Subcomandante Marcos wrote: » When was the last time you have to hammer-fist a 7 stone college aged girl in the face, grab her by the hair and throw her to the ground, and more to successfully arrest her? When you weren't on your own? And she posed absolute no risk to you or your colleagues? I'd wager never... Because you know what you're doing.
markodaly wrote: » You have a Garda with years of experience telling you how hard it is to actually arrest and restrain someone...
Subcomandante Marcos wrote: » It's incredibly easy to restrain a resisting, untrained person.
AudreyHepburn wrote: » While the punching was excessive I see it more as the officer seeing red in the heat of the moment rather than him being a thug generally. As for the young woman - she was being mouthy and belligerent, resisting arrest and violent towards the officers - do people really expect them not to react? It’s simple - if you want to be treated with respect by law enforcement then treat them in kind. And if you’ve nothing to hide just cooperate and then go on your merry way. Why kick up a fuss when it’s completely unnecessary?
steddyeddy wrote: » Here's the thing Audrey, seeing red in a tense moment is not an excuse for a man to physically assault a girl. That's the excuse given by domestic abusers. Especially not someone trained for such circumstances.
AudreyHepburn wrote: » Here’s the other thing though - the girl assaulted him first. You don’t get a free pass on assault because of your gender.Again it was excessive but she brought it on herself.
steddyeddy wrote: » Again Audrey, just to explain but no one brings "excessive force" on themselves. If it was warranted it wouldn't be excessive.
Permabear wrote: » This post had been deleted.
BrokenArrows wrote: » She deserved to be arrested using force because she resisted arrest. But they clearly went way overboard. way too much force used. A very thin girl and two police which have been trained should have been easily able to restrain her without punching and choke holds.
AudreyHepburn wrote: » No need to get condescending about it - I have said several times it was a bit excessive. But you can’t deny she did herself no favors at all the way she acted - she was like a spoiled petulant child and in front of her own child too which makes it even worse.
cnocbui wrote: » You are allowed to resist arrest if the arrest is not legal, which is the case here. The police had no legal authority to ask her to take a breathalyzer test and she was not legally obliged to give them her name. As her failure to give her name is what caused them to arrest her, the arrest was illegal. The police were in the wrong on at least four counts. Punching her in the head is not reasonable force when the arrest is illegal, it's criminal assault.
steddyeddy wrote: » Is this true? Let's say I'm walking around England (where I live) and the cops stop me and tell me they're arresting me for being Irish or something equally stupid. Am I allowed to resist arrest if there's no legal basis for it?
What each and every defendant and criminal lawyer must understand about the crime of Resisting Arrest is that a person is guilty of this crime only if he or she intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person. A critical component of any Resisting Arrest arrest (that sounds kind of funny, doesn’t it?!) is that the actions not only be intentional and as a means to prevent a police officer from making an arrest, but the arrest must be an authorized one. If it is not authorized, then the arrest for violating New York Penal Law 205.30 is not valid. ... The reason why the Court of Appeals (New York State’s top court) requires that there be a factual description based in probable cause as to the underlying arrest is because “an individual [has] a legal privilege to avoid an illegal arrest. Accordingly, the People must assert the legality of the arrest the officer was attempting to make or, put differently, must allege that the defendant lacked a privilege to resist that arrest.” See People v. Cherry, 307 NY 308, 310 [1954] [“If force is necessary to prevent an unlawful arrest, then force may be employed.”]). Merely charging the defendant with the crime of Obstructing Governmental Administration is not enough. Where NY PL 195.05 is charged, “the People must allege, and later prove, that the officer’s ‘official function’ was an authorized, or lawful, arrest
blinding wrote: » Why can’t we all just get along ?
mynamejeff wrote: » because she is an arrogant obnoxious entitled ass hole and he is dumb untrained unqualified rent a cop beach security not an actual cop as people keep saying i wouldn't like to spend time with either of them
shockwave wrote: » 3 guards in waterford were caught on cctv a few years ago hitting someone on the ground like this. They lost their jobs and were done for assault. American cops will probably get a medal for this.
Wanderer2010 wrote: » Not all the cops in Waterford lost their jobs over that, only 2 of the 3 did. The last fellow must have some dirt on the cops here because he still has his job and is still strutting around the city with a real entitled swagger to him.
cnocbui wrote: » I don't know about the UK, I was just going by what a US law firm says on their website:https://www.newyorkcriminallawyer-blog.com/2012/12/resisting.html