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 absolutely agree and understand very well. The only thing they are required to tell you are your miranda rights. And they have to do it as they arrest you.
But remember? This is not being “detained”. When you are mirandized you are now formally arrested. Those two rights are now the only two constitutional rights recognized from that point on. All others have been temporarily removed until you are found not guilty.
That’s not a forehead, it’s more of a fivehead.
Wow! She looks like she belongs in the K-9 department!
“Her forehead goes from eyebrows to Iowa.”
It is sometimes referred to as a fivehead. Scarborough has one too.
Yes, if they read your Miranda rights, you are under arrest. However, they still don’t have to tell you why until you are arraigned.
If he wasn’t the driver, he has no obligation to show an ID, but your comment doesn’t even apply here, as he did give the corrupt cop his ID.
“ > As long as they have reasonable cause, they can demand ID. <
Some states have laws written in that manner.”
I thought it was racist to demand ID, or is that just for voting?
They didn’t even find any drugs on him and his rap sheet is clean. The PD is going to be writing a sizable check to him - and rightfully so.
>>>Actually, no, you don’t have to show your ID. only if you’re being charged with something. It’s amazing how many cops don’t know that.>>>>
My understanding, after watching hundreds of videos of those guys who go around videoing, it’s suspicion of a crime, not actually charging someone........where ID must be produced. You don’t have to be charged, but there must be suspicion of a crime and then you must produce ID. They may not ulimately charge you....but there must be suspicion required.
They cannot just demand ID without suspicion. That’s the test. AS I understand it.
“However, they still don’t have to tell you why until you are arraigned.”
I absolutely agree. But that was not the debate. The debate was the difference between detainment and arrest. They cannot “detain” you for three days. They can only temporarily detain you but have to make a decision at the scene of the interaction whether to arrest you for further legal action or cut you loose. And some states actually have a time limit they have to make up their minds which.
I think where we may be having a misunderstanding is with the definition of detainment. There are technically two types. One being temporary being detained from your right to travel freely pending local investigation, And being detained 72 hours in jail and held over for arraignment after arrest.
They are legally two totally different instances of the same word “detainment”.
The alleged fentanyl tested negative for both cocaine and fentanyl (charge dropped), he has no prior felony arrests or convictions (charge dropped). He volunteered that he had a gun on him which he would have been allowed to have under AL law. It’s also been claimed that he did give the cop his ID but was still questioning why he had to but AFAIK, asking questions is not resisting arrest. He was tazed while handcuffed and not resisting.
I guess the female cop did not think he was respecting her authoritah!
“My understanding, after watching hundreds of videos of those guys who go around videoing, it’s suspicion of a crime, not actually charging someone........where ID must be produced. You don’t have to be charged, but there must be suspicion of a crime and then you must produce ID. They may not ulimately charge you....but there must be suspicion required.
They cannot just demand ID without suspicion. That’s the test. AS I understand it.”
Absolutely. And suspicion legally requires probable cause that can be proved. They can’t just stop someone walking along the sidewalk, street, or public space and ID them without probable cause. If you are just riding in the back seat of a vehicle they cannot ID you without probable cause against just you as an individual. Even “guilt by association” does not give them the right. They have to have something directly against you personally.
Show me your papers?
So what was it? An emergency ration of baking soda?
The victim was changing a tire and did voluntarily provide his ID.
In regards to detainment, it depends on why you are being detained. If you are being given a ticket, then you can be detained for the length of time it takes to give you that ticket. However, you are not supposed to be detained for any longer than it takes to write that ticket and for you to sign off on it.
However it can be up to 72 hours. My understand, from my internet searchings is that is across the entire United States.
However, the measure is supposed to be reasonable in relation as to why you are being detained. They can’t hold you for 72 hours if all they are doing is writing you up for a fine, for example or overnight if you were picked up for drinking and they want you to sleep it off before they will release you.
It’s not meant to be a punishment in itself, but to allow the police to conduct their business.
https://www.philadelphiacriminallaw.com/how-long-can-the-police-detain-you-without-a-charge/
That cop is not long for this earth. /spit
“If he wasn’t the driver, he has no obligation to show an ID.”
Yep, absolutely. Pending probable cause against him directly.
It only stands to reason that you cannot be required to provide ID if you are not required to carry ID. We are not required to carry ID in America, unless we are driving.
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