Policewoman Beats Mans Head with a Stick [VIDEO]

Who says the guy was a "crim"? Just cause he's black? How do you know what happened before the video started?

What if he didnt' do anything wrong? SHould he still just accept the beatdown? What if it was you?

It is actually completely lawful to resist a wrongful arrest, even to the point of killing the cop. According to the Supreme Court, that is, not just me.

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.

...i wouldnt wanna be her partner cuz she might miss - but - looks like a legit beat down to me... that guy was purty strong and not too bright...

I think this was handled just the way it should have been. No tasers, no guns.

Your Right of Defense Against Unlawful Arrest “Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.

As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)

Who says the guy was a "crim"? Just cause he's black?

yay lets throw racism in there too.
theres a shirtless guy wrestling with 2 cops in a gas station, if you cant figure out that he's a criminal then i feel quite sorry for you.

reply to post by neonitus

yay lets throw racism in there too. theres a shirtless guy wrestling with 2 cops in a gas station, if you cant figure out that he's a criminal then i feel quite sorry for you.

LOL....no doubt!

reply to post by CaptChaos

Who says the guy was a "crim"? Just cause he's black? How do you know what happened before the video started?

Well, okay....we don't know what happened before the video. So, for the purposes of this discussion, we are commenting on what we DO see in this video, which is a dude resisting arrest and struggling with a cop in close quarters on the ground. Speaking for myself, I am witnessing a crime in this video. So, yes, from what we see here this man is in the act of committing a crime because he is resisting arrest....

This makes him a criminal.....

And, coincidentally, he is black--a fact that is irrelevant in the grand scheme of things.

Luckily for him, though, there is always someone like you willing to blindly defend his honor (without knowing anything more about him), simply because he's black.

Perhaps if they were trained to apply handcuffs as well as they apply the baton, this could have been over in twenty seconds...

Four hands can subdue two hands quite easily. Somebody check my math.

reply to post by DeReK DaRkLy

Perhaps if they were trained to apply handcuffs as well as they apply the baton, this could have been over in twenty seconds... Four hands can subdue two hands quite easily. Somebody check my math.

My point as well.

Originally posted by DeReK DaRkLy
Perhaps if they were trained to apply handcuffs as well as they apply the baton, this could have been over in twenty seconds...

Four hands can subdue two hands quite easily. Somebody check my math.

...i've seen 3 big burly guys barely be able to restrain a psychotic lady that weighed 100 pounds... it was somewhat like trying to hold onto a greased-up snake... it if hadnt been so pitiful, it wouldve been funny... things arent always as simple as your math...

I'm often one to speak out when police do wrong - but this looks legit to me.

If you notice right at the very start of the video. The policewoman is standing up. The shirtless guy is standing up and there is someone prone on the ground at the shirtless guy's feet. That person prone on the ground is the male cop who is likely her partner. He probably didn't just decide to have a lie down while she tangled with this guy. The fight actually goes a few seconds before he seems to "come to" and grab the guys legs (while he's still laying on the ground).

To me it looks like her partner was down or incapaciated (at least at the start of it and part way though it). If you look all the partner is doing at least 1/2 way though is just trying to hang on. She found herself facing off against a big, strong, combative guy and her partner is down.

Those that know my posts know I'm one of the first to speak out about abuses by police. But, this looks legit to me, actually I give her props for not shooting him when her partner went down.

reply to post by Wyn Hawks

...i've seen 3 big burly guys barely be able to restrain a psychotic lady that weighed 100 pounds... it was somewhat like trying to hold onto a greased-up snake... it if hadnt been so pitiful, it wouldve been funny... things arent always as simple as your math...

It's all about technique... not my fault if people are THAT uncoordinated.
I know a cop who trains in grappling so he can do his job more effectively... most probably don't show this kind of initiative.

I'd rather see the cops use a taser on someone or put them in a chokehold or shoot them with a tranquilizer dart rather than beat them repeatedly in the head.

Again... it's all about technique.

Nah, the guy was resisting way too much. This one is legit.

Originally posted by DeReK DaRkLy
reply to post by Wyn Hawks

 

It's all about technique... not my fault if people are THAT uncoordinated.

...wish i had a nickel for everytime i heard a big talker say that...

Originally posted by Darce
All I can say to the LE defenders here is you should have paid more attention in history class. Saying things like "don't resist them and you'll be fine" works great until it's your skull getting cracked on the way to the ghetto, crematorium, mass grave trench, detention camp, etc.

Sometimes they still play episodes of COPS from the 90's. It's hard to believe how quickly we are descending down that same path. It's probably a sad fact that every other victim of genocide once thought "Oh if I'm good and do what they say they won't kill me".

Wake up people, why exactly do you have to follow their every command?

ETA: The end of the vid was hilarious though, I love that song.

edit on 6/8/11 by Darce because: (no reason given)

agreed.

too many people willing to be punching bags in the name of policy these days.

great post, thanks

Originally posted by neonitus
yay lets throw racism in there too.
theres a shirtless guy wrestling with 2 cops in a gas station, if you cant figure out that he's a criminal then i feel quite sorry for you.

Well actually these days it seems it's just as likely that the cops are the criminals.
Also this was complete and total incompetence from that cop. That's not what you should do ever when restraining someone. Or are they actually taught that? The goal is to get the hands restrained and cuffed. Hitting someone in the head is only going to piss them off even more and make them fight for their life. Isn't cops trained to use baton only on joints like shoulders, elbows, knees etc. so they can get control easier?