Posted on 06/04/2015 12:50:20 PM PDT by Fitzy_888
The Saratoga Springs Police Officer who pepper sprayed a man that gave him the middle finger has been suspended without pay. The chief of police now says he's seeking to fire the officer.
Officer Nathan Baker stopped Adam Rupeka back on May 16. At the time, Rupeka had just passed the officer and flashed the obscene gesture. He also had multiple cameras rolling.
When the officer asked for license and registration, Rupeka demanded to know what law had been broken.
After a back-and-forth of about 30 seconds, he was pepper-sprayed. Rupeka claims while it may not have been nice to flash the obscene gesture, it was within his constitutional right. Rupeka was charged with resisting arrest and driving with an obstructed view.
After talking to Rupeka’s attorney and reviewing the video, Saratoga County District Attorney Karen Heggen says her office has decided to dismiss the case.
1. Give the cop a finger. Just cause for the officer to pull you over and investigate further.
2. Asking for license / registration. Legitimate request given the reasonable cause of #1. Must comply. Cop has zero obligation to engage in conversation.
3. Refusal to give license/reg. Made clear. Cop now has legitimate reason to both remove from vehicle and arrest. Cop asks occupant to step out of car. First step of arrest.
4. Refusal to step out of car. Cop now has legitimate cause to physically move occupant forcibly to complete arrest.
5. Copy takes first (and mild) step of forcible removal with pepper spray.
That cop should clock off city time when he wants to indulge his personal business against citizens.
DA’s are rapidly becoming repugnant.
Pepper spray is hard to deny. Had the jerk suffered an untimely faceplant (triggered by some off-camera event like having his knees knocked out from under him from behind) would have been difficult to tie to the cop.
Suspended? Possibly fired? For pepper spraying some moron?
Shoulda just shot him dead. That way the moron would not have been able to file a complaint. Cop would be better off.
(Now. Where did I put that pesky sarc tag?)
1. Wrong
2. Wrong
3. Wrong
4. Wrong
5. Wrong
5 wrongs don’t make a right. Try again later, thank you for playing.
“reasonable cause”
-
Now you are just making shit up.
Its not just cause but it is deliberate provocation. The guy deliberately provoked the cop and got just what he wanted: A lawsuit and his 15 minutes of fame.
Ah, no on #1.
As per the Supreme Court.
Police know this.
That’s the reason for the unpaid vacation.
Cop baiting with a car full of cameras.
Smells like an anti-cop agenda to me.
And that dipshit in blue knew it before he pulls his pepper spray. The guy flipped off a cop-*gasp*-and?
“See this badge, mofo? Now, bow down to me, you dog!”
Here’s a question for YOU, buddy:
If someone gives YOU the finger - do you have the right to pepper-spray him?
Your premise is wrong. Therefore your conclusions are wrong as well.
The cop did not have his thinking cap on. He was in the frame of mind to push someone around. So he did just that. He assaulted the man with a chemical, not having had any probable cause. He was on a power trip. Hope the citizen does take it to court. Perhaps if the citizens of the county or city have to throw away their hard earned tax money for this kind of frivolous behavior by the cop they will put a stop to it. I think this is sort of a spill over of what blacks have been experiencing...being pulled over because black. That is not, or should not be, probable cause for detention.
Deliberate provocation? So what? The cop needs to lose the chip on his shoulder and turn the other cheek.
If someone gives YOU the finger - do you have the right to pepper-spray him?
Why do you ask me this question?
In regard to a separate matter, if I am a police officer and I am making an arrest and the perp is in a vehicle and I have asked the perp to step out of the vehicle and the perp has refused to step out of the vehicle THEN I do have the right to use physical force to complete the arrest. Pepper spray is a relative MILD means to begin to effect the removal and then the arrest.
The Supreme Court case, btw, is enlightening.
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