Posted on 12/08/2023 8:38:45 PM PST by Angelino97
A black Alabama man who had been tasered by a white cop and arrested for trafficking fentanyl is now sharing his harrowing story.
Officer Dana Elmore was seen on camera swearing and tasing Micah Washington, 24, with a stun gun while he was in handcuffs.
He was charged with trafficking fentanyl, but the charge and its accompanying $500,000 bond were dropped after 'further testing' showed the substance in his possession was not the opioid drug.
In an interview with ABC, Washington revealed what had happened during the incident and explained that he had never had a run-in or issue with police before.
'I try to act okay, but I am really traumatized. I don't know how to feel about police now.'
He told the channel that he and his brother were changing a flat tire on the side of the road near his aunt's home when Elmore approached and asked to see his ID.
By then, Washington began to ask what was wrong and why he had to show his ID while complying with her order.
'I was respectful saying yes ma'am, no ma'am,' he said.
'She asked me to go stand in the back of the car but I was like I'm not being detained and I don't have to do anything.
'She grabbed me and I was standing between the back door and driver door, trying to turn my camera on and record her but she tased me for the first time and put her foot in my back after I fell.'
As soon as Washington fell, his brother, Shikeem Washington, began to record the video and on his request, his friend went to get the victim's aunt.
(Excerpt) Read more at dailymail.co.uk ...
I agree that some act that way but let’s not generalize and accuse all cops of being bad apples.
Among the more objectionable outcomes of being stopped and having ID demanded of you without probable cause is that they enter your name in NICS as having been stopped for “suspicion” and it never goes away. Then you have a “record”. Try exercising your 2nd Amendment rights or obtaining a CCW permit after that. Or if someone else with your name becomes confused with you in their system. A woman in L.A. just spent 8 days in jail because of a mixup. Policy is not law, the Constitution supercedes “officer safety” claims, what is “reasonable” to one is not always “reasonable” under the law and we do not live in Hitler’s Nazi “Papers” Germany.
I must remind you that the Constitution was written to err on the side of the individual. Individuals have rights. The government does not have rights.
Fruit of the poisonous tree?
The decision by the SC that police can lie to suspects for purposes of investigation is the single biggest reason why cops and the public have become so antagonistic to one another. If I’m stopped all they get is what they are lawfully entitled to and everything else is “no comment” for fear of using just casual conversation as probable cause for something else they may take it in their heads to try to pin on me.
Learn the law!
I did and that’s the law.
No it isnt. I and numerous others on this thread have spelled it out. Learn the law.
That is the law. You can go back through the posts and find all the links I posted explaining this.
The officer only needs a reasonable cause to stop you and require your ID, but he doesn’t have to tell you and the first time, if he charges you, when you are required to be informed is when you’re arraigned.
I assume lawyers would know more about the law then you. Do you want me to post all the links again for you?
Q. WHEN ARE POLICE ALLOWED TO STOP ME AND REQUEST IDENTIFICATION?
A. As noted above, police may make a Terry stop of a person if they have reasonable suspicion that the person is engaged in illegal activity. The purpose of a Terry stop is to allow police to conduct an investigation of suspicious circumstances, and in connection with that investigation police are allowed to request that a person identify themselves. Some states have “stop and identify” laws that require persons to provide their identity and address if they are subject to a Terry stop.[14] The Supreme Court has held that under a “stop and identify” law, persons can be convicted for obstructing an investigation for refusing to identify themselves during a Terry stop if the request to identify is reasonably related to the purpose of the stop.[15] But even in places covered by “stop and identify” laws, it is not required that you provide documents showing your identity.[16]
In a state or locality that does not have a “stop and identify” law, there is no legal requirement that you identify yourself in the course of a Terry stop. A person stopped for investigation is not required to answer questions posed by the police and a refusal to answer cannot be the basis for an arrest.[17] Also, a police officer does not have the authority to search you or your belongings during a Terry stop and you should protect your Fourth Amendment rights by not consenting to a search during such a stop. If the officer has a basis for believing the person stopped has a weapon, the officer may conduct a “pat down” or “frisk” of the person’s outer clothing.[18]
Police do have the authority to request identification if they stop a vehicle after observing a traffic infraction. They may ask to see the driver’s license, the vehicle registration, and any proof of insurance.[19] The Supreme Court also has held that law enforcement may require drivers produce identification at roadside checkpoints set up to stop passing vehicles and check for compliance with licensing requirements and for driver sobriety.[20]
Let me guess you live in a HOA and go around with a measuring stick to make sure all all codes are being strictly followed.
Just like the BTK Killer.
“I agree that some act that way but let’s not generalize and accuse all cops of being bad apples.”
If they hide the truth and back up their bad apple peers then they themselves are bad apples also. Aiding and abetting is a crime and a real thing... It can actually be deemed as criminal conspiracy.
Correct?
Learn the law.
Why don’t you go to all the lawyers and legal links and tell them to learn the law? Apparently every lawyer in the land are frauds because they contravene your all-knowing words.
Apparently you know better than they as to what the law says. You vs all the lawyers and judges and supposedly you know better.
Right.
You should tell the police, the courts, the lawyers and judges that there is no such thing as a Terry Stop. You know this, but apparently they don’t.
https://en.wikipedia.org/wiki/Terry_stop
Learn the law.
You learn the law. Show me the links that prove me wrong.
I’m betting that you can’t find a single link that disagrees with my links. }
I’ve sourced my statements. What have you done, other than speak out of whole cloth?
not a good look that is for sure.
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