Posted on 01/23/2023 8:31:26 AM PST by MeganC
Text for video from this link: https://thecivilrightslawyer.com/2023/01/22/detained-arrested-and-beaten-over-cheeseburger-dispute/
Detained, Arrested and Beaten Over Cheeseburger Dispute Posted on January 22, 2023 It’s happened yet again – this time in Ohio – where police arrive to a trespassing complaint at a business (this time at a McDonald’s) and instead of allowing the person to leave the business, they instead detain and forcibly ID the individual. Do police officers have the right to detain someone under these circumstances? More importantly, do they have NEED to do so?
From the Dayton Daily News:
An incident that led to an officer hitting a woman multiple times Monday began as a dispute over missing cheese on a Big Mac. Butler Twp. Sgt. Todd Stanley and Off. Tim Zellers responded at 4:20 p.m. to a call about a disorderly customer at the McDonald’s at 3411 York Commons Blvd., and on arrival, officers spoke to Latinka Hancock, according to a police report.
When the woman refused to provide her ID, the officers engaged in a brutal and violent use of force against her, which one customer inside the McDonald’s caught on video:
https://www.facebook.com/watch/?v=691942075763580
Following the release of the footage to the public, the officer has been placed on leave, pending internal investigation.
Best comment is when the citizen tells the cop that he's going to be in trouble and he laughs it off. Now it looks like he'll be out of job.
The Facebook video referenced shows the cop punching this woman in the face. Link here:
https://www.facebook.com/mario.robinson.148/videos/691942075763580/
“Placed on leave, pending internal investigation”. Translation “Stay low for a while until the news dies down”.
LOL!!!! That’s funny!!!
Thank you! I really needed a laugh this morning!
The cops were called by management to the restaurant and this screechy woman escalated the incident by refusing to comply with a lawful request.
“Somebody get me a cheeseburger!”
The woman was leaving. The cop prevented her from leaving. She had committed no crime and he did not need to get her ID for some fake reason.
He’ll soon be out of a job and she’ll soon be suing the cops, the city, and the McDonald’s.
She was leaving the scene of a criminal trespass & disorderly conduct complaint, according to management who called the police and as retold by this YouTube lawyer.
I get the feeling that this woman is going to suddenly be very wealthy in the near future................
Right.
Should you get ‘beaten’ for not showing an ID? Of course not.
Do the police have the right to ID you? I’m not lawyer but I feel like they do.
So if you refuse to comply to showing an ID, should be have the right to detain you?
Now we are getting into some taller legal weeds, but still, I think most people’s common sense would say that they do. For public safety reasons, police often ID people who are involved in any kind of incident, not just because they have to report on it, but also because they could have wants and warrants.
So, did she resist arrest/detainment?
No one has the right to resist, do they?
This is the part that should be obvious.
Cheeseburger In Paradise
https://www.youtube.com/watch?v=7PfZ4QVqCs8
Here’s the law in Ohio that applies:
https://codes.ohio.gov/ohio-revised-code/section-2911.21
Excerpt of the applicable sections:
“(A) No person, without privilege to do so, shall do any of the following:
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either;”
And per that law she was in the act of leaving as requested and as notified and the offense of criminal trespass therefore did not occur.
In lieu of a summons, which they wanted to give her, that can arrest you if the complainant/manager insists.
unless you are being charged with a crime and arrested, they have no right to ID you.
I was a civil dispute. When she decided to leave the Cops job was over and it should not have gone any further past that.
There’s plenty of YT videos demonstrating cops having below a basic understanding of the law regarding basic rights. Just because “you got a call” isn’t grounds for demanding an ID without “reasonable articulable suspicion” of an actual crime. A phone call is nothing but hearsay. Somehow many cops seem to believe that because they got a call the investigation requires ID’s by law. It doesn’t. You’re required to ID only once an offense has been identified.
There’s also a lot of misunderstandings respective to trespassing. You’re only trespassing if you’ve been asked to leave and refuse to or you return afterward. Being asked to leave, then leaving, is not an offense where you’re required to provide ID so they can “write up the trespass” - as you’ve not trespassed at that point. Being asked to leave somewhere isn’t a crime.
I’m no lawyer but I’ve seen enough videos, over and over, on these topics where police departments end up getting sued and lose, costing the taxpayer money. The other absurdity is that they should just assume cameras are everywhere, because they are!
This lady, once they decided to arrest her, irrespective if it was a lawful arrest, should not have resisted. That said, multiple punches to the face is excessive imo. The posted video also doesn’t show if she was told to leave and refused to do so, which would be trespassing and they’d have a right to ID her.
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