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To: Glennb51
This case was compounded when the officer requested the individual to leave his vehicle, the individual walked away from the officer and the individual did not comply with the officer. He made repeated demands to be advised of his rights, but the officer had no obligation to tell him that he was under arrest at that time.

If one is in the custody of law enforcement and does not comply, the officer can use appropriate force to bring the individual into custody.

19 posted on 11/21/2007 12:09:22 PM PST by Don'tMessWithTexas
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To: Don'tMessWithTexas

The cop never informed the guy he was under arrest. The cop never said to comply or be tazed. The cop lied to his buddy about it. This is a bad cop, and should be in jail.


36 posted on 11/21/2007 12:13:36 PM PST by wolfpat (If you don't like the Patriot Act, you're really gonna hate Sharia Law.)
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To: Don'tMessWithTexas
the officer had no obligation to tell him that he was under arrest at that time.

Are you sure about this? Being under arrest imposes certain obligations on both the driver and the officer. It seems to me that the driver needs to know that he is under arrest. If you are under arrest then you must obey the officer or else you are resisting arrest. If you are not then the rules are different. Doesn't the citizen need to know which it is?

45 posted on 11/21/2007 12:16:06 PM PST by rogue yam
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To: Don'tMessWithTexas
This case was compounded when the officer requested the individual to leave his vehicle, the individual walked away from the officer and the individual did not comply with the officer. He made repeated demands to be advised of his rights, but the officer had no obligation to tell him that he was under arrest at that time.

The guy didn't start walking back to his car until the officer pointed the taser at him. I think that it was more of a fear reflex. I don't think the guy was going to run. It's not even clear from the video that the guy realized that he was being arrested. He thought he was getting out of the car to show the officer the speed limit sign.

Just a little misunderstanding here.
49 posted on 11/21/2007 12:16:52 PM PST by Sopater (A wise man's heart inclines him to the right, but a fool's heart to the left. ~ Ecclesiastes 10:2)
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To: Don'tMessWithTexas
If one is in the custody of law enforcement and does not comply, the officer can use appropriate force to bring the individual into custody.

You are not in custody until you are arrested. You have a right to walk away unless an LEO informs yo you are under arrest. Did not happen here. Merely detaining someone is not an arrest.

458 posted on 11/22/2007 5:30:24 AM PST by suijuris
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To: Don'tMessWithTexas
This case was compounded when the officer requested the individual to leave his vehicle, the individual walked away from the officer and the individual did not comply with the officer. It may be at this point the motorist begins to believe that the cop's instability may become dangerours to his person. Trying to gain distance may have been simply been an act of self protection.
613 posted on 11/23/2007 11:10:33 AM PST by School of Rational Thought (Truthism Watch)
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