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  1. #1
    MODFATHER cstone's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    While I understand what you're saying, cstone, about maintaining public order, the lone protester wasn't the problem.

    FROM THE VIDEO ONLY I didn't see any probable cause for an arrest whatsoever. He wasn't doing anything differently than anyone else, with the exception he was speaking more rationally and was more peaceful - ie: he wasn't doing any name-calling to specific individuals. The closest he came was saying "union thugs", a generic term.

    My guess is the Sgt who arrested him is part of the union - and, yes, I'd label him a union thug if so - and is sympathetic to the union cause and wanted the guy outta there. I'd also call him a disgrace to the profession for his behavior. I suspect if the guy wants to press it he'll have a good chance at a successful lawsuit against the arresting officer(s) and the city.

    If you're a union member, you're part of the problem. I hope Walker wins and I sincerely hope for the dissolution of all unions. What a bunch of scumbags in that video.
    Agreed, the lone protester was no worse than the other protesters. The issue is: Do the police have the right to move protesters to more acceptable areas to conduct their right to protest in a peaceful manner? The answer in most jurisdictions is "Yes." The cop told the guy to move over there. For the obvious practical reason, it is easier to move one protester than it is to move a large group of protesters.

    When the one protester refused, the cop moved him. He resisted when he moved back to the area he was told to move away from, and at that point, the officer is justified in moving him into the back of a car.

    My guess is the case was not papered or he was never even booked. Every jurisdiction handles these types of issues differently. Either way, I would guess that there will be no law suit filed by the lone protester, and there will be no settlement against the city. If it did go to court, it would be thrown out because most courts recognize the need for officers to maintain control to avert the possibility of harm to either side.

    Hypothetically, let's say the lone protester remains where he was. The police pull back and the large group surrounds the lone protester so that none of the news cameras or on-lookers can see him. When the group finally disperses five minutes later, the lone protester is laying on the ground, bloody, bruised, and with that sign pole lodged in one of his bodily orifices. In that situation, the lone protester would be quite within his rights to sue the city and the police department for not doing their duty to protect him. Worst of all, unless one of the large group flipped and identified who actually assaulted him, there would be almost no chance that anyone would ever be charged.

    Protests are wonderful when everyone agrees with one another and there is no tension. That almost never happens. Regardless of how the police feel about whatever issue being protested, the police have an obligation and are sworn to protect the peace. Sometimes the police can be over zealous in enforcing the peace, but in the short clip I watched, the officer did what he thought necessary to accomplish that mission. Without seeing what happened before, or after, or knowing what the specific laws are governing that location for demonstrations, that is all I can say about this specific situation.

    Be safe.
    Corruptissima re publica plurimae leges.

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  2. #2
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    Quote Originally Posted by cstone View Post
    Agreed, the lone protester was no worse than the other protesters. The issue is: Do the police have the right to move protesters to more acceptable areas to conduct their right to protest in a peaceful manner? The answer in most jurisdictions is "Yes." The cop told the guy to move over there. For the obvious practical reason, it is easier to move one protester than it is to move a large group of protesters.

    When the one protester refused, the cop moved him. He resisted when he moved back to the area he was told to move away from, and at that point, the officer is justified in moving him into the back of a car.

    My guess is the case was not papered or he was never even booked. Every jurisdiction handles these types of issues differently. Either way, I would guess that there will be no law suit filed by the lone protester, and there will be no settlement against the city. If it did go to court, it would be thrown out because most courts recognize the need for officers to maintain control to avert the possibility of harm to either side.

    Hypothetically, let's say the lone protester remains where he was. The police pull back and the large group surrounds the lone protester so that none of the news cameras or on-lookers can see him. When the group finally disperses five minutes later, the lone protester is laying on the ground, bloody, bruised, and with that sign pole lodged in one of his bodily orifices. In that situation, the lone protester would be quite within his rights to sue the city and the police department for not doing their duty to protect him. Worst of all, unless one of the large group flipped and identified who actually assaulted him, there would be almost no chance that anyone would ever be charged.

    Protests are wonderful when everyone agrees with one another and there is no tension. That almost never happens. Regardless of how the police feel about whatever issue being protested, the police have an obligation and are sworn to protect the peace. Sometimes the police can be over zealous in enforcing the peace, but in the short clip I watched, the officer did what he thought necessary to accomplish that mission. Without seeing what happened before, or after, or knowing what the specific laws are governing that location for demonstrations, that is all I can say about this specific situation.

    Be safe.
    Agree and disagree. The police have to protect the persons involved in that protest, but at no point did I ever feel that either side was in any sort of danger or that any physical violence could have broken out. If there were people threatening violence towards him, or as you described, encircling him with the possibility of escalating violence then I would completely agree with your assessment of the situation. Looking at the video I would say the the arresting officer had a dog in this fight and was not acting in a manner to protect him. He was pushing him out to the side to either shut him up, or create a situation where he could arrest him to get him out of the picture. I doubt any of those dumb old indoctrinated sheeple would have ever started violence and the marine was doing a good job of voicing his intent, and his ideology and that was in no way threatening or what I would consider antagonizing to the point of inciting violence.

    Should he have fought back against the officer after he was relocated? No, that was dumb even if he was right. But I do not see any reason in any of the film displayed that would justify relocating him in the first place.

    If you can consider what he was doing as creating civil unrest and justify arresting him then we are sunk as a nation. If police have the ability to detain someone because they were making someone else unhappy in a public forum, regardless of any criminal charges filed, there is no hope for our country. Any single person should be able to stand up and voice their opinions on anything they choose without fear of being physically detained for their beliefs as long as they do so in a civil manner, do not break standing laws and are not putting themselves or anyone else in danger. I think that this man was doing just that, and even if it makes the dumb mob upset that someone brought a mind capable of rational thought to their dumb fest, then so be it.

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