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.
The force was used in response to a resisting charge. That stuff never works out well for the defendant.
“And yet it was not a lawful request. There are specific circumstances that must be present for LEO to be able to legally require ID. Unfortunately, many LEOs ignore this reality.”
Exactly right.
“The cop should have gone into the restaurant and arrested the manager for refusing to do his job as a food service provider.”
BWAHAHAHAHAHAHA!!!!!!!!!!!!!!!!
“You criminally left off the onions!”
Nope.
They may request. You do not need to comply. There is a difference between a request and an order. Order does not apply until they have arrested, not detained, you. At that point they can demand ID. They can also demand a drivers license if you are in control of a motor vehicle.
Now the law varies somewhat from state to state but this is pretty much the rule.
It all depends upon how long. I am sure she “fussed” for a while after management listened then explained their view of the situation and options before management got tired of hearing her and asked her to leave. Then there was the time “fussing” between when they asked and called the police. I suspect you can add more time “fussing” after the police were called.
95% of the time, I’ll trust the cops over the comments of Latinka Hancock. But I’m getting old and a bit bitter over the privileged Latinka’s of the world.
“The 911 call to the police, with an accompanying address and details describing the violation suggests those criteria were met.”
Did they get BOTH sides of the story first? Or just act in behalf of the businesses interests only?
Legally supposed to be made right would be defined as what the customer ordered and payed for, not what they want.
See #33. It is Ohio law...
“I am thinking she was disruptive because the manager refused to make it right and told her to take a hike or he/she would call the cops. I have actually had this happen many times myself.”
Odd. I’m in my 60s and have never had that happen. Including when I made a bit of a scene over bad service. Wonder why that is....
“Legally supposed to be made right would be defined as what the customer ordered and payed for, not what they want.”
Not true, if you ordered and payed up front for a Chevy and they give you a Ford this applies. It applies because he business made you pay up front for a product not yet delivered, doesn’t matter what it is. If they charged AFTER your product was delivered then this would not apply.
Re: Hamburgular.
That was funny! Thanks!
“Did they get BOTH sides of the story first? Or just act in behalf of the businesses interests only?”
Who is more likely to be telling the truth? McDonald’s, after prolonged problem with the woman disrupting business, or Latinka?
But cops are not judges. Or juries. If a complaint is made, they arrest on the complaint if there is reason to believe it is valid.
Uhhhh.... White privilege?
“White privilege?”
My wife isn’t white, and she’s never had the problem either. Nor do I believe in “white privilege”. There may be something to be said for “white manners”, though....
Exactly. The police have a legitimate right to arrest for that. Taking her name and issuing a summons is a courtesy, and it is in her interest to comply.
I thought it was racist to ask a black for ID. That’s what they tell us re voting.
One thing we do not know is if the extra cheese was on the sammich and Latinka thought it wasn’t. I hope the offending sammich was saved as proof. Why they didn’t open the top of that sandwich and slap a cheese on it while she was standing there, we will never know.
It is also possible she was raising more of a ruckus than we know. That said, the cop was wrong for hitting this woman in the head. His days as a cop are over.
He had poor impulse control. I know her mouth was probably loud and moving and he lost control.
Funny. I am not allowed to "lose control" and hit someone who's mouth is "loud and moving".
If I can't do it, neither can the police.
You don’t have the right to a Lincoln if you paid for a Ford.
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