Sep. 18th, 2007

drewkitty: (Default)
Here's a verbal transcript.

The two Florida cops contact the student from behind (which is not bright) on the direction of a man wearing a suit. Suit-wearer sees the camera and steps out. Then Suit dashes back in to take the mike.

Once the officers have gone hands-on, and he resists, it's ON. The power-drive to get him to the back of the auditorium is good. This is what police sergeants are for. :)

The student tries to break contact (which is unlawful!) and says repeatedly, "I'm being arrested! What did I do? What did I do?"

Finally one of the officers states briefly, "You're under arrest."

Them are the magic words. Further resistance is now highly illegal.

He is told to put his hands behind his back and that he will be Tased if he does not comply. I heard two warnings, one male voice, one female. Not only does he fail to comply with the command, arguing that he did not do anything, but he continues to physically resist and turns around in the grip of the four (!) officers on him. He says, "Don't tase me, man." He is then Tased.

Once they cuff and perp-walk him, they have to issue "Stay back!" commands to the increasingly upset crowd.


So we've got the good news and the bad news. Once police make contact, the use of force is reasonable and proper and lawful -- assuming that they had a good reason to go hands-on.

The bad news is that the police officers have no cause, nor have they articulated a cause, to take any action towards him whatsoever. They went straight to hands-on without verbal commands or an explanation of their actions.

For the record, it is well within police authority to remove a disorderly person or a trespasser from a public gathering. But first you have to tell him to leave!

No one told this young man to leave.

So I count two charges of simple battery with a Federal enhancement of unlawful use of force under color of authority, with intent to violate civil rights (a felony). I'd also like to know Mr. Suit, because if he's a Federal officer I'd like to wipe my ass with his badge.

A clearer use-of-force free speech case has yet to be argued.

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