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Based on the Constitution's Fourth Amendment, the 1989 Supreme Court ruling on the use of deadly force said the standard is "not capable of precise definition or mechanical application." The act should be assessed based on what an officer knew at the time of the shooting rather than hindsight. The court called it "reasonableness at the moment."
Graham v. Connor, 490 U.S. 386 (1989) was a case decided by the United States Supreme Court, in which the Court determined that an objective reasonableness standard should apply to a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person.
This case also established the doctrine that the judiciary may not use the Due Process Clause instead of an applicable specific constitutional provision:
"Because the Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct, that Amendment, not the more generalized notion of 'substantive due process,' must be the guide for analyzing these claims."
Originally posted by The_Phantom
reply to post by Xcathdra
The case cited is related to injuries sustained during an arrest being made. The force used at the party was predetermined by the police on a wide scale as the decided amount of force not only outside of an arrest attempt, but in place of it. With attempts for arrests being made after the use of force, as I already pointed out that in itself makes the force excessive.edit on 4-5-2011 by The_Phantom because: (no reason given)
So what you are saying is in fact, NO, you dont understand how the law works, you dont understand how the FEderal Government and State Government works, and in reality you are one of the far right wing nuts who are cherry picking arguments and laws in an effort to justify illegal behavior...
I have come across sovereign citizens before, and for the most part they have been pleasent.
So again.. you have no idea what you are talking about, you have no idea how the laws work at the federal or state level, and your continued argument in this thread bears that out.
If you dont like the laws in this country, you ahve a few choices -
Take part in the process and make the changes
Dont take part and do nothing but bitch its not fair
Leave the country that you apparently hate and start your own somewhere else.
Our Government is intended to have gridlock at the Federal level. Its designed that way to ensure the minority opinion is heard. The premis is for majority rule in this country.
Please explain to us why the actions of the students are valid. Explain why its ok for their behavior, which is what provoked the police response, contrary to the way you want to spin it.
Originally posted by ProtoplasmicTraveler
...snip - nothing but paranoid delusional anto government hate mongoring.......snip
Originally posted by The_Phantom
reply to post by Xcathdra
"sovereign citizen BS"
America was built by people who believed in anti-government, sovereign citizen bs.
Originally posted by colbyforce
reply to post by ProtoplasmicTraveler
You rock dude. This zombie won't give up. Typical.
Again, you are using this incident in an effort to push your agenda and nothing more. The reason you have been ginoring the student actions is because it would undermine your argument against the government.
The students were out of line, drunk and refused to elave the area..
It really is that simple.... The Police were within policy, state law and federal law when it comes to their methods used.
If you dont like that, then I suggest you get involved with the system and persuade people to make changes. Absent that you are being disingenous with your argument in this thread because the only part you are seizing on is officer action while ignoring the events that led up to the police response.
This is evident when people provide you with facts and news article, you you dimiss those articles.
You come up with the riciulous argument of show me where it says this or that, and when we do, you dimiss the source.
There is youtube video that shows more than the OP, and you only seize on the video that supports your paranoid delusional arguments, while ignoring and calling into question the credibility of others.
You seize on the words of a poster who states they were there, while dimiss the words of another who states they were there who had a different view on events.
Your entire argument is a sham and nothing more, and you are exploting a situation in an effort to justify your beliefs in a sovereign citizen movement.
That movement is based on inaccurate information, interpretation of laws no longer in existance, and a very ignorant view of the Constitution (which is reinforced by the fact sovereign citizens demand freedom, while arguing about plain text readings of the US Constitutiton, while ignoring the fct a plain text reading would make black people 3/5 of a person and would remove the right for women to vote).
The students got drunk, a few got out of hand, and they ruined it for everyone else who was behaving.
Originally posted by Xcathdra
Originally posted by colbyforce
reply to post by ProtoplasmicTraveler
You rock dude. This zombie won't give up. Typical.
Says the person who is blindly following the fool. What do you know about the topic at hand? What do you think should have occured.
Do you find it acceptable to get so drunk as to start fires, destroy property and attack people with beer bottles?
Originally posted by colbyforce
reply to post by ProtoplasmicTraveler
You rock dude. This zombie won't give up. Typical.