Qualified immunity needs to end yesterday

Discussion in 'Political Opinions & Beliefs' started by FatBack, Jun 6, 2023.

  1. FatBack

    FatBack Well-Known Member

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    I think the only thing the cops hate worse than being filmed is when they have to deal with someone that actually understands their rights.

    It really does piss ( some of ) them off that they can't just do whatever the hell they want... Such as order people around.... Let me see your ID get back in your car get out of your car sit down over here...
     
    Last edited: Jun 6, 2023
  2. Alwayssa

    Alwayssa Well-Known Member

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    Again, it is the civilized thing to do. You can get more things accomplished by being civilized with authority than by acting like a jerk. If someone came up to you, out of the blue, and acted that way toward you, what would you do? Human nature, if untrained, would be to react in kind almost immediately at times. Those that do this try to make officers make mistakes, and the courts realize this, and since he started it first, we pretty much know how that goes when emotions get in the air. there have been times when a person opened fire on a officer for performing their duty, such as in Pennsylvania on a routine traffic stop in 2011, or in domestic abuse calls, and a few others.


    Matt is the type of person why there is no respect to authority in this country. Respect does not mean you agree with them, but it does mean how we interact with each other. We used to do that in this country, now with people like Matt who want to act Bravado and such, and it rarely, if at all works. I have had personal experience with this in a case I did. It got so bad that his own brother-in-law arrested him on the spot when he made the veiled threat towards me, similar to what the commenter on the video did.
     
  3. Alwayssa

    Alwayssa Well-Known Member

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    Not really. Most laugh it off. The problem is most people think they know the law, the reality is most don't.
     
  4. Bob Newhart

    Bob Newhart Well-Known Member

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    Everything you said is wrong.

    Try to educate yourself before posting false information.
     
  5. Alwayssa

    Alwayssa Well-Known Member

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    And what did I say was wrong? That qualified immunity is not unlimited?

    All I see is a video and a statement of a person who made a claim. the case of Kevin byrd is a bit more complex. For starters, he was accused, tried, and convicted originally of rape to his ex-girlfriend. It was later discovered through DNA that it eventually was pardoned by GWB, and rightfully so.

    https://www.texasmonthly.com/news-politics/the-wrong-man/
     
  6. Bob Newhart

    Bob Newhart Well-Known Member

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    Wrong Kevin Byrd.

    Please educate yourself.
     
    Last edited: Jun 6, 2023
  7. FatBack

    FatBack Well-Known Member

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    Here we have a video where police invite themselves into the home even after being asked to leave repeatedly.

    They do not have probable cause and extingent circumstances do not exist.

    They are there because they received a landline call to 911 from this address but they clearly see that the address does not have a landline and obviously records have not been updated.

    But this does not stop them in any way from violating the hell out of the land owners rights.

     
  8. FatBack

    FatBack Well-Known Member

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    So you are claiming to be a former law enforcement officer which explains a lot here.

    Like I said being courteous is probably the best route of action to take but even if someone is not courteous this does not justify the police violating their rights.

    Do you have some excuse for why the officer committed theft by snatching if not strong armed robbery?
     
  9. Fred68

    Fred68 Well-Known Member

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    There is a panoply of videos depicting mendacity, abuse, and outrageous behavior by police officers on TikTok. I can't bear to watch them anymore. (One can only imagine what happens off-camera!) I think it ironic that police officers assume citizens always lie when they themselves are trained liars. Pretty rich if you ask me.

    Note* My comments are not intended to disparage all law officers. There are good ones, and they are a necessity for a civilized society.
     
    FatBack likes this.
  10. FatBack

    FatBack Well-Known Member

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    It used to upset me myself to watch these videos but it no longer does.

    People need to watch these so they are aware of their rights. About 8 years ago I myself was searched illegally without my consent. I wish the hell I would have had it on video
     
  11. Alwayssa

    Alwayssa Well-Known Member

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    Okay, wrong Kevin Byrd. The facts are this was in 2019, and a federal officer approached him, and that officer happened to the father of then-boyfriend Eric Lamb, the ex girlfriend of Kevin Byrd. From the articles I have read on the correct Kevin Byrd, this one stands out, "unusual allegations in this case make it an especially poor vehicle" which tells me there is more to this story than what is on YT. You had the 5th Circuit of Appeals who already ruled, "All police officers are entitled to qualified immunity, a legal doctrine that shields law enforcement from lawsuits unless they violate "clearly established" constitutional rights. But Bidwell said "it's only federal officials that have this special protection" — namely, broad immunity from lawsuits alleging violations of constitutional rights. The Institute for Justice estimates there are more than 100,000 federal law enforcement officers in the U.S." The 5th Circuit is a very conservative appeals bench and is well known for its conservatism. In addition, the Bivens action is general, but there are cases in which there are exceptions to the rule. Under this rule, "The plaintiff in a Bivens action must prove that a constitutionally protected right has been violated by the federal officers." And in that link, there are exceptions, namely "the Supreme Court found that federal officials engaged in adjudicatory functions for an administrative agency within the Executive Branch are entitled to absolute immunity from damages for their judicial acts." This is from Butz v Economou case.


    Here is the case with the initial ruling which part of the facts of the case states, "had reasonable suspicion of Byrd's criminal activity, including harassment and stalking of Lamb's son." So the officer had reasonable suspicion. What he did after was probably a violation of policy procedures, but that is an internal matter, not a legal one.

    Maybe you should educate yourself too instead of falling for the shiny object in the glass jar type of thing. Since there is no further evidence, either the Supreme Court rejected the request to review, or its still pending for review.

    https://www.cbsnews.com/news/supreme-court-texas-man-gunpoint-federal-agents/
     
  12. Alwayssa

    Alwayssa Well-Known Member

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    Notice the body cam footage by the police. Second, they probably went into the wrong house during the initial confrontation. And refusing to provide ID gives police more probable suspicion such a a person who may have an active arrest warrant for instance.

     
  13. Alwayssa

    Alwayssa Well-Known Member

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    Yes, there is. But on YT and other social media accounts, you can find this with almost every business or industry, including police officers. It is called shock jock vlogging, taken after the shock jock radio talk show personas that were infamous in the 90s and 2000s. And this leads to guilty-by-association syndrome, especially among police.

    As I have said, with it comes to police, 95% do a good job, 4% make mistakes and probably need more training, and then you have the 1% who pretty much violate every policy procedure known to them. We had examples of Derek Chauvin, former Fort Worth Police Officer Aaron Dean, former Dallas Police Officer Amber Guyger, and a whole bunch of others. So the system works eventually. Just have to prove your case, not through YT or Tiktok innuendo.
     
  14. Alwayssa

    Alwayssa Well-Known Member

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    I have watched them, but eventually, there is more to the story than what is presented on YT or TikTok. It is designed to influence your decision-making process and to get you emotionally wrapped up in the shiny object being presented to you. Eventually, there is more than meets the eye in any of the cases on YT and TikTok, including the one of Kevin Byrd.
     
  15. Reality

    Reality Well-Known Member

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    Its more than a possibility, its a no brainer. There is far more context than the boat captain discloses.
    And I allege I am the king of siam. See how reliable that is?

    You do understand that cops arresting or detaining you can take a phone out of your hand right?

    Two party consent doesn't work like that. Two party consent: If its posted you've consented if you remain. But if its not posted? That's illegal surveillance.
    You could find that by google. Try it. It doesn't hurt.
     
  16. FatBack

    FatBack Well-Known Member

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    The man was not being arrested or detained. Why are you making excuses for police misbehavior?

    Are you alleging that it's illegal to film The Police?

    You might want to check into that Google thing yourself
     
  17. FatBack

    FatBack Well-Known Member

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    Excuses excuses.... They were clearly in the wrong.

    And refusing to provide ID when you are not required to does not create probable suspicion for anything.

    This is not Nazi Germany where you have to show your papers on demand for no reason.
     
  18. FatBack

    FatBack Well-Known Member

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    Of course some videos are lacking context but then there are videos that show the entire situation.

    I'm not going to discount video evidence because you feel like it shouldn't be on social media or something
     
  19. jcarlilesiu

    jcarlilesiu Well-Known Member Past Donor

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    So let me throw a hypothetical out here.

    Should every cop who goes hands-on with a suspect for arrest be investigated and charged with assault?
     
  20. FatBack

    FatBack Well-Known Member

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    Is the suspect resisting?
     
  21. Reality

    Reality Well-Known Member

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    When the cop grabbed him? He was being detained dude.

    Did I say that? Want to quote me? Can't? Could it be because that's not what I said? No ****?

    I said if a cop detains you, they can take **** out of your hands. You know how when they're gonna put the cuffs on you can get out of that if you whip your phone out and scream "I'm recording"? Wait.... that's not a thing? You hallucinated that? No ****?
     
  22. FatBack

    FatBack Well-Known Member

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    You do realize there was absolutely no legal basis for any sort of detainment there?
     
  23. Reality

    Reality Well-Known Member

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    You do realize the cop tells him he's spitting in the cops face right?
    Our honorable boat captain even admits to that. He claims it was an uncontrollable bodily function, to spit in someone's face.
    The cop also wanted to see if the phone was an actual phone rather than a derringer disguised as a phone (which is an actual thing).
    The contact was legal.
     
  24. FatBack

    FatBack Well-Known Member

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    He was not there investigating a crime but a fire which was in compliance.

    And I am well aware of 22 caliber cell phone pistols which I think are one of the dumbest things anyone ever created because now it just gives cops more reason to be more scared than they already are.
     
  25. Reality

    Reality Well-Known Member

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    He was investigating whether or not there was compliance. He wasn't done, and dude got in his face and slobbered all over him.
    You DO know that spitting on a cop is assault right?

    So you acknowledge why a cop might not let you jam a phonelike object in his face then?
     

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