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Old 09-21-2007, 07:28 AM   #81 (permalink)
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Originally Posted by The_Jazz
The responsibility for those that aren't being obedient doesn't seem to matter to me. The responsibility lies with the officer. If the disobedient aren't cooperating and they aren't a threat to themeselves or others, I don't see why an escalation to taser use is appropriate under any circumstances. Again, if there were a gun or knife, things would be different; they weren't.

Those who are practicing civil disobedience have the responsibility to protect themselves from harm. If they choose to ignore that responsibility and, for example, get chopped up in the propeller of Lucifer's ship when they fall off, then the only responsible party is the protester.

It seems to me, Cyn, that you're arguing that two wrongs make a right in this case, and I just can't accept it. Yes, the guy was a rude asshole and was warned that he would be tased if he didn't comply. Yes, the police were wrong for escalating to that level of force. All that does is make everyone involved wrong. The guy was punished with the tasing. What about those who shot the darts and those that ordered it?
I'm not arguing that two wrongs make a right. I'm wondering at what point the line is drawn. Since I can easily state being in a crowded theater reading any political activist book and as being civilly disobedient. I'm well within my protected first amendment rights according to what I'm understanding here.

So at what point do I the innocent bystander have to tolerate this disobedience? At what point do those person's rights of not having to put up with his crap, AND the crappy response by the police. In short, it takes ONE asshole to ruin it for everyone, and then everyone suffers ad infintum because of it.

He was well within his rights of first amendment to stand outside the hall and shout to the high heavens his opinons. He had no established right to stay inside the building after being told to leave.

People seem to think that first amendment rights means that they can say what they want WHERE they want.
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Old 09-21-2007, 07:35 AM   #82 (permalink)
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Innocent bystander?

Since when did inconvenience become such a horrendous burden for people to bear?

I think when people start thinking in these kinds of terms the time is ripe for civil disobedience.
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Old 09-21-2007, 07:44 AM   #83 (permalink)
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So at what point do I the innocent bystander have to tolerate this disobedience? At what point do those person's rights of not having to put up with his crap, AND the crappy response by the police. In short, it takes ONE asshole to ruin it for everyone, and then everyone suffers ad infintum because of it.
Welcome to the slippery slope. Please watch your step.

Once he's inside, he's got every right to be heard. If it's a "controlled" venue, with a proper place designated, then he's in the wrong by being outside of that area.

The innocent bystander? They have the right to tune him out. They can't silence him.

Problematic, eh?
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Old 09-21-2007, 07:48 AM   #84 (permalink)
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He resisted arrest here. If a cop arrests you go with it. If you believe the cop is wrong in arresting you let him arrest you and then sue the department for false imprisonment or other violations. But don't resist them. These officers fought to get him in handcuffs and he kept resisting. The cops were within their right to do this and I am confident they will be cleared as a result of the investigation.
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Old 09-21-2007, 07:58 AM   #85 (permalink)
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He resisted arrest here.
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Originally Posted by Willravel
He wasn't being arrested. He committed no crime.
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Old 09-21-2007, 08:00 AM   #86 (permalink)
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Originally Posted by The_Jazz
Welcome to the slippery slope. Please watch your step.

Once he's inside, he's got every right to be heard. If it's a "controlled" venue, with a proper place designated, then he's in the wrong by being outside of that area.

The innocent bystander? They have the right to tune him out. They can't silence him.

Problematic, eh?
Yeah I'd like to order spiderman super sticky boots please.

From what I've read he barged in front of others who also had a right to be heard. People who were in line and orderly. He's trumped their rights by cutting in front of them, and then causing a disturbance which distrupted the rest of the questions presented from what I can hear in the background audio. So his civil disobedience rights, trump their rights? Or like the innocent bystander, they have the right to stand there and not be heard? Further when time is over, but someone still hasn't been heard, then what?
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Old 09-21-2007, 08:03 AM   #87 (permalink)
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As soon as the authorities (school officials) ask him to leave, he's trespassing. He may have a right to political speech, but he doesn't have a right to trespass.
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Old 09-21-2007, 08:04 AM   #88 (permalink)
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Yeah I'd like to order spiderman super sticky boots please.

From what I've read he barged in front of others who also had a right to be heard. People who were in line and orderly. He's trumped their rights by cutting in front of them, and then causing a disturbance which distrupted the rest of the questions presented from what I can hear in the background audio. So his civil disobedience rights, trump their rights? Or like the innocent bystander, they have the right to stand their and not be heard? Further when time is over, but someone still hasn't been heard, then what?
What I read was that John Kerry was answering the last question when this guy approached the microphone.
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Old 09-21-2007, 08:09 AM   #89 (permalink)
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What I read was that John Kerry was answering the last question when this guy approached the microphone.
OP states second sentence:
Student Andrew Meyer barged to the front of the line to ask Senator Kerry a question.

other news coverage state similar, so barging/cutting whatever you like to call it.

what I was referring to "and then causing a disturbance which distrupted the rest of the questions presented from what I can hear in the background audio" is for the Q&A during and after the incident. You can see from multiple footage that people are distracted by the incident including Mr. Kerry.
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Old 09-21-2007, 08:12 AM   #90 (permalink)
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Originally Posted by ubertuber
As soon as the authorities (school officials) ask him to leave, he's trespassing. He may have a right to political speech, but he doesn't have a right to trespass.
But he was defying on the basis that he believed he had the right to ask the questions. I don't think anyone is denying that they had the right to remove him from the event, the issue is whether they had the right (or should have the right) to taser someone who was not a danger to himself or others.
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Old 09-21-2007, 08:17 AM   #91 (permalink)
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But he was defying on the basis that he believed he had the right to ask the questions. I don't think anyone is denying that they had the right to remove him from the event, the issue is whether they had the right (or should have the right) to taser someone who was not a danger to himself or others.
From the other youtube videos I've watched as a response to this posting, there are people up in arms about the fact he was removed.
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Old 09-21-2007, 08:18 AM   #92 (permalink)
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http://www.alligator.org/articles/20...rrestbreak.txt

Quote:
Andrew Meyer, a telecommunication senior, yelled out to Kerry, a Democrat from Massachusetts, and insisted his questions be answered while police tried to restrain him.

Meyer shouted that the senator should answer everyone’s questions. Kerry was brought to UF by Accent, Student Government’s speakers bureau.

Kerry said it would "be fair" to answer Meyer’s question, and police allowed Meyer to approach one of the microphones set up in the University Auditorium.

Kerry finished answering a previous question, which was intended to be the last question for the forum at about 1:30 p.m.

During Meyer’s question, his microphone was cut off, and police tried to move him away from the microphone. Steven Blank, Accent’s chairman, said Meyer was cut off because he used profanity and his question was too long.
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Old 09-21-2007, 08:20 AM   #93 (permalink)
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Originally Posted by Cynthetiq
From the other youtube videos I've watched as a response to this posting, there are people up in arms about the fact he was removed.
I don't think we have any of those people here. If we do, they're noticiably silent on that particular issue.

If he were making farting sounds with his hands and had been removed, I don't think that there would be any sort of protests similar to what you're describing. That would be the same protected speech, interestingly enough, albeit low-class, low-humor speech.

My big problem is the tasering here, not the removal of a disruptive individual.
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Old 09-21-2007, 08:25 AM   #94 (permalink)
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The_Jazz: Indeed, that's the entire reason I thought this event was thread-worthy.

I think there is general, although not universal, agreement that the end game of the scenario is over the line. The discussion points, to me, lie in exactly at what point the situation went over the line, why it did so, and how it could have been avoided.
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Old 09-21-2007, 08:34 AM   #95 (permalink)
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thanks mm, a bit better context, and nice that Mr. Kerry did continue to answer the question.

ub, I guess the question is ultimately how do you deal with real life trolls. There's no ban stick or moderation delete button.
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Old 09-21-2007, 08:40 AM   #96 (permalink)
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i do think this is interesting, as mixed and jazz have referred in some way, to the points made in lucifer's thread on the greenpeace incident. what message does this send? what message does it send that some of us condone the use of tasers to subdue a non-complying student at a political speech?

is it only police officers / security guards who have this right to tase for noncompliance? should parents be allowed to tase unruly kids, or school administrators tase students?

to answer your question cyn, and i guess it echo's jazz: i hold the police / security to a higher standard than i hold a student at a political rally. i expect the police to be smarter than this. i expect them to be better trained.

as for the responsibility of the non-compliant...when did the law become that we had to become compliant? what the fuck does that even mean? he wasn't breaking any laws, under what legal right was he removed and tased? trespassing? disorderly conduct? inciting a riot? i think these are the interesting questions, personally.

edit: just saw the bit on trespassing and so forth. that actually strikes me as odd...that a student at a university can be trespassing on school grounds, but i guess so. i still think he has the right to protest that removal, and that the appropriate response is not a taser in the ass.
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Old 09-21-2007, 08:49 AM   #97 (permalink)
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edit: just saw the bit on trespassing and so forth. that actually strikes me as odd...that a student at a university can be trespassing on school grounds, but i guess so. i still think he has the right to protest that removal, and that the appropriate response is not a taser in the ass.
Not only that, but being asked to leave the building by a few guards doesn't necessarily means the owner of the land is saying you cannot be on the property. I think calling it trespassing is asking a lot, almost as much as disturbing the peace. The police were the ones disturbing the peace by using excessive force. BTW, it's not unreasonable to yell when you're being tased.

BTW, if someone shot me with a microwave weapon, they would melt my artificial aorta and would be directly responsible for my death. I'd hardly call a microwave weapon non-lethal.
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Old 09-21-2007, 08:52 AM   #98 (permalink)
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Actually Will the second he was asked to leave and he refused he could have been arrested for a number of things (like trespassing). When he fought with the police trying to remove him he broke more laws thus they could arrest him. When the tried to cuff him he continued to resist thus he resisted arrest.

In the end was he arrested? Yes. Did he resist? Yes. Thus he resisted arrest.
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Old 09-21-2007, 09:02 AM   #99 (permalink)
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Actually Will the second he was asked to leave and he refused he could have been arrested for a number of things (like trespassing).
He was asked to leave by police officers, speaking on behalf of.... no one. If a police officer is at my friend's house and asks me to leave, I get to tell him to go fuck himself. It's when my friend, the home owner, asks me to leave and I don't leave, that I'm trespassing.
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When he fought with the police trying to remove him he broke more laws thus they could arrest him. When the tried to cuff him he continued to resist thus he resisted arrest.
They weren't arresting him, they were escorting him off the primacies.
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In the end was he arrested? Yes. Did he resist? Yes. Thus he resisted arrest.
In the end he was arrested, long after he was repeatedly tased for speaking out of turn. He didn't resist arrest.
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Old 09-21-2007, 09:06 AM   #100 (permalink)
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The police where there on behest of the people running the event. The people running the event gave them the authority to remove people from the premises. A better analogy would be if your friend called the police asking them to remove you from his property and you told the police to fuck off.
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Old 09-21-2007, 09:09 AM   #101 (permalink)
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Just watched the vid again. Those don't look like cops, they look like campus security, which means while they were acting on behalf of the campus, they also committed assault.
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Old 09-21-2007, 09:17 AM   #102 (permalink)
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Just watched the vid again. Those don't look like cops, they look like campus security, which means while they were acting on behalf of the campus, they also committed assault.
I don't know how it is in Florida, but here the University security are police officers, though they may not always carry a gun. This was a private event (you had to have tickets to get int) and the "authorized security" asked him to leave. He refused. Try doing that in a night club sometime when a bouncer asks you to leave and see what happens to you.

The cops did not assault him, in my opinion they were lawfully removing someone from a private event who was illegally trespassing. Hell if we lived in the land that DK envisions these guys could have shot to kill legally.
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Old 09-21-2007, 09:19 AM   #103 (permalink)
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Originally Posted by willravel
He was asked to leave by police officers, speaking on behalf of.... no one. If a police officer is at my friend's house and asks me to leave, I get to tell him to go fuck himself. It's when my friend, the home owner, asks me to leave and I don't leave, that I'm trespassing.

They weren't arresting him, they were escorting him off the primacies.

In the end he was arrested, long after he was repeatedly tased for speaking out of turn. He didn't resist arrest.
sorry will, that's a bunch of horseshit. REPEATEDLY? Did we watch the same video? I see ONCE. From the footage of the two videos I have seen of this that have been posted in this thread.

Quote:
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Just watched the vid again. Those don't look like cops, they look like campus security, which means while they were acting on behalf of the campus, they also committed assault.
Assault? Again a far stretch I believe. If that is the case then they would not ever have been given an instrument like a taser. This isn't your rent-a-cop mall security where I'd agree, since they are still considered non police.
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Old 09-21-2007, 09:31 AM   #104 (permalink)
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sorry will, that's a bunch of horseshit. REPEATEDLY? Did we watch the same video? I see ONCE. From the footage of the two videos I have seen of this that have been posted in this thread.
I know you don't intend to be rude, but how can you write "sorry will, that's a bunch of horseshit." and expect to think that's just discussion?

I see twice. Once, then another right after.
Quote:
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Assault? Again a far stretch I believe. If that is the case then they would not ever have been given an instrument like a taser. This isn't your rent-a-cop mall security where I'd agree, since they are still considered non police.
He didn't present a physical risk. He was a nuisance. They tased him.
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Old 09-21-2007, 09:46 AM   #105 (permalink)
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I know you don't intend to be rude, but how can you write "sorry will, that's a bunch of horseshit." and expect to think that's just discussion?

I see twice. Once, then another right after.

He didn't present a physical risk. He was a nuisance. They tased him.
Because it is part of the discussion calling you on the bullshit being espoused. (better if it's not horseshit?)

at :25-:24 of the OP video is the burst of the taser sound being utilized. It sounds like a ratchet. It doesn't happen a second time. The same sound is heard in the UK Your interpretation is that it is UK Greater Manchester Police Chief being tasered corroborates the sound.

Again, I don't see repeated and ask you to please verify your claim.
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Old 09-21-2007, 12:57 PM   #106 (permalink)
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It seems like we're trying to stage battles on ground just because we don't want to concede anything to people who disagree with us.

I did an extremely small amount of fact checking. The people in the video are in fact from the University of Florida POLICE Department. The UFPD employs 89 sworn and certified law enforcement officers. That means they are authorized to carry lethal arms (but may or may not depending on department policy), can arrest people, have investigatory authorities, and depending on the state, may even serve warrents.

So, these guys are the real deal. They are authorized to use force, arrest, and detain you depending on the circumstance. They are also agents of the school, and as such can ask you to leave the premises. I can tell you that in my role working for a public school in NYC, I utilized the Public Safety officers on several occassions to remove students from the premisis. That's not an everyday occurence, but it's also in no way a remarkable one.

You can argue about whether these were appropriate decisions under the circumstance, but let's acknowledge the verifiable facts of the situation.

University of Florida Police Department
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Old 09-21-2007, 02:04 PM   #107 (permalink)
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Thank you ubertuber.

willravel: I'm generally on your side here - I think the taser was excessive - but you're not helping the argument by claiming he was tased "repeatedly (you are the only person, across discussions on 4 sites that I've had, and any report that I've read, that has made that claim).
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I think there is general, although not universal, agreement that the end game of the scenario is over the line. The discussion points, to me, lie in exactly at what point the situation went over the line, why it did so, and how it could have been avoided.
I think it went over the line the minute the officers grabbed him by the arm and started trying to drag him out of there. Not because they didn't have the right to, but because it wasn't clearly necessary. Police officers need to be careful not to be the cause of escalation, and here they were not (careful; they were the cause). If you watch the video, you'll notice he gets upset over having his mic cut (though not, in any way, upset enough to be considered a threat to anyone). He steps away, expresses his anger for a bit, and he looks like he's about to settle down and just let Kerry answer the questions he asked. He doesn't get a chance to settle down, though, because the officers almost immediately step in at that point. They didn't bother waiting to see if cutting the guy's mic would deal with the situation well enough, and that is something they should have done.
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Old 09-21-2007, 02:12 PM   #108 (permalink)
 
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never mind---thinking about this makes me realize my memory is not always as sharp as i think it is.
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Old 09-21-2007, 02:18 PM   #109 (permalink)
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I don't know about some of the other angles, but the initial footage is from a camera that Andrew Meyer (the student) gave to another student at the forum (who he didn't know) to film him asking the question. The police are not behind this footage getting out. That said, I don't think him wanting his question taped is any indication whatsoever that he planned for this to happen, and I don't particularly trust some of the assertions made in the police report.

EDIT: and then roachboy had to edit his post Well, I'll leave this here anyway, in case the info is relevant for anyone else
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Old 09-21-2007, 03:21 PM   #110 (permalink)
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You know who shoulda' been tased? That lady screaming "Why? Why are you doing this?!?!?!" Seriously, though, this guy (Just like that dumb ass at UCLA) got what was coming to him. It's apparent that his whole intent was to stir up some kind of controversy and he got just what he wanted.
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Old 09-21-2007, 03:57 PM   #111 (permalink)
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You know who shoulda' been tased?
Urban Meyer. Quickly followed by Tim Tebow. And possibly followed by the entire Gator offense. And maybe by my brother-in-law, but that's a separate discussion....







In all seriousness, I find myself completely agreeing with SMeth. The officers escalated this incident to an unacceptable level. The "why" lady simply commented on that.
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Old 09-21-2007, 04:00 PM   #112 (permalink)
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Quote:
Originally Posted by The_Jazz
I will say, though, that while you may feel that disturbing the peace is a catchall charge for the police, I think we saw an example of it on tape. If nothing else, I expect you'll agree with me that he was being rude.
There are perfectly good examples of DTP and DC that are quite legitimate as far as charges go. What gets my riled is when I encounter an officer who knows they jacked up and have nothing else so they get all full of attitude and start talking DTP and DC because thats all they have left, even if its not legit.
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Last edited by dksuddeth; 09-21-2007 at 04:25 PM..
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Old 09-21-2007, 04:03 PM   #113 (permalink)
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So if that tool is available for non-lethal use of force, what is an appropriate usage? what are the parameters you are comfortable with?

I'm comfortable with the UCLA situation, and for the most part from what I've seen and read, this situation. If new information unfolds and comes forward, I may change my mind, but as it stands, I find the officers behavior an acceptable and reasonable amount of force.
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Old 09-21-2007, 04:05 PM   #114 (permalink)
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Quote:
Originally Posted by Cynthetiq
What about WALKING out as requested versus a tasing? Person was told if you don't move, you will be tased.

Isn't there some responsibility to the person being as will uses "civilly disobedient?" Or is their disobedience absolving them from any responsibility of their actions?
what you're suggesting is that the taser should be used for non-compliance, not to subdue those that resist arrest. Personally, thats dangerous ground and is asking for deadly escalations in the future.

Quote:
Originally Posted by Rekna
The cops did not assault him, in my opinion they were lawfully removing someone from a private event who was illegally trespassing. Hell if we lived in the land that DK envisions these guys could have shot to kill legally.
uh, I don't think so. If you truly think that I believe the world should be that way, then you haven't been paying close enough attention to my posts.
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Last edited by dksuddeth; 09-21-2007 at 04:15 PM.. Reason: Automerged Doublepost
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Old 09-21-2007, 07:23 PM   #115 (permalink)
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It basically runs down like this in my view.

Student: Moronic attention seeker hoping to god he'd become internet-famous by heckling John Kerry.

Rent-a-cops: Caught up in trying to justify their authority by tasing someone who didn't warrant it just because he had the balls to not do exactly what they said. How dare he not subjugate himself immediately to their authority.

Us: Engaging in a lot of hyperbole and conjecture with seemingly very little fact-checking.

We're all doomed.
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Old 09-22-2007, 06:18 AM   #116 (permalink)
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cyn: as jazz more or less said: i'm comfortable with the use of a taser in a situation where the officer reasonably feels that the person in question represents a credible danger to himself or others.

i am not comfortable with it to remove a nuissance or non-compliant person.

i also think that its a little interesting that this occurred on a college campus. if there is one place you'd think that an unruly, politically motived youth would be expected...it's on a college campus. that magical place where you go to believe in fairness and unlimited potential and puffy clouds and rainbows...before your ass gets slammed to the turf the day you start a real job.
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Old 09-23-2007, 06:13 AM   #117 (permalink)
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Quote:
Originally Posted by pig
cyn: as jazz more or less said: i'm comfortable with the use of a taser in a situation where the officer reasonably feels that the person in question represents a credible danger to himself or others.
not just directed at you pig, but to those who don't think it can or should be used as a tool for compliance like a pr-24/baton.

Quote:
Fla. Man Says He Was Tasered Over Quran
LINK

OCALA, Fla. (AP) — Four police officers are under investigation after a man accused them of using a Taser on him three times when he wouldn't take his hand off a Quran hidden under his shirt, a police spokesman said Friday.

Jeffrey Shields, 49, of Ocala, filed a complaint with the Ocala Police Department alleging an officer used a Taser to force him to hold up his right hand, police spokesman Lou Biondi said.

In a complaint filed Tuesday, Shields said he did not want to raise his right hand from under his shirt because he did not want to drop the Quran, but the officers said they could not tell what he was holding, Biondi said.

"The officers didn't have a clue what he had under there, regardless of what he was saying," he said.

Officers were dispatched to the scene on Aug. 31 after authorities received tips that a man matching Shields' description was armed with a gun and stashing drugs inside a book, Biondi said. Neither drugs nor a gun was found after the incident.

Shields was shocked with the Taser for 15 seconds before he removed his hand from the book, Biondi said. He filed the complaint against four officers __ Phil Hazel, Doug Russell, Bernard Smith and Jamie Buchbinder — though no police records show Russell was on the scene when the Taser was deployed, Biondi said. All four will remain on duty while the incident is reviewed.

"It is odd that he waited so long to file a complaint, 19 days or so," Biondi said. "Normally when people feel they've been wronged, it's something that happens almost immediately."

A phone number for Shields could not be located.

Biondi said a police dashboard camera did not capture the incident.

Shields was initially given a court notice for resisting arrest without violence, Biondi said, but charges were dropped at his Sept. 10 appearance.
for the safety of the officer? or just because well, he wasn't complying and shouldn't be subject to potentially dropping the quran. I'm sure it could have easily been resolved as him stating that he was slowly pulling out his right hand WITH the quran in it since he didn't want to drop it. Of course maybe he was too scared shitless to think about anything else.

Again, I state that officers should be allowed and expected to utilize tools that fit the situations appropriately and since this new ubiquitous technology is finally distributed far and wide, we'll continue to see how it is being shaped and formed as it's usage becomes better defined.

For this situation I posted above, I don't see any misuse as it is written. I haven't been able to find any more but the AP regurgitated on other sites.
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Old 09-23-2007, 06:42 AM   #118 (permalink)
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don't sweat it cyn: i can take the heat. you take enough shit around here and weather the storm well enough - a little combative discourse will not make this little pig go 'wee wee wee' all the way home.

in reference to the above situation - for me it would depend. if they had intel that an armed suspect matching this guy's appearance was in the area, and he refused to remove his hand from his jacket...i can see that use of the taser, i think. much better than a shoot first, ask question later involving a handgun.

i don't think anyone thought the fool in the first link with the op was about to start anything violent. so that's a stretch to me.

i also wonder what this will do for the reputation of the police themselves. for instance, i live down in good ole south carolina. i can see bad things happening around here if the wrong person was shocked for 'noncompliance' we have a state strongly known for 'state's rights' and 'owning a shitload of guns'. i can see campus cops getting the shit kicked out of them, quite frankly. what if that crowd at the UF thing HAD taken a case of the ass over this...which i think could have easily happened. what if this kid had a bunch of friends in the crowd?
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Old 09-26-2007, 05:14 PM   #119 (permalink)
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Quote:
Originally Posted by The_Jazz
The logical response to this thread is to tase everyone. Who's first?

me please
I need a new youtube video!
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Old 09-26-2007, 06:39 PM   #120 (permalink)
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some follow up, apparently again as I stated he didn't follow any rules, he squashed other people's first amendment rights by not abiding by the ACCENT rules put in place.

Quote:
Experts debate First Amendment issues in Tasering
By HILARY LEHMAN, Alligator Writer
Link
Although the Tasering of Andrew Meyer, a UF telecommunication senior, has been scrutinized from every camera angle, the legal implications of the situation remain clouded.

The Sept. 17 Tasering incident at a speech by Sen. John Kerry sponsored by Student Government's Accent speaker's bureau has sparked nationwide debate over First Amendment rights and boundaries of police action.

Meyer was arrested and Tasered by University Police Department officers after asking Kerry several questions and refusing to give up the microphone.

The American Civil Liberties Union of Florida issued a press release Sept. 18 decrying the use of police force in the incident.

"People have a reasonable expectation to ask questions in a public setting - even if they are aggressive and some disagree with their position - that is free speech plain and simple," said Howard Simon, ACLU of Florida executive director, in the release.

Whether Meyer would have a valid court case on First Amendment grounds is a matter of debate among experts.

Tom Julin, a Miami attorney who specializes in First Amendment practice, said Meyer would have an uphill battle to prove UPD officers violated his rights.

The main issue would be whether police action was prompted by the content of what Meyer was saying at the time, Julin said.

"Most courts are not going to want to second-guess the actions of the police officers unless it is very clear that the police were doing something to suppress the content of the speech rather than directed at the conduct of the speaker," he said.

If there were a court case, the police officers would not have to prove that they took the best possible course of action, said Tom Poulton, a Winter Park attorney who deals with cases against law enforcement for excessive use of force and false arrest.

"The question isn't going to be whether it could have been done better," Poulton said. "The question is going to be whether it was done reasonably, considering the circumstances."

To have a valid First Amendment case, Julin said Meyer would have to prove that police reacted against what he was saying rather than how he was acting.

"He would have to show ... that he was not being disruptive, that he was not in violation of any content-neutral rules, that he was following all the rules and that he was not violating anyone else's rights," Julin said.

As for the ability of Accent to impose rules on an event, the legal lines are clearly defined, he said. Prior to the event, Accent could have imposed any rules not related to the content of the speech without infringing on First Amendment rights of audience members or speakers.

"They could say, 'We'll only allow 100 people to attend,'" Julin said. "They can say, 'Only 10 minutes for questions' or '30 minutes for questions.' But they can't impose rules to the content of the speech, like, 'Only Democrats can ask John Kerry questions.'"

Taking action against any person in violation of those rules would not be censorship, Julin added. The use of police force, if used simply to maintain order, could even be seen as protecting First Amendment rights.

"The maintenance of order obviously protects the right of John Kerry to speak and protects the rights of the students to hear what the speaker has to say," Julin said.

Whether the police were in violation of Meyer's rights, the amount of attention the Tasering brought to the situation is something to learn from, he said.

"This might be a good lesson for the police that if you use this kind of force, even if the force was justifiable under the circumstances, the use of force brings more controversy to the situation," Julin said.
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