manheimer said Hickman has been taken into custody. It is unclear whether Hickman has an attorney.
CNN reached out to the Fraternal Order of Police lodge in Asheville and didn't receive an immediate comment.
The release of body cam video in late February caused outrage in this North Carolina city in the Blue Ridge Mountains. The video shows Hickman and an officer in training stopping Johnnie Jermaine Rush, then 32, for allegedly jaywalking in the early morning hours of August 25, 2017.
After initial words were exchanged, Hickman moves to arrest Rush, who then flees on foot, according to video of the incident published by the Asheville Citizen-Times on February 28.
"(He) thinks it's funny," Hickman is heard saying as he chases Rush. "You know what's funny is you're gonna get f---ed up hardcore."
The officers catch Rush and tackle him. As Rush is being restrained on the ground, Hickman punches him in the head several times, shoots him with a stun gun and chokes him.
"I can't breathe! I can't breathe!" Rush repeatedly yells. "Help! Help!"
Later in the video, Hickman speaks with another officer.
"I beat the s--- out of his head," Hickman says. "Not gonna lie about that."
The violent arrest is one of several videotaped instances in recent years that have generated anger and public debate about police use of force.
Hickman did not immediately respond to an emailed request for comment. Rush could not be reached for comment.
A spokesman for the North Carolina State Bureau of Investigation said that the FBI has launched an investigation into the incident, according to the Citizen-Times. The US Department of Justice told CNN it never comments on whether there is an investigation.
Tempers flared at a town hall meeting Wednesday as locals expressed their frustration and anger about the incident, according to CNN affiliate WLOS. Amid the outcry, police Chief Tammy Hooper said she would resign if it would help resolve the problem, WLOS reported.
CNN called the police department but was unable to get a comment from the chief.
"There is no excuse for what happened to Johnnie Rush," the ACLU of North Carolina said in a tweet. "Police must protect and serve everyone, regardless of race. Instead, a Black man gets beaten, tased, and choked over jaywalking. That's right, jaywalking."
Manheimer apologized to Rush in a statement on behalf of the City Council.
"The City Council and I immediately contacted city administration to express our outrage at the treatment of Mr. Rush and our outrage of not being informed about the actions of APD officers," Manheimer wrote. "We will have accountability and, above all, transparency."
Manheimer said the council wants to review how the incident was handled by police administrators and to look at police policies and training.
Officer resigned before termination
Rush initially was charged with second-degree trespassing and resisting a public officer. He filed a complaint with police the day he was arrested alleging Hickman used excessive force.
Chief Hooper watched the body camera footage, according to the timeline, and ordered Hickman off the street and told him to turn in his badge and gun. He was placed on administrative duty after Rush's complaint.

"The whole thing is bad, right? When I watched the video, I had the same reaction as probably you did when you watched it," Hooper told WLOS. "It's just a terrible, egregious case. The whole reason around the stop to begin with was just a bad thing from start to finish."
The district attorney and Asheville police agreed to dismiss the charges against Rush in September after watching the body camera footage, according to documents from the City Council.
"The acts demonstrated in the video were egregious and unacceptable," Asheville police said. "Therefore, APD requested that all charges against Mr. Rush related to this incident be dropped, to which the DA agreed and dismissed them."
Officials then went back and reviewed 58 hours of Hickman's body camera footage and found four other instances in which he displayed "discourteous and rude conduct to members of the public," according to the timeline.
In January, Hooper moved to fire Hickman but the officer resigned first.
Hooper also asked a detective to investigate whether Hickman committed criminal assault in the interaction, according to the timeline. That investigation is ongoing.
"The acts demonstrated in this video are unacceptable and contrary to the department's vision and the progress we have made in the last several years in improving community trust," the police chief said in a statement.
"Officers know that they must earn the trust of our community by providing fair and respectful service. That very clearly did not happen during the incident depicted and for that I apologize to Mr. Rush, as well as the community," Hooper said.

Asheville Police
@AshevillePolice
Statement from Chief Hooper regarding the video on @asheville. #The acts demonstrated in this video are unacceptable and contrary to the Department's vision and the progress we have made in the last several years in improving community trust..."

The body camera video published online by the Citizen-Times begins as Hickman and an officer in training decide to get out of the car and talk to Rush. They say in the video that they had just warned him not to jaywalk.
"You ain't got nothing better to do besides mess with me, and I'm trying to go home," Rush says. "I just got off of work, man. I'm tired."
The officer in training says he saw Rush fail to use a crosswalk four times in a row.
"I was polite with you and asked you, use the crosswalk. I know what you're doing man," the officer in training says. "You think I'm a punk. Guess what, I'm not. I don't think you're a punk either."
The officer in training says he can either arrest Rush or write him a ticket. After more words are exchanged, the officer in training begins to write a ticket.
"Ya'll ain't got s--- better to do besides harass somebody about f---ing walking," Rush says.
Hickman then tells Rush to put his hands behind his back. As the officers approach, Rush flees.
The officers catch up to him and tackle him to the ground. They order him to put his hands behind his back, and he says he can't.
"I can't breathe! I can't breathe!"
Hickman picks up his stun gun and shoots Rush on the ground, who screams in pain. The video shows Hickman putting his left hand around Rush's throat and ordering him to put his hands behind his back.
"I can't!" Rush says.

Other officers arrive on the scene, and Rush is handcuffed on the ground.
"All this over you getting a ticket? Now it's serious, bro," Hickman says.
Hickman then begins yelling at Rush and asks him, "What's wrong with you?"
"Stop yelling at me," Rush says.
"Well, then get up and we'll put you in a car, tough boy," Hickman says.
Officers help Rush up, the video shows, and as Hickman moves him over to his patrol car, he pushes Rush's head down.
"Stop, man, you ain't got to do all of that," Rush says.
"Don't look at me with your spitty, blood face," Hickman responds.
"Yeah, because you've been hitting me in my face," Rush says.
"Yeah, you're right," Hickman says.
"So that give you the right to punch me in my face?" Rush says.
"Unfortunately, it is," officer says.
Later, Hickman speaks with a supervisor on the scene about what happened. The city manager identified the person as a supervisor.
"He started throwing a fit on the sidewalk. I told him to get his hands behind his back, and it was on from there. (He) ran, laughing, saying 'f--- you,' 'can't wait til you catch me.' So we caught him," Hickman says.
"Then he wanted to fight. Tried to drag the Taser out of my hand, and then I just went on his f---ing head. I beat the s--- out of his head. Not gonna lie about that."
The supervisor tasked with reviewing cases of use of force failed to forward any information or notes from Hickman or Rush and did not review the body camera footage, according to the City Council timeline. That supervisor was disciplined and ordered to undergo more training.
CNN's Tina Burnside and Steve Almasy contributed to this report.[/quote]

I'm posting this not so much for the abuse in question, although it's unquestionably there, but for the refreshing sight of a reaction to blatant police abuse that;'s actually mostly not wrong. I would have liked to see Hickman stopped mid-beating by the other officer on-scene, but I understand the difficulty there given that the officer with Hickman was a trainee. Otherwise, for fucking once, we're not seeing the kind of cover from on high that exemplifies so many of these reports. The one person who tried (the supervisor) both failed and is ALSO in hot water over it.
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Re: General Police Abuse Thread

Post by White Haven » 2018-03-09 09:53am

CNN wrote:A western North Carolina police officer who resigned after a body camera video shows him hitting and using a Taser on a man suspected of jaywalking will face preliminary charges of assault, the Buncombe County District Attorney's Office said Thursday.

Senior Police Officer Christopher Hickman, 31, was removed from patrol duty a day after the incident last August and resigned from the Asheville Police Department in January, the same day he was to be terminated, according to a timeline of the case released by the Asheville City Council.
On Thursday, a judge issued a warrant for Hickman's arrest on one count each of assault by strangulation, assault inflicting serious injury and communicating threats.

Asheville Mayor Esther Manheimer said Hickman has been taken into custody. It is unclear whether Hickman has an attorney.
CNN reached out to the Fraternal Order of Police lodge in Asheville and didn't receive an immediate comment.
The release of body cam video in late February caused outrage in this North Carolina city in the Blue Ridge Mountains. The video shows Hickman and an officer in training stopping Johnnie Jermaine Rush, then 32, for allegedly jaywalking in the early morning hours of August 25, 2017.
After initial words were exchanged, Hickman moves to arrest Rush, who then flees on foot, according to video of the incident published by the Asheville Citizen-Times on February 28.
"(He) thinks it's funny," Hickman is heard saying as he chases Rush. "You know what's funny is you're gonna get f---ed up hardcore."
The officers catch Rush and tackle him. As Rush is being restrained on the ground, Hickman punches him in the head several times, shoots him with a stun gun and chokes him.
"I can't breathe! I can't breathe!" Rush repeatedly yells. "Help! Help!"
Later in the video, Hickman speaks with another officer.
"I beat the s--- out of his head," Hickman says. "Not gonna lie about that."
The violent arrest is one of several videotaped instances in recent years that have generated anger and public debate about police use of force.
Hickman did not immediately respond to an emailed request for comment. Rush could not be reached for comment.
A spokesman for the North Carolina State Bureau of Investigation said that the FBI has launched an investigation into the incident, according to the Citizen-Times. The US Department of Justice told CNN it never comments on whether there is an investigation.
Tempers flared at a town hall meeting Wednesday as locals expressed their frustration and anger about the incident, according to CNN affiliate WLOS. Amid the outcry, police Chief Tammy Hooper said she would resign if it would help resolve the problem, WLOS reported.
CNN called the police department but was unable to get a comment from the chief.
"There is no excuse for what happened to Johnnie Rush," the ACLU of North Carolina said in a tweet. "Police must protect and serve everyone, regardless of race. Instead, a Black man gets beaten, tased, and choked over jaywalking. That's right, jaywalking."
Manheimer apologized to Rush in a statement on behalf of the City Council.
"The City Council and I immediately contacted city administration to express our outrage at the treatment of Mr. Rush and our outrage of not being informed about the actions of APD officers," Manheimer wrote. "We will have accountability and, above all, transparency."
Manheimer said the council wants to review how the incident was handled by police administrators and to look at police policies and training.
Officer resigned before termination
Rush initially was charged with second-degree trespassing and resisting a public officer. He filed a complaint with police the day he was arrested alleging Hickman used excessive force.
Chief Hooper watched the body camera footage, according to the timeline, and ordered Hickman off the street and told him to turn in his badge and gun. He was placed on administrative duty after Rush's complaint.

"The whole thing is bad, right? When I watched the video, I had the same reaction as probably you did when you watched it," Hooper told WLOS. "It's just a terrible, egregious case. The whole reason around the stop to begin with was just a bad thing from start to finish."
The district attorney and Asheville police agreed to dismiss the charges against Rush in September after watching the body camera footage, according to documents from the City Council.
"The acts demonstrated in the video were egregious and unacceptable," Asheville police said. "Therefore, APD requested that all charges against Mr. Rush related to this incident be dropped, to which the DA agreed and dismissed them."
Officials then went back and reviewed 58 hours of Hickman's body camera footage and found four other instances in which he displayed "discourteous and rude conduct to members of the public," according to the timeline.
In January, Hooper moved to fire Hickman but the officer resigned first.
Hooper also asked a detective to investigate whether Hickman committed criminal assault in the interaction, according to the timeline. That investigation is ongoing.
"The acts demonstrated in this video are unacceptable and contrary to the department's vision and the progress we have made in the last several years in improving community trust," the police chief said in a statement.
"Officers know that they must earn the trust of our community by providing fair and respectful service. That very clearly did not happen during the incident depicted and for that I apologize to Mr. Rush, as well as the community," Hooper said.

Asheville Police
@AshevillePolice
Statement from Chief Hooper regarding the video on @asheville. #The acts demonstrated in this video are unacceptable and contrary to the Department's vision and the progress we have made in the last several years in improving community trust..."

The body camera video published online by the Citizen-Times begins as Hickman and an officer in training decide to get out of the car and talk to Rush. They say in the video that they had just warned him not to jaywalk.
"You ain't got nothing better to do besides mess with me, and I'm trying to go home," Rush says. "I just got off of work, man. I'm tired."
The officer in training says he saw Rush fail to use a crosswalk four times in a row.
"I was polite with you and asked you, use the crosswalk. I know what you're doing man," the officer in training says. "You think I'm a punk. Guess what, I'm not. I don't think you're a punk either."
The officer in training says he can either arrest Rush or write him a ticket. After more words are exchanged, the officer in training begins to write a ticket.
"Ya'll ain't got s--- better to do besides harass somebody about f---ing walking," Rush says.
Hickman then tells Rush to put his hands behind his back. As the officers approach, Rush flees.
The officers catch up to him and tackle him to the ground. They order him to put his hands behind his back, and he says he can't.
"I can't breathe! I can't breathe!"
Hickman picks up his stun gun and shoots Rush on the ground, who screams in pain. The video shows Hickman putting his left hand around Rush's throat and ordering him to put his hands behind his back.
"I can't!" Rush says.

Other officers arrive on the scene, and Rush is handcuffed on the ground.
"All this over you getting a ticket? Now it's serious, bro," Hickman says.
Hickman then begins yelling at Rush and asks him, "What's wrong with you?"
"Stop yelling at me," Rush says.
"Well, then get up and we'll put you in a car, tough boy," Hickman says.
Officers help Rush up, the video shows, and as Hickman moves him over to his patrol car, he pushes Rush's head down.
"Stop, man, you ain't got to do all of that," Rush says.
"Don't look at me with your spitty, blood face," Hickman responds.
"Yeah, because you've been hitting me in my face," Rush says.
"Yeah, you're right," Hickman says.
"So that give you the right to punch me in my face?" Rush says.
"Unfortunately, it is," officer says.
Later, Hickman speaks with a supervisor on the scene about what happened. The city manager identified the person as a supervisor.
"He started throwing a fit on the sidewalk. I told him to get his hands behind his back, and it was on from there. (He) ran, laughing, saying 'f--- you,' 'can't wait til you catch me.' So we caught him," Hickman says.
"Then he wanted to fight. Tried to drag the Taser out of my hand, and then I just went on his f---ing head. I beat the s--- out of his head. Not gonna lie about that."
The supervisor tasked with reviewing cases of use of force failed to forward any information or notes from Hickman or Rush and did not review the body camera footage, according to the City Council timeline. That supervisor was disciplined and ordered to undergo more training.
CNN's Tina Burnside and Steve Almasy contributed to this report.
I'm posting this not so much for the abuse in question, although it's unquestionably there, but for the refreshing sight of a reaction to blatant police abuse that;'s actually mostly not wrong. I would have liked to see Hickman stopped mid-beating by the other officer on-scene, but I understand the difficulty there given that the officer with Hickman was a trainee. Otherwise, for fucking once, we're not seeing the kind of cover from on high that exemplifies so many of these reports. The one person who tried (the supervisor) both failed and is ALSO in hot water over it.
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Re: General Police Abuse Thread

Post by Dragon Angel » 2018-03-09 12:10pm

Beaten. Tazed. Choked.

For jaywalking.

Jaywalking.

jaywalking

FOR FUCKING JAYWALKING

What ... the ... FUCK was wrong with them? Not just that one cop, all of fucking them. If your partner is beating the shit out of someone who is clearly helpless, it is your responsibility to fucking stop them. Otherwise, you are nothing less than an accomplice.

If they don't get more than a slap on the fucking wrist for this, then there is no justice. He could have fucking died. Other people in a very similar situation have died, and by a miracle of the fucking universe, he lived. "I can't breathe", who does this remind you of? Oh yeah, Eric Garner. Another black man who was murdered by cops.
"I could while away the hours, conferrin' with the flowers, consultin' with the rain.
And my head I'd be scratchin', while my thoughts were busy hatchin', if I only had a brain!
I would not be just a nothin', my head all full of stuffin', my heart all full of pain.
I would dance and be merry, life would be would be a ding-a-derry, if I only had a brain!"

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Re: General Police Abuse Thread

Post by Vendetta » 2018-04-01 08:10am

Mostly he's just lucky he didn't get shot for aggressively running away.

Because apparently US police are so racist they can't tell the back of a black man from the front
The Guardian wrote:Stephon Clark, the unarmed California man killed by police in his grandmother’s back yard, was facing away from the officers when they fired and hit him seven times from behind, the family’s attorney announced Friday, saying an independent autopsy revealed falsehoods in law enforcement’s narrative.

The 22-year-old father of two also did not die instantly and was alive for about three to 10 minutes while police failed to provide him medical aid and instead yelled commands at him and handcuffed him, according to the doctor who conducted an autopsy for Clark’s loved ones.

The news conference in Sacramento is likely to spark further outrage across the country after a week of national scrutiny surrounding the police killing of an unarmed black father in his family’s home on 18 March.

“It contradicts the narrative that has been put forth by the police … that they had to open fire because he was charging at them,” said Benjamin Crump, the family’s attorney. “The bullets were from behind.”

Sacramento police have said the officers were responding to calls about someone breaking into cars when they located Clark in the back yard. Body-camera revealed that two officers ran in and shouted “show me your hands!” and “gun!” and fired a rapid succession of bullets at the unarmed man less than 20 seconds after they arrived.

Police officials said the officers fired a total of 20 bullets and that they later discovered Clark was only holding his cellphone in his hands.

“Prior to the shooting, the involved officers saw the suspect facing them, advance forward with his arms extended, and holding an object in his hands,” police wrote in an initial press release.

The autopsy for the family was conducted by Bennet Omalu, an internationally recognized forensic pathologist famous for his work identifying head trauma in NFL players.

“The proposition that has been presented that … he was facing the officers, is inconsistent with the prevailing forensic evidence,” Omalu told reporters, adding, “It was not an instantaneous death.”

Asked if Clark could have survived if he had received medical attention directly after the shooting, Omalu said he could not speculate, but noted that the US congresswoman Gabrielle Giffords survived a gunshot wound to the head after receiving immediate help.

Clark was hit six times in the middle of his back, one time on the back side of his body and once in the front in his thigh “when he was either on the ground or falling close to the ground”, Omalu said. Each bullet wound could have been fatal, he added.

The question of whether Clark was facing the officers or running toward the officers could be key in terms of whether prosecutors file charges or secure a conviction, though the law broadly allows officers to avoid consequences for killings if they argue they feared for their lives.

Regardless of Clark’s exact movements, his supporters have pointed out that the officers did not announce they were police and immediately started firing at him while on his family’s property.

Earlier in the week, Stevante Clark, Stephon’s older brother, told the Guardian that he was not confident that his family would find resolution in the criminal justice system.

“The chances of cops going to jail are very rare,” he said in a wide-ranging interview about the family’s fight to defend Clark while struggling through immense grief. “We’re not going to get justice, because my brother’s not coming back.”

The family’s lawyers have said they plan to file a lawsuit over the killing.

Sacramento police said in a statement on Friday that they had not yet received the official report from the county coroner and could not comment further on the case.

A spokesperson added in an email: “We acknowledge the importance of this case to all in our community and we are committed to a thorough and comprehensive investigation.”

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