Controversial encounters between law-enforcement and civilians - the omnibus thread

Yep. Rather unfortunately, most people facing prosecution don’t have the wherewithal for a cognitive psychologist to talk about false memory, etc. even if they or counsel think about it. :slight_smile:

Why many folks didn’t trust the Fergueson grand jury proceedings or the DA who ran them. (Not about Wilson.)

In fact, this particular writer does a lot about police brutality cases both on that site and on his Twitter account.

*… prosecutors failed to prove that Dante Servin acted recklessly, saying that Illinois courts have consistently held that anytime an individual points a gun at an intended victim and shoots, it is an intentional act, not a reckless one. He all but said prosecutors should have charged Servin with murder, not involuntary manslaughter.

Servin cannot be retried on a murder charge because of double-jeopardy protections, according to his attorney, Darren O’Brien.*
Kind of an asshole move, there, removing the defendant permanently from any further prosecution because the DA filed the “wrong” charge.

What happens to Alvarez? Does she have to answer for this misconduct, or does she go merrily about her job?

I’m going to bet that she goes merrily about her job. Someday there might be a letter sent to someone and maybe a couple of phone calls will get made, but ultimately she’ll just retire from “public service” and take a cushy and lucrative private sector job with some people who are big police supporters.

White man and black man, both open carrying the same weapon in the same jurisdiction, each stopped by police. Why can you guess approximately what happened in each case?

It’s cuz the black guy has cornrows. That wouldna happened if he had a regular haircut.

/s

I’ll summarize the video: corrections welcome.

The white guy is approached by a single cop with some sort of protective gear on. They talk: the white guy explains open carry in Oregon. He has an AR-15 and a cameraman.

The black guy walks down the street with the AR15 on his back and is being filmed some feet back by a pregnant woman. A policeman stops, points his weapon at the citizen, successfully orders him to get on the ground. He does so on the street for about 3 minutes I guess, while the cop stands 20 feet away with his gun pointing at the citizen. The pregnant woman is also ordered to the ground.

Backup arrives. The gun is confiscated, the citizen is put in handcuffs and is escorted away. I think there were a total of 4 police vehicles in the end. Given the response, ISTM that the black guy was taking his life into his hands with this action. Less so for the white guy. Controlled experiment, low sample size. What happened is shocking, though I trust nobody in this thread is shocked by this time.

A revealing video. I opine that this experiment can’t be replicated with an adequate sample size due to safety issues.

Looks like the Marion County sheriff. If they did this test in similar locations, it would be easy to get that kind of result, there are small cities around there where people have never actually seen a black guy, it might freak them out. Still, six cars, that is silly, even for a state that banned black people from immigrating as recently as a century ago.

All that said, I should add I don’t have a problem with banning the open carry of AR-15 rifles in urban areas and the vigorous and even handed enforcement of the same. In Oregon however that behavior is apparently lawful.

I tried to track down the provenance of that video without success. So we don’t actually know whether it occurred in the same jurisdiction. Also, the black guy was carrying the AR-15 a little differently; I wouldn’t know whether that makes a legal difference.

I couldn’t find any stories about this on google news.

Not a correction, but note that the cop asks him for ID, which he refuses. That bothers me. If a cop approaches you in you car and demands documents, you show that stuff, why should a firearm be any different? A cop can, at least in theory, pull your car over for a made-up reason, carrying a gun around is legal but you still have a reasonable obligation to co-operate with the police.

Actually, no, when he stands up, you can see his arms are not together.

At the Seattle May-Day thingy, there was a guy in the march who had what looked like a hunting rifle slung over his shoulder. I thought that was pretty dickish, I have no idea why the police would not tell him not to do that. There are times when open carry is just not acceptable, legal as it might be.

I checked the video and you are correct. This is why another set of eyes is helpful.

One more warning. The guy who made the video is on You-tube and goes by the name Willy Upchuck. Mr. Upchuck has posted 3 vids, two of which are compilations. What’s the evidence that the 2 open carry incidents were in the same jurisdiction?

Here’s another video of the event with the African American dude. It was posted Jan 2014. https://www.youtube.com/watch?v=RhSH928N9b8

I see the police brought along a police dog as well. The camerawoman said she was recording for her husband’s safety. Do I count 8 cops? I see that the dude was not put into a cop-car, as far as I can tell: they have a conversation for a while. The last part is out of focus, so it’s difficult to ID a location.

Drivers are required to have “documents.” Pedestrians are not.

Also, presumably, you’re referring to a cop approaching someone during a traffic stop, which is a detention of the driver. Most if not all states require you to honestly identify yourself if you are detained by the police. But if you aren’t detained, you’re free to refuse to identify yourself, or even refrain from interacting with the officer at all. For example, if you’re a passenger in a car that is stopped, you have no duty to interact with the police, and may actively refuse to identify yourself if asked, or simply exercise your First Amendment right to silence. Also, the law is usually that you identify yourself, not that you show a particular identity document. If you are a pedestrian, and end up detained on suspicion of having committed a crime, you are free to identify yourself verbally, even if you have ID paperwork in your pocket and would rather not show it.

The video was a little deceitful. In the intro, he says something about his open carry right in Oregon, but the incident with the black guy took place in Sun Valley Nevada, a suburb of Reno (specifically, at E 7th near Sun Valley Blvd). It would be more reasonable if the test was done in a more similar location, the first part with the white guy looked pretty urban.

It is not clear from the videos that the two incidents occurred in the same jurisdiction.

One wonders how far apart in distance and time they were. I was looking for the green awning building seen in the first video in the second video and the Seven-11 from the second in the first in order to make a geographic connection.

I also noted that the first cop was wearing shorts and the second group of cops was in long trousers. Not sure if they were from the same force. Someone with more observational skills than I needs to compare the two situations.

Nevertheless, this is certainly not a stunt I would recommend anyone try, especially at night when things are less clear.

Holy wtf Batman! :eek:

What in the world warranted that police response???

At the beginning of the video, he says he is testing his constitutional open carry rights “… here in Oregon …”. The location looks like it could be outer east Portland. The second incident absolutely takes place in Nevada, not far from Reno (exactly right here (google maps link)). So, no, probably not the same jurisdiction.

Just able to read the police car door in the first incident: Albany, a city between Salem and Eugene. Note that it is a one-way street with what looks like a bike lane on the left side, which must be either First or Second avenue, but I cannot locate the green awning building (no actual date on the video, there may have been construction since).

Nice detective work eschereal. Ignorance fought again.

Time to state the obvious. There are a fair number of clips from across the country of white dudes with military rifles on their back in public places. If any of them show these guys being forced to the ground and held at gunpoint for several minutes, I’d like to see them. (I did view the Vancouver, WA arrest video of Mack Worley, an attention seeker who disrupted 2 businesses with his antics. Sympathetic articles don’t deny this: they simply don’t mention it. Nor does that fact make its way into his lengthy You-tube description. He just shows himself on a the street, which appears highly misleading. There are many forms of dishonor and cowardice. One of them is moral.)

When they are not forcing armed open carry African Americans to the ground, the great state of Nevada hosts Cliven Bundy and his cavalcade of armed clowns. To refresh memories, Bundy was the criminal who owed grazing fees going back many years and was a hero to Hannity et al until he made some unhinged bigoted remarks against blacks. The BLM backed down to avoid bloodshed. The legalities grind on.

Comparison of the comparison:

The white guy carrying the AR-15 met the constable on First just west of Montgomery in Albany Oregon. This is basically right downtown (it looks like there is a fancy apartment or condo building behind him). Oregon allows open carry unless city restricts or prohibits it – Albany is a town of about 50K, and I recall that it is a sort of rednecky place fairly close to the two big-university towns. It might be worth noting that the guy was on a sidewalk, about an hour or so before sunset.

The black guy was walking west on 7th toward Sun Valley Blvd in Sun Valley Nevada. Nevada allows open carry, does not allow cities to restrict or prohibit it. Sun Valley appears to be a suburb of Reno, probably on the order of a bedroom community. He was walking on a rough (unpaved) shoulder, about midday.

The two locations are about 400 miles apart.