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June 4, 2010, 09:44 AM | #26 | |
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http://www.nesba.com/ http://www.sportbiketracktime.biz/ And their are many more! |
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June 4, 2010, 10:40 AM | #27 | |
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This whole "angry man" scenario is a canard. This isn't a random encounter, or a road rage incident. And I'd really like to see the front of that Malibu. Methinks it quite possible there are some red and blue lights twinkling merrily behind the grill, eh?
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June 4, 2010, 10:47 AM | #28 |
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Part of me wishes this ended in a shootout with the cop getting his nuts shot off.
Another part of me praises the motorcyclist for being better than that. He handled that very well in my opinion. The cop is lucky he doesn't live where I live in MI. Last cop who drew a gun without a uniform on got himself buckshot to the face from a hunter who thought the cop was a trying to mug him. I believe the hunter got off without any charges and the cop? Well he didn't survive long enough to make it in the court. Getting back on topic, The charge against the cyclist for "illegally" filming a police officer is bogus for two reasons. 1. the camera was in plain sight and on. Every video camera I've seen has a light on it to show when its on/recording so the officer should have known he was on camera and politely asked the cyclist to turn it off. Furthermore, technically the cyclist was in a catch-22 situation: * Since the camera was already on, the moment the LEO stepped out of the car; the cyclist was breaking the law. Even if he told officer immediately, he was still recording the officer and therefore; breaking the law. * If the cyclist immediately turned away or covered the camera lense the officer would have probably acted rash thinking the cyclist was going to do something. Eitherway, it was a lose-lose situation. 2. I would argue that a law against recording officers is unconstitutional. This makes getting evidence against officers for abusing their power impossible in certain circumstances. In order to show that an LEO is abusing their power you need to catch them red handed. If they know they are on camera they probably won't act the way they would when they think they are not being recorded. If we take an extreme case; This means if you recorded a LEO Killing someone and disposing of the body, you cant use the video in court because it's illegally obtained evidence. Also, this law can be twisted very easily. Technically if you are recording someone doing something suspicious who turns out to be an undercover cop, you just broke the law and commited a felony. This law basically can be use to convict ANYONE who recorded even a glimpse of an LEO as felon. |
June 4, 2010, 11:17 AM | #29 | |
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Not to hijack the thread but here's some actual info:
http://wjz.com/local/preakness.fight...2.1708562.html Some discussion on the MD Interception law: http://www.rightgrrl.com/tripp/woods.html Another MD example: http://www.youtube.com/watch?v=nWF3D...layer_embedded This one was at the Preakness racetrack, which is a privately operated facility. They don't tell you the full story, the girl was in a fight with somebody else and the police came to break it up. The amount of force used is debatable. What I do see is the girl not being compliant to repeated requests to put her hands behind her back once the fight was over. Most likely drunk beyond reasonable judgment. A shame she looked great in that outfit and probably lost her Preakness hat. And finally, the actual MD Criminal Statute sec 10-402: http://law.justia.com/maryland/codes/gcj/10-402.html Quote:
Last edited by booker_t; June 4, 2010 at 12:39 PM. |
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June 4, 2010, 12:39 PM | #30 |
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Whether you like it or not, seems pretty clear to me! ACLU has put it to the Attorney General to review and possibly clarify, for specific cases, which is probably a good thing.
Ignorance of the law is no defense, and laws on the books should be enforced. Don't like 'em? Petition your legislators or vote them out. Welcome to the USA. |
June 4, 2010, 01:44 PM | #31 |
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Here is the other video you didnt see which is the way it should have been done:
http://www.youtube.com/watch?v=NGeEEZIfZz4 The motorcylcist is obviously speeding and making the other cars on the highway look like they are standing still. The officer gets behind the motorcycle with his car, pulls over the cycle driver, gives the cyclist a warning, lesson learned...have a nice day... The officer in the first video produced a weapon which made it into an entirely different youtube video. The pistol wasn't needed, it wasnt a justifiable use of force per court decisions and the officer could even be sued later on... Here is an article in regards to a Taser. http://www.csmonitor.com/USA/Justice...-use-of-Tasers For the officer to say that producing the weapon was for self-defense is laughable. So if I jump out on the highway in front of traffic, would it be ok for me to shoot because traffic didnt stop on the interstate? Jumping in front of moving vehicles and expecting for traffic to simply stop then when it doesnt you fire is a bit laughable and makes no sense. |
June 4, 2010, 02:50 PM | #32 |
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At the risk of alienating some folks, I feel that the plain clothes officer in question failed to demonstrate proper use of adequate force. The act of immediately brandishing his sidearm during what amounts to a traffic stop seemed excessive. If you'll notice, the officer had barely set one foot on the ground but was already reaching for his sidearm. It was as if he seemed to have already made his mind up before he opened the door of his vehicle about how he was going to handle the rider. I witnessed no provocation from the motorist that required the use of firearms. NONE. The officer showed very little restraint in this situation.
Speeding, street racing (even if you are the only participant), improper lane change, etc, etc, are ticketable offenses to be sure and even jailable if gross, but these are not the same as knocking over your local 7/11 and making your get-away. No, to me, if it were me, the approaching officer looked like a another case of extreme road rage. Actually, after seeing the angered expression on the officer's mug, I'm a bit surprised that he didn't have his front sight on the rider.
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June 4, 2010, 03:36 PM | #33 |
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Brandishing a firearm in this situation was not justified. I think we all can agree on that. However, no harm no foul. Since the guy with the gun was a cop, about the worst that can happen is he will have a complaint filed in his record. He might have to answer to an internal affairs investigation, but that's about it.
Hopefully the idiot motorcyclist was arrested and is made to expend large amounts of money defending himself in court, or does some jail time. This wasn't mere wrecklessness - it was pre-planned wrecklessness as evidenced by the helmet-cam. Hey, I ride a motorcycle too - but I won't cry any if this goof gets squashed like a bug by an "angry driver" who swerves into his path just for kicks and giggles. |
June 4, 2010, 03:37 PM | #34 | |
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June 4, 2010, 03:53 PM | #35 |
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Planned recklessness or not, is that enough reason for a cop to pull a gun?
I think not..... |
June 4, 2010, 04:10 PM | #36 |
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Funny thing, in Omaha a couple years ago, a bunch of squids (we call these guys that) were doing stunts on a side street while being filmed. A bike got away from the rider and hit the cameraman who it just happend to be a Omaha cop. He died right there.
I was in LA running up I5, 2 guys on sportbikes were in front of me. One wheelied at like 80mph. He only stopped when his bike got loose and kinda almost lost it. Stupid stuff IMHO, should a cop be able to use a gun to stop this? I would hope he didnt need too. Sure would like to see the front of that car. |
June 4, 2010, 08:57 PM | #37 | |
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Also, many states restrict consensual monitoring by citizens, by requiring consent of monitored parties. This has been ruled constitutional and is probably the basis for the charge of recording the officer. It probably won't stick based on the fact the helmet cam was operable before the arrest. |
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June 4, 2010, 11:54 PM | #38 |
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The guy was a Barney Fife! C'mon, let's be logical here. Saying that brandishing a firearm by an officer, plain clothes or uniformed, without adequate provocation is reasonable and within the scope of this rider's faux pas' and circumstance, then I suppose j-walkers require SWAT level intervention. Or do all the cops hold you at gun point while writing you a citation where you are from? And at what point during the video did you witness the motorist evading arrest? I certainly didn't see that.
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June 5, 2010, 12:20 AM | #39 |
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The cop was in the wrong and that's it and so was the guy on the bike. The cop just 1up'd him with the gun drawing jazz. Cpc hit the nail on the head.
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June 5, 2010, 01:03 AM | #40 |
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I don't know about Maryland law...
...but it looks like professional law enforcement to me, with the information available.
It depends on department policy, but LEOs usually are permitted to draw their weapon if it might be needed to defend themselves. Likewise, LEOs are not required to retreat in the face of a threat if they are trying to arrest someone. It was a very rapidly developing situation, and the LEO probably saw a chance to apprehend someone who was operating a vehicle in a way that presented a clear and immediate danger to the public. The weapon was never pointed at the suspect, and was holstered immediately upon cessation of the threat. The vehicle should've been marked, and the officer better identified, but I don't know if he was working the pursuit, or just happened to be in the right place at the right time (perhaps even off duty). He ID'd himself verbally as a peace officer in matter of seconds. The law about recording people without their consent protects everybody, not just law enforcement. There is an exemption allowing law enforcement to record contacts, however, which should not be a problem because the courts have determined there is no reasonable expectation of privacy when talking to a cop in the course of their duty (it's always "on the record"). The biker broke the law then posted it on YouTube. He's the one who needs to be punished, by any rational standard. The officer did a good job. I'm not sure it was "best practice", but the real world is like that... If the biker had attempted to flee by driving at the officer, and been shot, it probably would be determined to be within policy and lawful. Last edited by R1145; June 5, 2010 at 01:22 AM. |
June 5, 2010, 04:59 AM | #41 |
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Sometimes the best way to deal with a situation is to avoid putting yourself into it. This is a perfect example of one of those times.
It's ridiculous in the context of "the advancement of responsible firearms ownership" to explore tactics for using a firearm to extricate one's self from a situation generated by one's own irresponsible, criminal, anti-social, foolish, and dangerous actions.
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