Off duty police officer tries to arrest patron at bar and gets arrested

[aceplace57]

I wasn’t sure what the cop wanted. Was the woman supposed to stay on the floor or remain standing up? She ended up kind of half way in between getting jerked up by her arms. I know it must of hurt a lot.

That was the cops fault. He just didn’t make it clear what he wanted from her. I didn’t see any reports of him calling 911? The people in the bar called 911. What a mess. Glad he got canned.

[Magiver]

@Muffin

The reasons for bar fights are varied and many. The commonality is that someone was drunk and got violent, as in the matter at hand with the drunk cop wannabe.

Best to call the police.

Calling the police is presumed but in the mean time a person is being assaulted. Pretend it’s you getting your arm twisted into a pretzel.

[UltraVires]

This is Exhibit A for the reasons that states should not be getting rid of the common law right to resist an unlawful arrest with appropriate force. In most states, had this young lady turned around and hit this “police officer” she could be charged, even when all of the relevant facts came to light.

An unlawful arrest is not only a battery, but it is a battery done under color of law with the seeming approval of the state. It is far worse than a battery. If a person can defend themselves from a battery, there is no reason why she shouldn’t be able to defend herself from this more heinous act. Who knows? This guy might have raped her later on.

[Loach]

@Martin_Hyde

I’m not sure it’s really appropriate to call the guy a cop/police in the first place. Have we found out what department he is with? For example around here there are Sheriff deputies I consider to be actual police. They are sworn law enforcement officers with arrest powers generally anywhere in the State (although they are not State Police, so they would not generally supposed to be out doing LEO tasks in other counties)–and that is what I understand a cop/police officer to be, someone who has “general arrest powers” and who is an actual sworn officer.

We also have court officers who are actually part of the sheriffs department, but they are strictly responsible for security inside the court buildings and transporting prisoners inside the complex and etc. They cannot legally arrest me or detain me out on the streets. I would not consider them to be police/cops.

One cite I saw stated that he was a Class III officer that worked for the county Sheriff’s Office. His responsibilities were to transport prisoners. I gathered that he wears a gun and a badge while on duty and has arrest powers then too. But not off duty.

Like I said before these things vary greatly from state to state. Here all our court officers are County Police. They are fully trained and accredited as police officers. They have full time police powers. They can also move around in their jobs. This year someone may be working in the courthouse. Next year maybe he is on the county drug task force or the fugitive squad.

[lawbuff]

@Martin_Hyde

I’m not sure it’s really appropriate to call the guy a cop/police in the first place. Have we found out what department he is with? For example around here there are Sheriff deputies I consider to be actual police. They are sworn law enforcement officers with arrest powers generally anywhere in the State (although they are not State Police, so they would not generally supposed to be out doing LEO tasks in other counties)–and that is what I understand a cop/police officer to be, someone who has “general arrest powers” and who is an actual sworn officer.

ARREST authority is derived from law.

For instance, in Ohio, even the Ohio Highway Patrol has NO general Criminal law Jurisdiction off of state property, although they possess the same power of “search and seizure” as other Peace Officer’s, thier arrest power is limited.

NOW, I am not talking about TRAFFIC law jurisdiction, they have that on any road, highway. If the traffic offense is arrestable under state law, they can arrest for it, or cite if non arrestable, which most traffic offenses in Ohio (under state law) are.

There was a ruling by the OSC about 8 years ago, at odds with statutory law, that said if a traffic offense is comitted in front of any officer, from ANY jurisdiction, they can cite for it.

A County is a “subdivision” of a state, so Sheriff’s and Deputie’s only have Jursisdiction inside thier respective counties, absent what I just mentioned.

[Zsofia]

We went to that Buffalo Wild Wings Saturday and sat out on the patio - we considered reenacting the video for our anniversary but decided upon discretion.

[Magiver]

@jtgain

This is Exhibit A for the reasons that states should not be getting rid of the common law right to resist an unlawful arrest with appropriate force. In most states, had this young lady turned around and hit this “police officer” she could be charged, even when all of the relevant facts came to light.

An unlawful arrest is not only a battery, but it is a battery done under color of law with the seeming approval of the state. It is far worse than a battery. If a person can defend themselves from a battery, there is no reason why she shouldn’t be able to defend herself from this more heinous act. Who knows? This guy might have raped her later on.

Given that video I would hate to be an officer or an agency that closed ranks over this. Poorly written laws make poor shields against public opinion.