Posted on 07/11/2018 7:31:15 PM PDT by MtnClimber
Imagine what would happen to you as a regular citizen in the following circumstances. You do not like a woman photographing a public incident, so you demand that she stop. When she declines to stop, you grab her arm and twist it, physically restrain her, and forcibly put her into the back of a car.
Assuming a police officer witnessed the event or arrived at the scene after the fact, we all know what would happen to you as a regular citizen. You would be arrested and charged with multiple crimes. In Colorado, the district attorney probably would charge you with third-degree assault, “knowingly or recklessly caus[ing] bodily injury” (CRS 18-3-204), as well as with false imprisonment, “knowingly confin[ing] or detain[ing] another without the other’s consent …..
But what happens if the person doing the grabbing, the arm-twisting, the restraining, and the detaining happens to be a police officer, one who had no legal authority to do any of those things given the circumstances? Is that officer subject to the same criminal statutes that apply to the rest of us, or is the officer above the law, “more equal” in the eyes of the law than everyone else?
We are about to find out.
Here is what happened. On July 5, Susan Greene, editor of the Colorado Independent, “was driving on Colfax and wondered why police were standing around a man they’d handcuffed and had sitting butt naked on the sidewalk without taking efforts to at least cover him up” except for with a small towel, Greene writes. Greene was particularly interested in the matter, she relates, given that she is a journalist who writes about criminal justice issues and given that Denver police and sheriff’s deputies have a history of abusing (and even killing) people under their control.
(Excerpt) Read more at freecolorado.com ...
I think the DPD could have killed her and gotten away with it. Their seizures of vehicles with no convictions, but the proceeds going to Denver is just one example of the corruption.
Colorado has a state law that protects the rights of citizens to record officers in public. http://www.leg.state.co.us/clics/clics2015a/csl.nsf/fsbillcont3/EB14DB37464042EB87257DCB007BC071?open&file=1290_01.pdf
I am of the opinion that the officer is in some real deep water here as he has no legal cover for his actions.
Colorado has a state law that protects the rights of citizens to record officers in public. http://www.leg.state.co.us/clics/clics2015a/csl.nsf/fsbillcont3/EB14DB37464042EB87257DCB007BC071?open&file=1290_01.pdf
I am of the opinion that the officer is in some real deep water here as he has no legal cover for his actions.
In practice, yes indeedy.
Considering that that it days “one small towel” but in the picture you can see multiple large towels, I tend to doubt the substance of the rest of the account.
The police worked with a private company to install red light cameras. Fines were mailed directly to suspected violators. However, Colorado law clearly states (or at least stated back then) that a suspected violator must receive a ticket in person by an officer. So all those tickets were invalidated.
Later they did the weaselly thing of still mailing out the fines, and telling people they could pay by mail, or if they didn't, an officer would be sent around to issue a ticket in person at an additional expense to the suspected violator.
So they replaced unconstitutionality with blackmail.
“Greene correctly replied that she had a First Amendment right to photograph the scene.”
First amendment is about free speech - taking photos is not Greene speaking, it’s collecting information.
I think Greene very in the wrong to escalate the situation after that. Being a reporter doesn’t mean you always get your way or that you are always right and a reporter is not above the law either.
If an officer tells you to do some thing you do it or take chance of being arrested or shot - as we here at FR have seen on other threads with thugs/unruly people getting themselves killed by not simply listening to ths police who tell them to stop.
I bet the yellow light timing was reduced to benefit the red light tickets. I drive some in Boulder, Colorado and saw the yellow light reductions myself. If you are going the speed limit you almost need ABS brakes to stop in time.
Like "Get into the box car."
I heartily disagree.
The first amendment also protects freedom of the press and freedom of religion, both of these could be argued to be in use in this case. If I don’t obey an illegal order by an LEO they don’t get to shoot me. They are public employees and have limits placed on them.
Wow! And they claim that the cameras are put there for our safety and not for revenue generation.
I got caught once. Was coming up to an intersection in Boulder, A police car came past on the 3rd lane to the right going maybe 70 MPH. Right at the intersection he turned left across the other two lanes of traffic. I swerved to miss him and in all of the confusion did not see the light had turned yellow and just red. The camera flashed. I did not kill a cop in a crash that he set up, but I got a ticket. In the photo, the car behind me was also confused and did not stop either so I would have been in a wreck if I stopped in time, which is really short especially if you havw=e to watch something.
If he does his job by the book it will help him later.
I know they get much lighter sentences for crimes that would land the "little people" hefty jail time.
Yes, police are above the law for the most part.
Without video you are screwed...and maybe even then.
I avoid them, pitbulls too.
I think that many LEO are like the Deep State in the DOJ.
Colorado Ping ( Let me know if you wish to be added or removed from the list.)
The case of the break dancing FBI putz is going to answer that question loud and clear.
Wipe that black Kiwi of your lips.
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