What is wrong with this cop???
Originally Posted by Bighersh
r.
I know it felt good to shut her mouth up... I want to pepper spray my wife sometimes, but, that woudl be wrong.
I know it felt good to shut her mouth up... I want to pepper spray my wife sometimes, but, that woudl be wrong.
Good job Mrs Hersh isn't a member on here
Cajunjosh how would defend this officer actions: http://www.post-gazette.com/pg/06262/722998-53.stm
I cant see why they don't understand why some people are afraid/distrust/dislike cops and what they might do because of situations like the above or other things that they have heard or seen themselves. Just like any officer rightly concerned for their safety when they pull someone over because they have seen or heard of an individual trying to harm one of there own in that situation. The only difference is when an officer does it 99% of the time they will spend zero days in jail and their union will cover for them or in some cases they are fined but the city will pay that fine. When a citizen does it they will be sent to pound me in the a$$ prison or the will be heavily fined and no union or tax dollars will be spent to help them. If the office feels there will be no repercussions for their actions what is stopping them from abusing their power we have entrusted them with.
The same officers who curse the law when it's used against them love to quote it like scripture when they are caught farking up on the job.
I am not just picking on the officers, doctors have been know to do the same thing. Covering for each other when they screw up and it's really a shame that someone that the community holds in such high regards like police officers, doctors, etc make mistakes and then abuse their power by trying to cover for one another.
I cant see why they don't understand why some people are afraid/distrust/dislike cops and what they might do because of situations like the above or other things that they have heard or seen themselves. Just like any officer rightly concerned for their safety when they pull someone over because they have seen or heard of an individual trying to harm one of there own in that situation. The only difference is when an officer does it 99% of the time they will spend zero days in jail and their union will cover for them or in some cases they are fined but the city will pay that fine. When a citizen does it they will be sent to pound me in the a$$ prison or the will be heavily fined and no union or tax dollars will be spent to help them. If the office feels there will be no repercussions for their actions what is stopping them from abusing their power we have entrusted them with.
The same officers who curse the law when it's used against them love to quote it like scripture when they are caught farking up on the job.
I am not just picking on the officers, doctors have been know to do the same thing. Covering for each other when they screw up and it's really a shame that someone that the community holds in such high regards like police officers, doctors, etc make mistakes and then abuse their power by trying to cover for one another.
Originally Posted by Copenhagen848
As much as many of you don't agree....Dr. Franko is absolutely correct.
He had probable cause to believe that she took his money....it was his mistake, but it was still probable cause. If she would have listened to him when she was told she was under arrest, he would have arrested her then evidence (the tape) would have been used in court, and the case would have been dismissed as the officer was wrong.
The bottom line....when a police officer tells you that you are under arrest, you listen, or deal with the consequences.
However, I would have handeled the situation MUCH differently.
He had probable cause to believe that she took his money....it was his mistake, but it was still probable cause. If she would have listened to him when she was told she was under arrest, he would have arrested her then evidence (the tape) would have been used in court, and the case would have been dismissed as the officer was wrong.
The bottom line....when a police officer tells you that you are under arrest, you listen, or deal with the consequences.
However, I would have handeled the situation MUCH differently.
That is exactly what this douche bag tried to pull off, he tried to extort money because of his position of being a cop. I know extort is a very strong word but it is the simple fact played out in this video.
The manager told the cop there is NO $20’s in the register but the cop continued to insist he get his change back for a $20 rather then the $10 he actually handed.
I don’t care who the cop thought he was but he had NO right to do any thing other then to question the manager to check the drawer for a $20. Once there was no $20 the cop was just another civilian and the manager should have told him to get out before he forced him out of his business.
A cop had NO right to do as they please or make false arrest of which he did. The idiot was proven wrong right to his face but continued on with his power trip of being ABOVE the law.
The girl won money because the cop was WRONG and an idiot, he did NOT do his job correctly and NO, cops are not allowed to have bad days because when they do someone could die. This idiot should have been fined and then fired and should have spent at least 30 days in jail…
Originally Posted by Peacemaker
What size are those wheels 01? Did they come stock, or did you buy aftermarket wheels for it? Nice car. Is that what they call Vista Blue?
All right, I'm done with the fourty questions.
All right, I'm done with the fourty questions.

Thanks, and yes its Vista Blue...
Originally Posted by Wild Bill
Yeah, and gave her $60k of taxpayer's money.
Thye should have taken it out of HIS wages.
Thye should have taken it out of HIS wages.
Originally Posted by Bighersh
I'd have settled for $100,000.00
But, maybe Jim Adler, the tough, smart, lawyer, could have gotten me a cool million. Dude was flexing. She got beliggerent, he lost control and pepper-sprayed her.
I know it felt good to shut her mouth up... I want to pepper spray my wife sometimes, but, that woudl be wrong.
But, maybe Jim Adler, the tough, smart, lawyer, could have gotten me a cool million. Dude was flexing. She got beliggerent, he lost control and pepper-sprayed her.
I know it felt good to shut her mouth up... I want to pepper spray my wife sometimes, but, that woudl be wrong.
__________________
Jim
Jim
Originally Posted by InfiniteMhz
Cajunjosh how would defend this officer actions: http://www.post-gazette.com/pg/06262/722998-53.stm
Originally Posted by CajunJosh
If and only if that side of the story is 100% true then I wouldn't for a minute defend the actions of that officer, but based on that article I would have to say there must have been more to the story, I would like to see a video (impartial witness) but based on that story alone the guy is nuts.
I still think he is wrong but putting Cajun in the position to defend every cop is unfair.
The cop was wrong. Period. For $10 bucks the cop should have complained to the manager. He very well could have been refunded for his lunch. He came across like he had an agenda though. Now every cop in that city can't go to the fast food place cause their food will be spit in.
It is best to co-operate with the law.
If I had been that clerk, I would have stated my innocence then let him slap cuffs on me and arrest me. I would then suggest that he simply rewind the tape and look at it. If he still thought there was some sleight-of-hand going on I would have consented to being searched and no $20 would have been found.
...of course, at that point I would get busted for Possession.
Hey, I never said pot makes you smart.
If I had been that clerk, I would have stated my innocence then let him slap cuffs on me and arrest me. I would then suggest that he simply rewind the tape and look at it. If he still thought there was some sleight-of-hand going on I would have consented to being searched and no $20 would have been found.
...of course, at that point I would get busted for Possession.

Hey, I never said pot makes you smart.
Last edited by Raoul; Sep 19, 2006 at 01:06 PM.
I just gotta reply.
CajunJosh gave a good explanation of what happened from a legal standpoint. Whether you like it or not is irrelevant. Strictly speaking legally the officer acted within his purview. As others have stated there are many things I would have done differently. As soon as the officer stated the girl was under arrest she has to comply, period, end of story. Any further resistance, verbal or otherwise is another charge. She did physically resist when she pulled her hand away from the officer. Whether or not the officer decides to charge the person with it is a different matter. Contrary to what some have posted when an issue falls under the responsibility of the police they ARE in charge, period. If you don't like blame the civil trial lawyers, they made it that way by suing over stupid things.
I have said it many times the worst thing to do is argue with an officer on scene. Look at the different scenarios. The officer is a dipsnit, billy bad a$$, you will lose, probably painfully. The officer is a good officer. As soon as you start arguing you will lose, probably less painfully. Asking questions is not arguing. If it is a bad arrest, the case will be thrown out, probably before it goes to court. Just because a suspect does not get convicted does not mean the arrest was bad.
Just because a jurisdiction settles a lawsuit does not mean they are admitting any guilt. One agency near where I worked would essentially pay $50,000 to anybody involved in a crash with one of their deputies. You had to go talk to a lawyer and have them do your negotiating, but it was essentially the lawyer talked to the dept, they offered the money, the lawyer receives 10,000 for a couple hours work, you get 40,000. It did not matter who was at fault. Many agencies are strapped for money, so if they are able to settle out of court for less than it would cost to pay the lawyers then they will settle. That is probably how she "won" the money while the officer was exonerated. Lawyers do not have the best interest of the city in mind they have their own pocketbooks in mind. A lot of cities do not have a lawyer on staff. Many hire one in private practice and are billed hourly.
CajunJosh gave a good explanation of what happened from a legal standpoint. Whether you like it or not is irrelevant. Strictly speaking legally the officer acted within his purview. As others have stated there are many things I would have done differently. As soon as the officer stated the girl was under arrest she has to comply, period, end of story. Any further resistance, verbal or otherwise is another charge. She did physically resist when she pulled her hand away from the officer. Whether or not the officer decides to charge the person with it is a different matter. Contrary to what some have posted when an issue falls under the responsibility of the police they ARE in charge, period. If you don't like blame the civil trial lawyers, they made it that way by suing over stupid things.
I have said it many times the worst thing to do is argue with an officer on scene. Look at the different scenarios. The officer is a dipsnit, billy bad a$$, you will lose, probably painfully. The officer is a good officer. As soon as you start arguing you will lose, probably less painfully. Asking questions is not arguing. If it is a bad arrest, the case will be thrown out, probably before it goes to court. Just because a suspect does not get convicted does not mean the arrest was bad.
Just because a jurisdiction settles a lawsuit does not mean they are admitting any guilt. One agency near where I worked would essentially pay $50,000 to anybody involved in a crash with one of their deputies. You had to go talk to a lawyer and have them do your negotiating, but it was essentially the lawyer talked to the dept, they offered the money, the lawyer receives 10,000 for a couple hours work, you get 40,000. It did not matter who was at fault. Many agencies are strapped for money, so if they are able to settle out of court for less than it would cost to pay the lawyers then they will settle. That is probably how she "won" the money while the officer was exonerated. Lawyers do not have the best interest of the city in mind they have their own pocketbooks in mind. A lot of cities do not have a lawyer on staff. Many hire one in private practice and are billed hourly.
Originally Posted by vader716
Besides that is off the topic...he isn't defending every cop he is defending this cop.
I still think he is wrong but putting Cajun in the position to defend every cop is unfair.
I still think he is wrong but putting Cajun in the position to defend every cop is unfair.
Originally Posted by CajunJosh
I'm not even saying this one was right professionally just legally. I think he could have been more professional and I also think that clerk could have had alot more tact when dealing with the situation.
Originally Posted by CajunJosh
Guess I’ll offer my .02, but if you are going to argue please read my entire post. I’m not going to go over my opinions, just simply go over some facts that some may be overlooking.
1. The whole Minor thing has absolutely nothing to do with anything. Just the other week we had a 15 year old punch another kid in the face simply for making fun of him, when that kid fell to the ground he kicked him in the head, then when an officer went to break it up the kid punched the officer in the face. Minors are just as capable as adults when it comes to criminal acts and the use of force continuum does not differentiate between adults or minors.
1. The whole Minor thing has absolutely nothing to do with anything. Just the other week we had a 15 year old punch another kid in the face simply for making fun of him, when that kid fell to the ground he kicked him in the head, then when an officer went to break it up the kid punched the officer in the face. Minors are just as capable as adults when it comes to criminal acts and the use of force continuum does not differentiate between adults or minors.
The whole point of saying she is a minor was that police departments commonly have established policies which must be adhered to before questioning of a minor can take place. Usually this consists of parental/guardian notification and/or permission. Sure, he can arrest her, but prior to questioning her he'd have to follow his departments policy.
I was a cop in the military, and even there we had this type of policy in place. I don't know what policies his department has regarding minors, but I'd be surprised if there were none at all. Can you detain/arrest/question/do as you please with minors without any additional steps?
Several states have adopted an “interested adult” rule. Under the rule, no juvenile can be deemed to have voluntarily, knowingly and intelligently waived his or her privilege against self-incrimination and his or her right to counsel (the typical Miranda warnings) without first being provided the opportunity to
consult with, and have present at interrogation, an adult who is informed of the juvenile’s rights and is interested in the juvenile’s welfare.
2. You have a large cop and a pretty large girl. Should she have been sprayed? Don’t sit there and Monday night quarterback the scenario. At that time the officer genuinely believed she had taken a $20 and given back change for a $10 and pocketed the rest. The officer decides that based on what he is sure is a theft at the time he is going to take her into custody. He tells her repeatedly you are under arrest and he tells her exactly what she is under arrest for. We don’t even do that half the time, not because were trying to be smart asses but were not going to give the person the chance to argue while were trying to put them in cuffs. It’s safer for us and safer for them, we can talk once the person is safely detained. Back to the subject of the spray, after repeatedly telling her she did not comply by putting her hands behind her back, she argued and argued with him. Granted she had no where to flee but the simple fact is that she was not physically complying with orders given at the time.
When he first approached her he says: "Where's my money?" Later he tells her: "You got my money." All he tells her about the arrest part is: "You're under arrest, you're coming with me." Never did he tell her what she was under arrest for. If a person questions what they are under arrest for, he is legally required to tell them. Not that she asked him directly, but he didn't tell her what for (as you stated he did). Before he sprays her, once again he says: "Somebody's got my money." At this point he isn't even accusing her directly of having it.
After repeatedly telling her she did not comply by putting her hands behind her back? He didn't tell her that either. You sound just as mixed up with the video as he was with the $20
He asked her to "come out to the car" with him and "you're coming with me" several times. He did not tell her to put her hands behind her back.




