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higherarkies

(34 posts)
Wed Jul 22, 2015, 07:34 PM Jul 2015

Should citizens always be submissive to law enforcement officers?

It seems many people think citizens should always be submissive to police officers.

To me, this premise is based on a slippery slope.

In the Sandra Bland case, she refused to put out her cigarette when the LEO asked her to put it out. It was her right as a citizen to refuse. The cop apparently took offense to this and the situation escalated, to the detriment of Ms. Bland. She refused to be submissive. In the end, it cost her her life.

What happens if a cop stops a citizen and requests/demands/orders said citizen to drop to his or her knees and give the cop a blow job? Should the citizen be submissive so the cop does not take offense and escalate the situation? We already know cops lie/falsify evidence/edit recordings. Are we better off dropping to our knees and giving the cop a blow job, or should we take a chance and not be submissive? Where does being submissive with police officers end?

Should the public always be submissive to cops?

183 replies = new reply since forum marked as read
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Should citizens always be submissive to law enforcement officers? (Original Post) higherarkies Jul 2015 OP
Until we fire EVERY single one of them and replace them with new standards and training randys1 Jul 2015 #1
I'm an elderly white woman and frankly I wouldn't cross them. Cleita Jul 2015 #4
Same with me. I'm a white male with long hair jakedsname Jul 2015 #7
I agree. It's safer to be cooperative, no matter who you are. Chemisse Jul 2015 #8
Yep. RiverLover Jul 2015 #98
I'm the same demographic as you and I wouldn't either. nt raccoon Jul 2015 #125
I ran into a female officer that exuded authoritarianism to the point that I was haikugal Jul 2015 #133
I had a run-in with a female cop during which she got out of her car yelling! Chemisse Jul 2015 #168
Yep! They're out of control...full of themselves and dangerous...they drip aggression. nt haikugal Jul 2015 #169
I do everything I am told during a police stop. No question. yeoman6987 Jul 2015 #48
She didnt and she is now dead. randys1 Jul 2015 #115
serious question... do you listen to the drew and mark radio show? Takket Jul 2015 #2
Glad you aksed. I hope the people that say just be nice to cops read this. bravenak Jul 2015 #3
a man with a gun dragging a woman out of her car. would you hire this man for anything? nt msongs Jul 2015 #6
Hell no. bravenak Jul 2015 #13
It seems like it would be a choice LWolf Jul 2015 #16
He is in JAIL now, but I know some of his victims. bravenak Jul 2015 #18
I'm glad he's in jail; LWolf Jul 2015 #21
Grew up in Iowa in white country - the entire police force was arrested for raping girls they pulled jwirr Jul 2015 #179
It's interesting you brought that up Oilwellian Jul 2015 #95
Yep. I still don't know the right answer. bravenak Jul 2015 #97
There is no one right answer to that Lee-Lee Jul 2015 #106
That is a good idea. Never let them move you. bravenak Jul 2015 #109
I wouldn't use the term 'submssive,' elleng Jul 2015 #5
I'm a senior - the 2 or 3 times I was 840high Jul 2015 #52
Yes it is, elleng Jul 2015 #55
That's exactly why you should double down on the politeness and humility Cleita Jul 2015 #134
It pays well to play their game. It's just really the smart way out of a ticket. YOHABLO Jul 2015 #9
"It works for everyone" BALONEY! BillZBubb Jul 2015 #12
Do you have any evidence TeddyR Jul 2015 #20
Start listening to black people. Erich Bloodaxe BSN Jul 2015 #28
Yeah TeddyR Jul 2015 #36
WTF are you blathering on about. U4ikLefty Jul 2015 #51
seriously! the denial is ridiculous Solomon Jul 2015 #75
Yup. beevul Jul 2015 #78
Maybe You Are More RobinA Jul 2015 #82
now see, this is why I shouldn't have said anything. Solomon Jul 2015 #124
I imagine a lot of German citizens said the same kind of things in 1936. Maedhros Jul 2015 #130
"They Thought They Were Free" : tblue37 Jul 2015 #152
Odd that-- I'm getting that same precise sense in regards to your sincerity. LanternWaste Jul 2015 #175
And this happens to you, what, once in a blue moon? Flying Squirrel Jul 2015 #60
You appear to be confusing submissiveness with simply being polite... LanternWaste Jul 2015 #174
Anyone resisting arrest (except very rare cases) either wants trouble seveneyes Jul 2015 #10
This CANDO Jul 2015 #45
...^ that 840high Jul 2015 #53
"Submissive" has a H2O Man Jul 2015 #11
Submissive is what is required when dealing with many of these police goons. BillZBubb Jul 2015 #14
Sometimes polite and respectful only prompts the officer to push harder. Maedhros Jul 2015 #131
Agreed. BillZBubb Jul 2015 #138
True. H2O Man Jul 2015 #157
Oh, I agree. Maedhros Jul 2015 #159
Respectful, yes. "Submissive"? Hmmm. MH1 Jul 2015 #15
A "Yessa Massa" may or may not get you beat or killed. nc4bo Jul 2015 #17
Should they instead fight the guy with a gun, a taser, and backup en route? NightWatcher Jul 2015 #19
There's a pretty big gap between dropping to your knees and giving a blow job pnwmom Jul 2015 #22
I'm not sure that Bland's responses to the police stopping her ever rose to the level of back-talk. LanternWaste Jul 2015 #176
Getting into a pissing contest with a cop is a losing proposition 99.9% of the time Lurks Often Jul 2015 #23
You should know the law, and do whats legally required. Lee-Lee Jul 2015 #24
The whole point of the stop was to catch her in something Kingofalldems Jul 2015 #25
Whether you like it or not TeddyR Jul 2015 #26
That has nothing to do with what I posted. Kingofalldems Jul 2015 #27
Agreed TeddyR Jul 2015 #37
It's much worse than jaywalking Reter Jul 2015 #41
Same here. What the heck do people 840high Jul 2015 #54
I Thought RobinA Jul 2015 #83
And whether you like it or not, she was baited into doing so. LanternWaste Jul 2015 #177
Actually written warnings serve a purpose over verbal Lee-Lee Jul 2015 #33
Except he had to start some shit with her before handing Kingofalldems Jul 2015 #34
Both of them got agitated. 840high Jul 2015 #67
"Incorrect." beevul Jul 2015 #65
It's case law, well stablished Lee-Lee Jul 2015 #71
I'll believe it when I see it. beevul Jul 2015 #72
You couldn't be more wrong Lee-Lee Jul 2015 #74
I was thinking more of a turn signal violation. beevul Jul 2015 #77
FWIW Lee-Lee Jul 2015 #85
Try making that argument... beevul Jul 2015 #136
The pen is needed as part of the stop Lee-Lee Jul 2015 #156
Under the exact circumstances of the Bland stop? I very much doubt it. beevul Jul 2015 #158
If you rufuse and I feel its detrimental to me conducting the stop Lee-Lee Jul 2015 #164
Right. In other words... beevul Jul 2015 #166
Graham v. Connor, Michigan v. Summers, Muehler v. Mena aquamarina Jul 2015 #180
Keep in mind in may vary according to state law Lurks Often Jul 2015 #79
Of that I have no doubt. beevul Jul 2015 #80
all I know is what I would do Skittles Jul 2015 #29
There are several dynamics that come into play. Uncle Joe Jul 2015 #30
Good post. hamsterjill Jul 2015 #120
There is a cop in Oklahoma who raped dozens of women who followed his orders CBGLuthier Jul 2015 #31
Agreed TeddyR Jul 2015 #38
Because the QUESTION was should you always follow LEO's orders CBGLuthier Jul 2015 #39
How do you know he killed her? Reter Jul 2015 #42
I must have missed that he killed her. 840high Jul 2015 #57
No, ot depends on dynamics involved, it's situational, AuntPatsy Jul 2015 #32
HELL NO!!! It's better to KNOW YOUR RIGHTS and you can use them against a jackboot! n/t Ghost in the Machine Jul 2015 #35
No. Sandra should have never exited her car. 7wo7rees Jul 2015 #40
Very bad advice. nt COLGATE4 Jul 2015 #47
Terrible advice. 840high Jul 2015 #58
Sorry you two, I am not wrong. Call your attorney. 7wo7rees Jul 2015 #62
Yes I have an attorney. I also 840high Jul 2015 #66
Police experts say they have the right to ask you to get out of your car... Phentex Jul 2015 #94
There have been 2 US Supreme Court decisions affirming the right of police PoliticAverse Jul 2015 #96
Yes. I am one. COLGATE4 Jul 2015 #102
Wow - I'm sorry, but that is worst legal advice I've seen in some time. Call an attourney??! Good jonno99 Jul 2015 #113
Refusing to exit your car is a crime. You can be arrested for that alone. Xithras Jul 2015 #144
Is that the law firm of mythology Jul 2015 #149
thank you, 7wo7rees. She knew her rights, but should have requested a chief soon as cop started his Sunlei Jul 2015 #129
If they want to live to see another day curlyred Jul 2015 #43
How not to get your ass kicked by the police Reter Jul 2015 #44
Rock on 840high Jul 2015 #59
Classic. KentuckyWoman Jul 2015 #70
LOLOL!! "If you have to give a friend a ride, get a white friend" LOLOLOL Sunlei Jul 2015 #114
Sooner or later somewhere incensed people are going to start seeking person revenge against kelliekat44 Jul 2015 #46
I'm pretty sure it ends somewhere short of a fucking blow job. cherokeeprogressive Jul 2015 #49
blowjob? hyperbole much? but to answer your question, In general, yes. lumberjack_jeff Jul 2015 #50
Substitute the words "submissive to" with "cooperative with". WillowTree Jul 2015 #56
No. Lint Head Jul 2015 #61
Submissive? No. beevul Jul 2015 #63
Agree 100% RobinA Jul 2015 #117
When pulled over, every cop I've ever met has asked one of two questions; lumberjack_jeff Jul 2015 #127
I completely agree with this post and particularly: Quayblue Jul 2015 #160
Bite it clean off and let the fucker explain to the judge how this happened Zorra Jul 2015 #64
Yes. Do what the cop wants, and file a complaint later, if appropriate. Nye Bevan Jul 2015 #68
Wrong fight. KentuckyWoman Jul 2015 #69
I mirror their behavior. If they're nice, I'm the nicest guy in the world. Taitertots Jul 2015 #73
no, police are not allowed to even open your car door! Sunlei Jul 2015 #76
Per a Supreme Court decision a police officer can order you out of your car at a traffic stop. PoliticAverse Jul 2015 #84
they have to give a reason to detain a person beyond the traffic stop. , a charge. Sunlei Jul 2015 #86
The traffic stop is the reason and is a detention Lee-Lee Jul 2015 #88
the traffic stop is over after the police officer runs every computer check to see if their 'catch' Sunlei Jul 2015 #91
Yes- the stop is over once the officer has concluded it Lee-Lee Jul 2015 #92
Thank you,so legal and polite. OR I"LL LIGHT YOU UP !!!! Sunlei Jul 2015 #132
"Since that had not happened yet, the stop was not over and she was still detained." beevul Jul 2015 #137
No Lee-Lee Jul 2015 #155
really stupid of police to ask why someone is upset! It's because a cop stopped them, duh! Sunlei Jul 2015 #167
No. The traffic stop itself is enough to lawfully order a person out of the car. PoliticAverse Jul 2015 #90
nope, that police officer violated the womans civil rights,trumped up a punishment felony charge to Sunlei Jul 2015 #93
And you're basing this categorical assertion COLGATE4 Jul 2015 #104
everything he did to her violated her rights, including the profiling to stop in the first place. Sunlei Jul 2015 #111
It Didn't Look Like RobinA Jul 2015 #116
they can run the plate before they even stop 'some' people. a police car was behind her, before she Sunlei Jul 2015 #118
It Looked To Me RobinA Jul 2015 #122
I used to live in Bellaire, texas and see their police make the 'cheap stops' all day long right Sunlei Jul 2015 #126
You're just making a series of conclusory and legally COLGATE4 Jul 2015 #141
"his actions in orderering her out of the car and to extinguish her cigarette are all perfectly..." beevul Jul 2015 #147
It's like a cop telling you "stand up by the car, OK?" COLGATE4 Jul 2015 #150
It should be. beevul Jul 2015 #151
Unfortunately, the average person's idea of how the law and COLGATE4 Jul 2015 #153
White Middle-Aged RobinA Jul 2015 #81
It's all a matter of respect... kentuck Jul 2015 #87
I might be stepping out on this one, but, nilesobek Jul 2015 #89
Wow! What a story! kentuck Jul 2015 #103
That was Idaho and I was underage at the time. nilesobek Jul 2015 #170
When they brought me to court, finally, 3 weeks later, nilesobek Jul 2015 #172
Yes, your life will depend on it. Even then, there is no promise that you will keep breathing. Rex Jul 2015 #99
I know. I think I would rather be out in the open where someone might see me Phentex Jul 2015 #100
Me too. I would be very careful and slow to move an inch. Rex Jul 2015 #101
Always? Well, if I know I was in the wrong (speeding, not full-stopping, etc.), why would I jonno99 Jul 2015 #105
Why ask to put out a cig, it is her car and he pulled her over. Rex Jul 2015 #110
Agreed - he over-reacted. But common courtesy informs that you put out your cig...nt jonno99 Jul 2015 #112
I Don't Think RobinA Jul 2015 #121
Thanks - you make sense. nt jonno99 Jul 2015 #123
I think you are spot on. Rex Jul 2015 #145
That argument falls flat on its face. beevul Jul 2015 #148
There is an interesting thread now in GD, suggesting the officer made unlawful orders Rex Jul 2015 #143
The Q is- why should they have to act meek and comply with abuse! bettyellen Jul 2015 #107
I follow guidlines such as those from Flex Your Rights, a group that seeks to expand the Bluenorthwest Jul 2015 #108
I know these guys. This is great information. Comrade Grumpy Jul 2015 #119
an aquaintence in law enforecement shared these tips with me HFRN Jul 2015 #128
All of that is excellent advice and should be taken COLGATE4 Jul 2015 #146
Thank you. higherarkies Jul 2015 #135
Being Dead Right isn't much of a victory. One_Life_To_Give Jul 2015 #139
I told my kids "never argue with a man who uses a gun" mikehiggins Jul 2015 #140
No. Iggo Jul 2015 #142
Sandra Bland's only mistake was treating Encinia like an adult BeyondGeography Jul 2015 #154
Furthermore, she didn't refuse to put it out maxsolomon Jul 2015 #162
She was extremely reasonable BeyondGeography Jul 2015 #165
I mentor a group of young, (mostly) Black, males ... 1StrongBlackMan Jul 2015 #161
Yes. It's very galling, but you don't win fighting cops on the street. Comrade Grumpy Jul 2015 #171
I think that may be the biggest misunderstanding of LEO's? kentuck Jul 2015 #173
No, and record the whole interaction realFedUp Jul 2015 #163
Be polite and respectful, yes. n/t Lil Missy Jul 2015 #178
check out this link: cloudythescribbler Jul 2015 #181
I gave them shit when I was younger Go Vols Jul 2015 #182
Message auto-removed Name removed Jul 2015 #183

randys1

(16,286 posts)
1. Until we fire EVERY single one of them and replace them with new standards and training
Wed Jul 22, 2015, 07:36 PM
Jul 2015

the answer is yes if you are not white.

Cleita

(75,480 posts)
4. I'm an elderly white woman and frankly I wouldn't cross them.
Wed Jul 22, 2015, 07:42 PM
Jul 2015

I was stopped for a traffic violation recently and the angry vibes from the officer made me very humble in talking to him. He seemed to have fuse that was ready to go off. It's not professional on their part and it shouldn't be that way, but until the culture changes I think it's best to not provoke them.

jakedsname

(14 posts)
7. Same with me. I'm a white male with long hair
Wed Jul 22, 2015, 08:01 PM
Jul 2015

I'm always treated badly and pulled over for the most trivial things. I must look like some kind of liberal troublemaker to them. In 2002 I was stopped outside of Lawton, Oklahoma. They brought in a drug sniffing dog and treated me like a terrorist. They found nothing on me. I had a sticker on my rear bumper which showed an American flap and read "These Colors Don't Run - The World. After they were through with me, the cop who originally pulled me over looked at me with disgust and said, "You're wrong about that. They most certainly do run the world."

It was like he was just hoping I would talk back to him. I wisely didn't though.

Chemisse

(30,817 posts)
8. I agree. It's safer to be cooperative, no matter who you are.
Wed Jul 22, 2015, 08:02 PM
Jul 2015

Many of these cops are flying on their own power, and just itching to have a chance to use it. I never argue or do anything else to set them off.

haikugal

(6,476 posts)
133. I ran into a female officer that exuded authoritarianism to the point that I was
Thu Jul 23, 2015, 01:50 PM
Jul 2015

sitting there wondering if they teach it at the academy. It just isn't natural.

The answer to the question is you do what you have to do in order to stay alive. I'm not sure we have rights anymore, any of us. Is it wrong, of course it's wrong!

I can't fight back anymore...there was a day I'd leave marks and do damage to anyone who beat or abused me, or tried. I'm not strong and fit anymore. I can't even run away, not that that seems to work. How to stay alive?!

The police act like they're in a war zone and we're the enemy...there is something very wrong!

Chemisse

(30,817 posts)
168. I had a run-in with a female cop during which she got out of her car yelling!
Thu Jul 23, 2015, 07:38 PM
Jul 2015

She was nothing but rude and bullying. I figured that was the only way she could feel like she was in control, as a woman (not that I was sympathetic - I was seething).

 

yeoman6987

(14,449 posts)
48. I do everything I am told during a police stop. No question.
Thu Jul 23, 2015, 12:18 AM
Jul 2015

I kick myself every time my last words are thank you after giving me a ticket....ugh. And for sure I'd put out the cigarette if told to. I'd think the officer wouldn't want second hand smoke or something. I'd light up as soon as the officer pulled away after we were done and for sure I'd get myself out of the car if directed to. No question. I just always have obeyed authority and can't stop even if I wanted too. Deeply ingrained.

Takket

(21,625 posts)
2. serious question... do you listen to the drew and mark radio show?
Wed Jul 22, 2015, 07:40 PM
Jul 2015

because they literally asked this exact same question on their show today lol

 

bravenak

(34,648 posts)
3. Glad you aksed. I hope the people that say just be nice to cops read this.
Wed Jul 22, 2015, 07:41 PM
Jul 2015

We had a serial rapist cop in my town who did things like that to women who cooperated because of the fear for their own safety. He usually preyed on Native and Black women.

LWolf

(46,179 posts)
16. It seems like it would be a choice
Wed Jul 22, 2015, 08:29 PM
Jul 2015

in each individual situation. If a cop is professional, it's a good idea to be cooperative.

If a cop crosses that professional line? Then the fear factor has to play a part. We just got a graphic video example of what can happen when someone stands up for herself. While I'm glad that this seems to have spread outrage and demand for change beyond the most at-risk populations, I'm pissed as hell that Bland's refusal to be submissive cost her life.

In the example you mention...I can see women, in the moment, submitting to abuse out of fear. It seems like that situation must be worse than one individual officer, though, when they are still afraid to report it after the fact. Did that officer ever face charges?

I'm a white grandma, complete with gray hair and glasses. My first instinct is NEVER submission. While I haven't had many traffic stops, or any other confrontations with law enforcement, I don't think I'm a primary target. And, since I know my first instinct to express myself bluntly could change that, I don't. I can't say that I wouldn't have, in Bland's situation, said something very similar, though.

I can't speak for people who ARE targets; what do you suggest?



 

bravenak

(34,648 posts)
18. He is in JAIL now, but I know some of his victims.
Wed Jul 22, 2015, 08:33 PM
Jul 2015

His wife was a corrections officer and Stood by his side the entire time. I was disgusted with her as a fellow woman, a black woman. It was shamefull. Him, he had this shit eatimg grin that made me want to rip his face off. Like he did nothing wrong. Said they wanted him, just like Cosby.

LWolf

(46,179 posts)
21. I'm glad he's in jail;
Wed Jul 22, 2015, 08:39 PM
Jul 2015

I hope he has to stay there.

And yes, his wife's betrayal of her fellow women is disgusting, to say the least.

jwirr

(39,215 posts)
179. Grew up in Iowa in white country - the entire police force was arrested for raping girls they pulled
Tue Jul 28, 2015, 04:31 PM
Jul 2015

over. In this case it was not about color but about power.

Today I live on a reservation with its own police force. I live with my family who are POC and the only contact I have with the police is if I call them because someone I do not know is hanging around. They have always treated me respectfully but I don't think that is necessarily about color either. Native children are taught to respect their elders and that is how they see me. An elder. They have even taken the time to tell me not to open my door to strangers, etc.

That said some of that police force got fired because they were watching porn while on the job so I am not so sure how they treat the younger members of the tribe. Hopefully not like the girl in your post.

As to being submissive we teach our children to be respectful just as all POC do. It is the only option when the other choice is your life.

Oilwellian

(12,647 posts)
95. It's interesting you brought that up
Thu Jul 23, 2015, 09:30 AM
Jul 2015

After reading the OP's question, my first thought was something that most women think about at some time or another...if you were confronted by a rapist with a weapon, would you be cooperative or would you fight back? I've heard it discussed over the years and there never was a good answer, except to say do whatever you have to to stay alive. A threatening cop makes that answer all the more tedious.

 

Lee-Lee

(6,324 posts)
106. There is no one right answer to that
Thu Jul 23, 2015, 09:57 AM
Jul 2015

It's all situational based on your abilities, their weapon, etc.

The only one hard rule I teach my students in self defense classes is DO NOT allow an attacker to move you to a secondary crime scene- the statistics show if that happens you are almost certain to end up dead. For example if you leave a club and a man with a gun tells you to get into a car- your best chance of survival is resisting/fleeing right then and there. He has the least control of the situation then- once your in his car or his chosen destination you have much less chance of making it out alive.

 

bravenak

(34,648 posts)
109. That is a good idea. Never let them move you.
Thu Jul 23, 2015, 09:59 AM
Jul 2015

I always think I'd try to dig my keys into they eyes and run the hell aways screaming 'fire!' I know if I scream rape nobody will come out. But if they think there is a fire, maybe.

elleng

(131,107 posts)
5. I wouldn't use the term 'submssive,'
Wed Jul 22, 2015, 07:43 PM
Jul 2015

but I'm a white woman, now senior. I've always been 'business-like.'

Don't know what I would do if subjected to the heavy-handedness that Ms. Bland encountered.

 

840high

(17,196 posts)
52. I'm a senior - the 2 or 3 times I was
Thu Jul 23, 2015, 12:41 AM
Jul 2015

stopped I was polite. Handed my driver's license without question. Better this way.

elleng

(131,107 posts)
55. Yes it is,
Thu Jul 23, 2015, 12:46 AM
Jul 2015

but this (Sandra Bland) cop went into something like 'you sound annoyed,' then 'put your cigarette out,' and it went on from there. He was trying to provoke her, and ended up pulling her out of the car.

Cleita

(75,480 posts)
134. That's exactly why you should double down on the politeness and humility
Thu Jul 23, 2015, 01:58 PM
Jul 2015

because some of them are trying to provoke you to escalate the situation and arrest you. It's very wrong but until the culture of our law enforcement changes your number one duty is self preservation until you can take them to court or some other action after the fact.

 

YOHABLO

(7,358 posts)
9. It pays well to play their game. It's just really the smart way out of a ticket.
Wed Jul 22, 2015, 08:10 PM
Jul 2015

I always say yes sir, or mam. I always have my license ready in hand and insurance I.D. if necessary. I never speak in a confrontational tone. I am polite. Yeah, I'm white, but it works for everyone.

BillZBubb

(10,650 posts)
12. "It works for everyone" BALONEY!
Wed Jul 22, 2015, 08:26 PM
Jul 2015

People of color, even when respectful and non-confrontational, are often bullied and abused.

 

TeddyR

(2,493 posts)
20. Do you have any evidence
Wed Jul 22, 2015, 08:38 PM
Jul 2015

That this "often" occurs? Sure, we've all seen the stories in the news of shootings, but "often bullied and abused" when respectful isn't something I've seen reports of. And was does "often" even mean? It sounds like you are saying more often than not, and I find that hard to believe.

Asking if we should be "submissive" is a loaded question. Nobody should be "submissive" but you certainly should be respectful. There are definitely bad actors in the police field, and I grew up with one of them, but even the good ones are in danger of being shot during a routine traffic stop so all are probably on edge. I'm a white guy and was pulled over for speeding a few weeks ago in Virginia. I was polite to the cop (state patrol) and careful not to do anything that would make him antsy. My wallet was in my backpack so when he got to the car I told him I needed to reach into my backpack to get my wallet. He said ok and moved to a position where he could see what I was doing. He certainly wasn't friendly and ticketed me but he wasn't overly aggressive.

Erich Bloodaxe BSN

(14,733 posts)
28. Start listening to black people.
Wed Jul 22, 2015, 10:11 PM
Jul 2015

You'll find it's pretty damn common. If the only place you're getting your news is from 'the news', of course you're not hearing about it.

 

TeddyR

(2,493 posts)
36. Yeah
Wed Jul 22, 2015, 10:20 PM
Jul 2015

That didn't answer my question at all. Am I supposed to poll random "black people" in my neighborhood? Otherwise, where should I listen to "black people" to get my news on this issue? And if the guy I talk to in the neighborhood was harassed does that men harassment happens "often"? I get the sense that these statements are just hyperbole.

U4ikLefty

(4,012 posts)
51. WTF are you blathering on about.
Thu Jul 23, 2015, 12:30 AM
Jul 2015

Black people are killed/harassed by police WAY more than white people.

If you know that by now I don't hold out much hope for you.

Solomon

(12,319 posts)
75. seriously! the denial is ridiculous
Thu Jul 23, 2015, 08:12 AM
Jul 2015

I'm a 60 year old black male. I have never had an encounter with a white cop (and I've had many in my lifetime) in which the white cop was not nasty, rude and threatening. Never! And each time I felt like less than a man for groveling and being polite and submissive. I've always felt that one day I'm not going to be able to hold my tongue and.... And let me tell you, it takes weeks to get over these encounters - kicking yourself every night trying to sleep because you felt less than a person for not sticking up for yourself.

Every time I hear a white person say all you have to do is be polite and follow instructions I want to stick a screwdriver in my ear!

 

beevul

(12,194 posts)
78. Yup.
Thu Jul 23, 2015, 08:20 AM
Jul 2015
And let me tell you, it takes weeks to get over these encounters - kicking yourself every night trying to sleep because you felt less than a person for not sticking up for yourself.


Yup. This, in multiples.

RobinA

(9,894 posts)
82. Maybe You Are More
Thu Jul 23, 2015, 08:49 AM
Jul 2015

of a person for knowing when to hold yourself together. Look, the guy has weapons, backup, the power to bring down a shitstorm. Why do you feel "less than a person" for figuring that you and the people who love you are better off if you live (figuratively OR literally) to fight another day? Your personhood is more than your ability to beat an ace of clubs with a four of hearts, which is about what any of us has in a confrontation with police.

Solomon

(12,319 posts)
124. now see, this is why I shouldn't have said anything.
Thu Jul 23, 2015, 01:22 PM
Jul 2015

Who are you to tell me what I should be feeling from being harassed , humiliated and abused by some snot nised kid who couldn't carry my jockstrap just because he's white and has a badge. You just don't fucking get it. I'm a fucking American, i'm a lawyer, and I know what my fucking rights are in this country, yet I should accept being demeaned for the sake of some asshole's ego because he has the right to kill me because my tail light just went out. You just don't fucking get it.

 

Maedhros

(10,007 posts)
130. I imagine a lot of German citizens said the same kind of things in 1936.
Thu Jul 23, 2015, 01:39 PM
Jul 2015

Just be polite and submissive to the police state and I, myself, will be OK. It's those people that talk back who get into trouble, and it's their own fault.

As a white guy, I am polite and professional in my dealings with the police. But I have seen first-hand how the police deal with my son-in-law, who is black, and it doesn't work for him.

tblue37

(65,487 posts)
152. "They Thought They Were Free" :
Thu Jul 23, 2015, 04:05 PM
Jul 2015
http://disinfo.com/2013/10/excerpt-thought-free-germans-1933-45-milton-mayer/

(About how Germans let themselve be ruled by the Nazis.)


EXCERPT:

But Then It Was Too Late

“What no one seemed to notice,” said a colleague of mine, a philologist, “was the ever widening gap, after 1933, between the government and the people. Just think how very wide this gap was to begin with, here in Germany. And it became always wider. You know, it doesn’t make people close to their government to be told that this is a people’s government, a true democracy, or to be enrolled in civilian defense, or even to vote. All this has little, really nothing, to do with knowing one is governing.

“What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security. And their sense of identification with Hitler, their trust in him, made it easier to widen this gap and reassured those who would otherwise have worried about it.

“This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter.

“You will understand me when I say that my Middle High German was my life. It was all I cared about. I was a scholar, a specialist. Then, suddenly, I was plunged into all the new activity, as the university was drawn into the new situation; meetings, conferences, interviews, ceremonies, and, above all, papers to be filled out, reports, bibliographies, lists, questionnaires. And on top of that were the demands in the community, the things in which one had to, was ‘expected to’ participate that had not been there or had not been important before. It was all rigmarole, of course, but it consumed all one’s energies, coming on top of the work one really wanted to do. You can see how easy it was, then, not to think about fundamental things. One had no time.”

 

LanternWaste

(37,748 posts)
175. Odd that-- I'm getting that same precise sense in regards to your sincerity.
Tue Jul 28, 2015, 03:39 PM
Jul 2015

"I get the sense that these statements are just hyperbole...."

Odd that-- I'm getting that same precise sense in regards to your sincerity.

 

Flying Squirrel

(3,041 posts)
60. And this happens to you, what, once in a blue moon?
Thu Jul 23, 2015, 12:52 AM
Jul 2015

What if you were constantly being stopped for no good reason? At what point do you get irritated and become just the tiniest bit less cooperative? Maybe having a bad day already? And then they come down on you like a ton of bricks because that's what they really wanted, it's what they live for. Quit blaming the victim, it's disgusting.

 

LanternWaste

(37,748 posts)
174. You appear to be confusing submissiveness with simply being polite...
Tue Jul 28, 2015, 03:37 PM
Jul 2015

You appear to be confusing submissiveness with simply being polite... that being the first of three inaccuracies (or ubnsupported allegations if your self-validation requires it) in your post.

 

seveneyes

(4,631 posts)
10. Anyone resisting arrest (except very rare cases) either wants trouble
Wed Jul 22, 2015, 08:16 PM
Jul 2015

or does not fully understand the risks and bad shit that WILL go down.

 

CANDO

(2,068 posts)
45. This
Wed Jul 22, 2015, 11:13 PM
Jul 2015

And resisting a simple fucking traffic ticket is just asinine. It's called pleading not guilty and arguing your case to a judge, and hiring a competent lawyer to accompany you always helps. And you will probably lose the case but get by with a reduced judgement without points on your driver's record.

H2O Man

(73,605 posts)
11. "Submissive" has a
Wed Jul 22, 2015, 08:19 PM
Jul 2015

rather negative flavor. An intelligent person can be respectful -- even to one who doesn't deserve respect -- and respond in a manner that is less likely to result in escalation of tensions, and eventual gross violence.

BillZBubb

(10,650 posts)
14. Submissive is what is required when dealing with many of these police goons.
Wed Jul 22, 2015, 08:27 PM
Jul 2015

Sometimes even that isn't enough.

 

Maedhros

(10,007 posts)
131. Sometimes polite and respectful only prompts the officer to push harder.
Thu Jul 23, 2015, 01:40 PM
Jul 2015

If the officer wants a confrontation, he can make one happen.

BillZBubb

(10,650 posts)
138. Agreed.
Thu Jul 23, 2015, 02:22 PM
Jul 2015

Bad cops know how to push people's buttons to get them to react and create an excuse for aggressive response.

H2O Man

(73,605 posts)
157. True.
Thu Jul 23, 2015, 04:18 PM
Jul 2015

Yet, in such cases, there is nothing that a person can do that will prevent the attack.

Still, polite and respectful is far more likely to work to one's benefit, than either confrontational or submissive.

MH1

(17,600 posts)
15. Respectful, yes. "Submissive"? Hmmm.
Wed Jul 22, 2015, 08:29 PM
Jul 2015

I think in 99% of cases, at least if you are white, if you are really respectful then the need to be "submissive" never enters into it. But probably, you should be, even if you think you are being wronged, if you are sure you are really dealing with a police officer and not a scammer posing as one.

As to how that works if you're black ... well start by being respectful and you improve your chances. I think there are racist cops and if you had the bad luck to be the one they fucked with today, it may not matter how respectful you are. But if you start out mouthing off you definitely won't improve your outcome.

That said, what happened to Sandra Bland, and Eric Garner, and many of the other names we've come too familiar with lately, is absolutely WRONG. The citizen should be respectful to the cop but the cop should remain a professional public servant No. Matter. What. So if cop pulls me over and I'm already having a bad day and let my ass show a bit, it's the cop's JOB to handle the situation and not escalate something piddly into something major. It's his JOB.

NightWatcher

(39,343 posts)
19. Should they instead fight the guy with a gun, a taser, and backup en route?
Wed Jul 22, 2015, 08:35 PM
Jul 2015

You don't win a fight with a cop on the side of a road. You survive it and argue in court.

You let me know how successful you've been arguing with the armed, amped up cop.

I think in lieu of fight back or argue, we should outfit our vehicles with recording devices as they are doing in other countries. You take your dash cam to court and put that video against hat the cop says happened.

Discreet, vehicle based surveillance is the wave of the future. Kickstart that company and make billions.

pnwmom

(108,994 posts)
22. There's a pretty big gap between dropping to your knees and giving a blow job
Wed Jul 22, 2015, 08:39 PM
Jul 2015

and spitting in the cop's face.

I don't think you should do either.

I think the cop in Sandra Bland's arrest did everything wrong. But when I was stopped without any reason, I just went along with everything, even though I knew I was within my rights to not cooperate. (The cop wanted to look inside our u-haul trailer, which we'd rented for an interstate move. He opened it up and a mop and a vacuum cleaner fell on him and he closed it right up again.)

So, while I fervently support Sandra's right to resist and talk back -- if I were her mom, I would have begged her not to.

 

LanternWaste

(37,748 posts)
176. I'm not sure that Bland's responses to the police stopping her ever rose to the level of back-talk.
Tue Jul 28, 2015, 03:42 PM
Jul 2015

I'm not sure that Bland's responses to the police stopping her ever rose to the level of back-talk.

 

Lurks Often

(5,455 posts)
23. Getting into a pissing contest with a cop is a losing proposition 99.9% of the time
Wed Jul 22, 2015, 08:45 PM
Jul 2015

Take the ticket and go to court to fight it out. When I was younger I was stopped by the police a number of times. Each of those times was for a valid reason. Each time I was polite and cooperative. Doing so usually got me a warning, verbal or written and probably got me out of a reckless driving charge.

As for your example involving a sexual act I find it extreme and unrealistic.

In the end it isn't a question that has a definitive answer, it is something to be decided on a case by case, depending on what the penalties you are facing vs what the cop is demanding.

 

Lee-Lee

(6,324 posts)
24. You should know the law, and do whats legally required.
Wed Jul 22, 2015, 10:00 PM
Jul 2015

You make a big error in your post-

"In the Sandra Bland case, she refused to put out her cigarette when the LEO asked her to put it out. It was her right as a citizen to refuse."

Incorrect. She, like you, probably was also ignorant of the law and as such chose the wrong course of action.

For the period of time when you are detained during the conduct of a traffic stop you have to comply with any reasonable and proper requests of the police. Keep your hands in view, don't leave the car or leave the car depending on what the officer wants, turn off the car, etc.

Not smoking during that period is one of those reasonable instructions. Smoking makes it harder for an officer to watch your hands and ensure you are not making a dangerous movement, a lit cigarette is a hazard to the person and officer should an arrest have to be made as well as a fire hazard, and like any other worker in any other job a cop shouldn't have to be exposed to your nasty secondhand smoke on the job.

Now, of course if we go down your absurd example of the cops demanding a blow job that is a whole different matter. Such an order would not be proper, reasonable or legal and should be resisted. But that is nowhere close to what happened here, so it really has no bearing on this case.

So the answer is know the law, do what the law requires, do not tolerate or submit to anything that exceeds the laws requirements.

Kingofalldems

(38,475 posts)
25. The whole point of the stop was to catch her in something
Wed Jul 22, 2015, 10:04 PM
Jul 2015

else--a fishing expedition. If the cop was just going to give a warning he could have done so at the outset with a verbal warning. And you know it.

 

TeddyR

(2,493 posts)
26. Whether you like it or not
Wed Jul 22, 2015, 10:06 PM
Jul 2015

She broke the law and was pulled over. Agree that what she did is not different than jaywalking but that doesn't mean that technically she didn't break the law.

 

Reter

(2,188 posts)
41. It's much worse than jaywalking
Wed Jul 22, 2015, 10:39 PM
Jul 2015

I'd pull over people for not signaling all the time. One of my biggest pet peeves are constant lane changers and drivers who don't signal when changing lanes. Bothers me much more than talking on a cell while driving.

 

840high

(17,196 posts)
54. Same here. What the heck do people
Thu Jul 23, 2015, 12:45 AM
Jul 2015

think we have signals for? Many times I have barely missed the car that did that.

RobinA

(9,894 posts)
83. I Thought
Thu Jul 23, 2015, 08:57 AM
Jul 2015

this pull over was a little cheap. She was getting out of his way. Technically, yeah, she should have signaled, but on a local road with a cop car up your butt, I think it would not be unusual to just change lanes and let him by. You see this all the time and how many people signal? It seems a pissy technicality in this case.

 

LanternWaste

(37,748 posts)
177. And whether you like it or not, she was baited into doing so.
Tue Jul 28, 2015, 03:43 PM
Jul 2015

And whether you like it or not, she was baited into doing so, and rationalizing her detention as just or within the law illustrates an astounding sense of privilege...

 

Lee-Lee

(6,324 posts)
33. Actually written warnings serve a purpose over verbal
Wed Jul 22, 2015, 10:14 PM
Jul 2015

People take them more seriously, and the paper trail gives an officers superiors a report on his activities for the day.

If they are targeting a specific stretch of road the paper trail shows what work was done to bring traffic patterns more into compliance, and if the targeting was driven by citizen complaints they have something to show that they took action.

My old departments policy was all warnings were written, for documentation reasons and to ensure the message went across properly. The Sheriffs belief was a written warning had more of an effect on people than a verbal.

 

beevul

(12,194 posts)
65. "Incorrect."
Thu Jul 23, 2015, 02:11 AM
Jul 2015
Not smoking during that period is one of those reasonable instructions.


I completely disagree. I'd like to see a legal cite for that. Is this supported by case law, or is this just a hunch? If this is actually supported by the law, its ridiculous. I haven't smoked for a a few years now, but I seriously question whether they actually have that authority, and reject any notion that they should.


Smoking makes it harder for an officer to watch your hands and ensure you are not making a dangerous movement


That's something to consider when taking the job, I reckon. Its not our job as citizens to make LEO job easy. Our rights make LEO job hard. Too bad. It comes with the territory. Don't like it, don't take the job. On the other hand, it IS LEO responsibility to act within the law and respect our rights, and LEO limitations. I reject, notions of the opposite on both counts.

a lit cigarette is a hazard to the person and officer should an arrest have to be made


Is 'I'm going to arrest you, put out your cig please" so much to ask of a cop to say, at the point he decides to make an arrest?

and like any other worker in any other job a cop shouldn't have to be exposed to your nasty secondhand smoke on the job.


Can cops taking crime reports in peoples houses demand they put out cigs too? Hes just as 'on the job' there as he is in a traffic situation, right?

The cop can keep his/her head out of the car he pulled over, and get fresh air just fine.



 

Lee-Lee

(6,324 posts)
71. It's case law, well stablished
Thu Jul 23, 2015, 06:44 AM
Jul 2015

I'll dig up links when I am not on the phone.

For the period when you are detained for a stop the police can give you basic instructions in the name of your and their safety and of allowing ten process to be completed that you must follow.

Keep your hands where I can see them.

Step out of the vehicle and stand over here out of traffic.

Stay in your vehicle.

Turn off the ignition and hand me you keys.

If you have a concealed carry permit they can require you hand over your pistol.

Don't handle objects inside the vehicle.

Don't go into the console or glove box or react under the seat while stopped.

Don't make phone calls and text while the stop is in process and the officer is interacting with you.

Turn down the stereo

All are valid reasonable commands. So is refraining from smoking.

And yes, I have been in a persons house on a domestic violence investigation and told him to not smoke while I was interviewing him.

 

beevul

(12,194 posts)
72. I'll believe it when I see it.
Thu Jul 23, 2015, 07:06 AM
Jul 2015
All are valid reasonable commands. So is refraining from smoking.


Reasonable is in the eye of the beholder. I care not one whit for 'reasonable'.

I want to see case law.

If leo have that authority, they definitely shouldn't.

And yes, I have been in a persons house on a domestic violence investigation and told him to not smoke while I was interviewing him.


Oh, I don't doubt that you've buffaloed people into it.

I simply doubt its legal. On what charge do you arrest someone who refuses to put a cig out?

You had to be a big city cop. Your brand of pushy doesn't sell out here in the sticks. One county over from where I live, they had a Chicago cop come out and get a job as sherrif. He had that sort of 'pushy' about him, and he operated that way. One day someone decided to stop doing business with him. And then as time went on, so did others. After a point, it became difficult enough for him that he left. Someone more reasonable took his place.

Its quite a different thing when you have to live amongst AND depend on the people you police, it tends to reshape obtuse attitudes about 'civilians' and their rights to a rather amazing degree. Cops out here aren't so quick to pull a dick move on the grocer, or the guy who they want to work on their vehicle, or the people that teach their kids, or the people that work on their air conditioning.

 

Lee-Lee

(6,324 posts)
74. You couldn't be more wrong
Thu Jul 23, 2015, 07:46 AM
Jul 2015

I was a deputy in rural NC, and we only worked the areas outside city limits for most purposes. On a department so small most patrol shifts had 4 deputies on duty per shift (on paper there were 5 per shift, but you more often than not had one person out for injury, vacation, training, court etc.) covering over around 600 square miles.

If a person refused to put out the cigarette it would depend on circumstances and how I read the person. I personally and very sensitive to smoke, and would explain that. If they became hostile and argumentative I may place them in cuffs for my safety for the remainder of the interview, especially if it was looking like it was going to end in an arrest anyway. In the case I mentioned above a person who was just accused by his wife of striking her, who then becomes argumentative when asked to extinguish a cigarette, can be detained in cuffs for the purposes of officer safety. See Graham v. Connor, Michigan v. Summers, Muehler v. Mena and mnay other cases on the subject.

 

beevul

(12,194 posts)
77. I was thinking more of a turn signal violation.
Thu Jul 23, 2015, 08:18 AM
Jul 2015

See, I have trouble with the idea that you need permission to search absent probable cause, but think its ok to dictate a no smoking zone over the same piece of property that isn't yours to search or mess with.

And like I asked, in the case of an auto, when all you have is a turn signal violation, what do you charge someone with when they tell you no, to putting out a cig? Or do you sidestep the issue by lawfully moving them to the back of your car?

I guess things are different in NC. Folks out where I live, are acutely aware of such shenanigans, legal or not, and don't take kindly to them. In fact, they get downright inhospitable.

If a person refused to put out the cigarette it would depend on circumstances and how I read the person. I personally and very sensitive to smoke, and would explain that.


And if you ASKED nicely, you'd probably get your way, if it wasn't a dick move at the end of a stop. Note, "asking nicely" is on the opposite end of the scale from Demanding, both in style and in substance.

But most obviously, if you whipped a u turn, and got so close on someones ass that you can't see their license plate, and don't pull them over until they've been intimidated into making a mistake which gives you justification,
its pretty obvious that 'asking nicely' isn't what you have in mind at all.

I often wish people would just brake check you guys, when you choose to do that instead of getting close enough to read the plate and then backing off to a reasonable distance like reasonable cops do, while your info comes in on the plate.

Even cops are at fault when they rear end someone.
 

Lee-Lee

(6,324 posts)
85. FWIW
Thu Jul 23, 2015, 09:02 AM
Jul 2015

I never did a traffic stop over something like a turn signal unless it was a person known to me as a problem who I wanted to know what they were up to (like a known repeat burglar driving in an area with recent burglaries) or I suspected a DUI. Our sheriff had 2 deputies assigned full time for traffic enforcement and didn't want the rest of us bothering with small violations because we didn't have enough manpower and the overtime to pay us for traffic court was expensive.

Only three things guaranteed a traffic stop from me- DUI, something totally wreckless or that I couldn't just ignore because it would look bad, or not properly having your infant/toddler/small child restrained in the proper seats. The DUI and the child safety I never gave a warning on- everything else almost always got a warning unless you were a total ass about it or I discovered more during the stop.

What's allowed for a search during a stop and what lawful instructions are allowed during a stop are related, but not the same issue. When you are stopped the officer has detained or seized you for a short period of time. During this time you are in that officers custody, and he/she can dictate where you sit or stand, what actions you are allowed to do or not do, etc. That includes handcuffing you if they wish for the duration of the stop. They can instruct you to keep your hands on the steering wheel or trunk of the car with nothing in them if they wish- and that would preclude smoking, so an instruction not to smoke is less restrictive than those allowable instructions that would both prevent smoking and other movement of hands.

Not allowing smoking is articulatable as a reasonable step to prevent injury or make the job of the officer conducting the stop easier or safer. It's an instruction that causes no harm to the person detained and does not cause of violation of any rights.

FWIW, while an officer needs either probable cause or consent to search your entire vehicle, they can order you to exit the vehicle and do a search of your person if they have reasonable suspicion (a lower standard than probable cause) you could possible have any sort of weapon, and may be permitted to search the passenger compartment of the vehicle on the same standard. It's known as a Terry Frisk or Terry Stop.

 

beevul

(12,194 posts)
136. Try making that argument...
Thu Jul 23, 2015, 02:12 PM
Jul 2015
Not allowing smoking is articulatable as a reasonable step to prevent injury or make the job of the officer conducting the stop easier or safer. It's an instruction that causes no harm to the person detained and does not cause of violation of any rights.



I'm pretty sure that any cop who trys this crap - the 'safety' argument as justification for telling someone in their own vehicle not to smoke, immediately after giving the same person a pen which is capable of doing far more damage than a cig, would be laughed at by a judge.



 

Lee-Lee

(6,324 posts)
156. The pen is needed as part of the stop
Thu Jul 23, 2015, 04:18 PM
Jul 2015

Smoking is not needed as part of the procedure.

I've been in front of judges and DA's and defense attorneys many, many times explaining my actions. I could defend an instruction to not smoke while detained any day of the week and win it.

 

beevul

(12,194 posts)
158. Under the exact circumstances of the Bland stop? I very much doubt it.
Thu Jul 23, 2015, 04:24 PM
Jul 2015
. The pen is needed as part of the stop. Smoking is not needed as part of the procedure.


Irrelevant.

Its necessity doesn't change it from an instrument potentially more dangerous than a cig, to a warm fuzzy pillow.

I could defend an instruction to not smoke while detained any day of the week and win it.


I will ask you again, hoping that you'll answer the question this time :

You pull me over, we go through the motions, you ask me essentially after the fact at the end of the stop, to put out a cig after you've handed me a potentially deadly instrument, and I refuse.

What are you going to charge me with, for refusing?

Do you resort to 'contempt of cop'? Do you then get around my refusal by placing me in your car where I can not smoke?
 

Lee-Lee

(6,324 posts)
164. If you rufuse and I feel its detrimental to me conducting the stop
Thu Jul 23, 2015, 04:58 PM
Jul 2015

I will probably tell you to exit the vehicle and keep your hands on the trunk for the duration.

 

beevul

(12,194 posts)
166. Right. In other words...
Thu Jul 23, 2015, 05:28 PM
Jul 2015

You don't actually have the authority to 'order' someone to put out their cig. Its not a chargeable offense on its own.

You have the authority to sidestep the issue and remove a person from a position where they can smoke, to a position where they can not.

Two very different things, in the eyes of most people.

I will probably tell you to exit the vehicle and keep your hands on the trunk for the duration.


You'd do this at the end of the stop, when the person is already signing the warning?

And if the person exits the car, cig in mouth, and follows your instructions to keep their hands on the car, then what?

You can go on and on about what you have the 'authority' to do, to your hearts content.

What you can't do, is make any case that its ethical or moral, and that's the thing that's going to be the end of the relative 'freedom' that currently allows misuse of such authority.





 

aquamarina

(1,865 posts)
180. Graham v. Connor, Michigan v. Summers, Muehler v. Mena
Tue Jul 28, 2015, 05:26 PM
Jul 2015

I just did a quick wiki search on these three cases and not a one mentioned anything about a cop's right to order a suspect to extinguish a cigarette. Not a one. Also, as a LEO, I would hope that you are aware that different jurisdictions have different rules regarding what is and is not allowed at traffic stops. So while you claim you have/had the right to make suspects put out their cigarettes this is certainly not the case in every jurisdiction.

Graham v. Connor 490 U.S. 386 (1989) was a United States Supreme Court case where the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person.

Michigan v. Summers, 452 U.S. 692 (1981), was a 6–3 decision by the United States Supreme Court which held for Fourth Amendment purposes, a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted.

Muehler v. Mena, 544 U.S. 93 (2005), was a unanimous decision by the United States Supreme Court, which held that the Fourth Amendment to the United States Constitution allows detention of an occupant in handcuffs while a search is being conducted, and that it does not require officers to have an independent reasonable suspicion before questioning a subject about their immigration status.

 

Lurks Often

(5,455 posts)
79. Keep in mind in may vary according to state law
Thu Jul 23, 2015, 08:23 AM
Jul 2015

I'm not arguing whether the request is legal or right or wrong, just that state laws can vary.

 

beevul

(12,194 posts)
80. Of that I have no doubt.
Thu Jul 23, 2015, 08:24 AM
Jul 2015

In any case, I believe very strongly, this is a power leo should not have.

Skittles

(153,193 posts)
29. all I know is what I would do
Wed Jul 22, 2015, 10:11 PM
Jul 2015

I would have put out my cigarette

I believe that is a routine request

a blow job? not so much

but that cop - like the McKinney pool cop, he escalated a situation without much thought

Uncle Joe

(58,417 posts)
30. There are several dynamics that come into play.
Wed Jul 22, 2015, 10:13 PM
Jul 2015

Is the police officer a racist?

Is the police officer suffering from PTSD or a very near like condition?

Was the officer correct in pulling you over in the first place?

Is the officer wearing a body camera?

Under every scenario it's alway wiser to be at the very least courteous to the officer, it will stand you in better stead should you be falsely arrested, abused or killed, should you or your family (if you don't survive) get your day in court.

Don't let your emotions get the best of you, no matter how you feel and you may get away with just a warning or a ticket.

Thanks for the thread, higherarkies.

hamsterjill

(15,224 posts)
120. Good post.
Thu Jul 23, 2015, 01:04 PM
Jul 2015

It is always best to say as little as possible, as well. Be compliant and be courteous but don't give more information than requested. The less that the authorities have on tape of YOU saying or doing anything, the less THEY have to use against you.

CBGLuthier

(12,723 posts)
31. There is a cop in Oklahoma who raped dozens of women who followed his orders
Wed Jul 22, 2015, 10:14 PM
Jul 2015

There are way too many bad cops in too many awful ways to always follow their orders.

CBGLuthier

(12,723 posts)
39. Because the QUESTION was should you always follow LEO's orders
Wed Jul 22, 2015, 10:24 PM
Jul 2015

Seems a perfectly germane response to the question asked.

No, he was not trying to rape her. He was trying to humiliate her and abuse her and instead he killed her.

 

Reter

(2,188 posts)
42. How do you know he killed her?
Wed Jul 22, 2015, 10:41 PM
Jul 2015

It could easily have been another officer who killed her in there.

7wo7rees

(5,128 posts)
40. No. Sandra should have never exited her car.
Wed Jul 22, 2015, 10:37 PM
Jul 2015

And no. When a officer of the peace/police officer is obviously out of control, never.

Phentex

(16,334 posts)
94. Police experts say they have the right to ask you to get out of your car...
Thu Jul 23, 2015, 09:27 AM
Jul 2015
http://www.latimes.com/nation/la-na-sandra-bland-arrest-experts-20150722-story.html#page=1

The news here reported the same thing this morning. She didn't have to put out her cigarette when she was in her car but she did have to get out of the car.

PoliticAverse

(26,366 posts)
96. There have been 2 US Supreme Court decisions affirming the right of police
Thu Jul 23, 2015, 09:31 AM
Jul 2015

to order you out of the car at a routine traffic stop:

Pennsylvania v. Mimms (1977): https://en.wikipedia.org/wiki/Pennsylvania_v._Mimms

Maryland v. Wilson (1997): https://www.law.cornell.edu/supct/html/95-1268.ZO.html

jonno99

(2,620 posts)
113. Wow - I'm sorry, but that is worst legal advice I've seen in some time. Call an attourney??! Good
Thu Jul 23, 2015, 10:12 AM
Jul 2015

advice - if you have the money - which MOST of us here don't.

Take a look at Lee Lee's comments in this thread...

Xithras

(16,191 posts)
144. Refusing to exit your car is a crime. You can be arrested for that alone.
Thu Jul 23, 2015, 02:56 PM
Jul 2015

The Supreme Court has already answered this one. The police have the right to have you exit your car. If you fail to do so and the officer had the intention to arrest you, the failure to exit ALONE can lead to a resisting arrest charge. If the officer did not intend to arrest you, he can do so after your refusal because you are refusing a lawful order (and if he didn't intend to arrest you, you refuse the order, he states his intent to arrest, and you STILL refuse to get out of the car, you can be charged with BOTH crimes).

Pennsylvania v. Mimms has been the law of the land since the 1970's.

Yes, I have an attorney.

 

mythology

(9,527 posts)
149. Is that the law firm of
Thu Jul 23, 2015, 03:46 PM
Jul 2015

Dewey, Cheatem and Howe?

Because that advice is just factually incorrect.

Sunlei

(22,651 posts)
129. thank you, 7wo7rees. She knew her rights, but should have requested a chief soon as cop started his
Thu Jul 23, 2015, 01:39 PM
Jul 2015

weirdness.

 

kelliekat44

(7,759 posts)
46. Sooner or later somewhere incensed people are going to start seeking person revenge against
Wed Jul 22, 2015, 11:25 PM
Jul 2015

bad cops. The best way is at the ballot box to rid cities and towns of the folks who put authorities in power who protect and even, in some cases are the evil perps.

 

cherokeeprogressive

(24,853 posts)
49. I'm pretty sure it ends somewhere short of a fucking blow job.
Thu Jul 23, 2015, 12:18 AM
Jul 2015

On edit I'd like to say I find this post suspect. Six weeks, only 16 posts, never rec'd a post. Normally those things in and of themselves don't send up flags, but you posted this before 5 PST and didn't bother to respond to a single reply.

Things that make you go hmmmm...

 

lumberjack_jeff

(33,224 posts)
50. blowjob? hyperbole much? but to answer your question, In general, yes.
Thu Jul 23, 2015, 12:25 AM
Jul 2015

We are all subservient to the law, and submit to its authority. That is what is meant by "social contract" or "consent of the governed".

But those cops are supposed to be deserving of the respect that "the governed" hold for the law, and that same law must hold them accountable for misuse of their authority.

WillowTree

(5,325 posts)
56. Substitute the words "submissive to" with "cooperative with".
Thu Jul 23, 2015, 12:46 AM
Jul 2015

Unless they're telling me to do something that is just not right IMO, I don't see any percentage in being confrontational with them, not that I've ever been a position where I would have wanted to.

I'm not saying that she deserved the treatment she got even a little bit, so don't even go there, but being uncooperative and argumentative........up to the point of swearing and sophomoric name calling.........certainly didn't do anything to improve her situation.

 

beevul

(12,194 posts)
63. Submissive? No.
Thu Jul 23, 2015, 01:51 AM
Jul 2015

What I'm about to say should not be taken in the context of "victim blaming' or the like...That being said...


My belief, is that a subset of the human species has an inate and possibly subconscious instinctive 'intermediate to strong' predatory urge. I firmly believe that while you'll run into that sort of behavior anywhere...the tire shop, the local store, walmart, etc, that positions of authority attract folks with those inate desires and behaviors. Its something that I don't believe can be turned off in individuals that have it.

Right or wrong, that's a conclusion I came to a long time ago, based on both my own interactions and the interactions of others, with modern day law enforcement. My grandfather was a MP in the service, then a police officer, then a detective, and retired a detective around 1980. He never exhibited this 'predatory' sort of behavior, and I believe strongly that its because he was a cop for decades before the war on drugs became the nexus for all things LEO.

Right or wrong, I believe that law enforcement is attractive to these predatory types. Very attractive. If I'm right about that, then the fact is, we are policed by many many individuals with predatory instinct. Though I can't prove it to be true, I believe it to be true, and I proceed as if it were the absolute widely known universal constant.

What is the most common sense rule one can have when one is subject to close proximity to predators on a semi-frequent to regular basis?

Do not be perceived as prey in any way shape size or form.

That's my rule number 1 when it comes to law enforcement. That doesn't mean you have to cower or be submissive. One can be firm and assertive without cowering or being submissive, and without being confrontational or provocative. On very rare occasions where rule number 1 fails, that's the tack I take.


I reckon that answers the OP.


Beyond that, I have an approach I've refined over the years, with the above in mind. The 'guts' of my approach, which I think of as a 'system of denial', are as follows:

First and most important: Deny them seeing you by blending in in plain sight. 'Blend in with the herd'. I can not stress enough or overstate how important this single point is.

Do not in any way acknowledge that they are around, and never ever turn your neck to look back at a cop that's just passed you. That's just 1 of many behaviors they're trained to look for. They're trained to observe the behavior of people. Surf the net. Learn what they're trained to look for. Your perceived reaction to their presence can very easily get you the wrong kind of attention. Understand how LEO works.

The above is far more important and critical than the below, but the below are still important:

Deny them probable cause to interact with you on a nonvoluntary basis, to the point where in order to pull you over or interact with you at all, they have to break the rules.

Deny them searching your house/vehicle if they ask to. Manage the issue so that if they're going to search, that its done illegally.



In a nutshell, understand as much as possible how they work, how they're trained, the things they look for, the rules they have to follow, and deny them an 'in' into interacting with you at every stage, to the greatest extent that you can.

RobinA

(9,894 posts)
117. Agree 100%
Thu Jul 23, 2015, 12:50 PM
Jul 2015

and never, ever answer the question, "Do you know what you did wrong back there?" or its corollary, "Do you know how fast you were going back there?"

 

lumberjack_jeff

(33,224 posts)
127. When pulled over, every cop I've ever met has asked one of two questions;
Thu Jul 23, 2015, 01:32 PM
Jul 2015

1) do you know why I pulled you over?
The answer to this question is always "No."
2) do you know how fast you were going?
The answer to this question is always "Yes".

Quayblue

(1,045 posts)
160. I completely agree with this post and particularly:
Thu Jul 23, 2015, 04:32 PM
Jul 2015
Do not in any way acknowledge that they are around, and never ever turn your neck to look back at a cop that's just passed you. That's just 1 of many behaviors they're trained to look for. They're trained to observe the behavior of people. Surf the net. Learn what they're trained to look for. Your perceived reaction to their presence can very easily get you the wrong kind of attention. Understand how LEO works.


this is one of my own golden rules.

Zorra

(27,670 posts)
64. Bite it clean off and let the fucker explain to the judge how this happened
Thu Jul 23, 2015, 02:07 AM
Jul 2015

on a routine traffic stop.

Nye Bevan

(25,406 posts)
68. Yes. Do what the cop wants, and file a complaint later, if appropriate.
Thu Jul 23, 2015, 03:01 AM
Jul 2015

There is no upside whatsoever to not obeying a cop.

HOWEVER, the penalty for NOT obeying a cop's every command should NOT be death.

KentuckyWoman

(6,692 posts)
69. Wrong fight.
Thu Jul 23, 2015, 06:21 AM
Jul 2015

You pick a fight with the cops you should expect to end up in jail at best and dead at worst.

The fight here is not whether Sandra should have complied. The fight here is she should have gotten her life saving meds once she chose to become a guest of the local slammer.

And to qualify.... I have a scar on my noggin and a right eye that doesn't behave thanks to a cop who didn't like the fact I was sitting out in the middle of the commons with my friends and refused to stand up and leave. It was after Kent State so I knew I could end up dead. It was a cause worth dying for.





 

Taitertots

(7,745 posts)
73. I mirror their behavior. If they're nice, I'm the nicest guy in the world.
Thu Jul 23, 2015, 07:45 AM
Jul 2015

If they arnt, then I treat them like garbage because they deserve it.

When they get uppity I just say "tell it to the judge when I take this to court".

PoliticAverse

(26,366 posts)
84. Per a Supreme Court decision a police officer can order you out of your car at a traffic stop.
Thu Jul 23, 2015, 09:02 AM
Jul 2015

If you refuse comply with such an order they can forcibly remove you.

 

Lee-Lee

(6,324 posts)
88. The traffic stop is the reason and is a detention
Thu Jul 23, 2015, 09:08 AM
Jul 2015

From the moment you are pulled over you are detained and in the officers custody until the stop has concluded.

During that time the officer can instruct you to stay in the car, get out and stand on the shoulder out of traffic, or even place you in the back of his/her car all at the officers discretion.

Sunlei

(22,651 posts)
91. the traffic stop is over after the police officer runs every computer check to see if their 'catch'
Thu Jul 23, 2015, 09:18 AM
Jul 2015

has anything he can tack on to the OMG, you didn't use your turn light, citation. Hand the ticket to the person and walk away.

 

Lee-Lee

(6,324 posts)
92. Yes- the stop is over once the officer has concluded it
Thu Jul 23, 2015, 09:22 AM
Jul 2015

In this case that means after he has explained the warning ticket to her, had her sign, and given her a copy.

Since that had not happened yet, the stop was not over and she was still detained.

 

beevul

(12,194 posts)
137. "Since that had not happened yet, the stop was not over and she was still detained."
Thu Jul 23, 2015, 02:18 PM
Jul 2015
"Since that had not happened yet, the stop was not over and she was still detained."


Quote Justice Ginsburg:

A police stop “may ‘last no longer than is necessary to effectuate th purpose.’ Authority for the seizure thus ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.”


In this case, the 'tasks tied to the traffic infraction' 'reasonably should have been completed" already, at this point.

The trooper is in the wrong.
 

Lee-Lee

(6,324 posts)
155. No
Thu Jul 23, 2015, 04:16 PM
Jul 2015

He had not explained the warning and had her sign.

It wasn't over, and his asking why she was usually upset is well within the allowable conduct of the stop.

Sunlei

(22,651 posts)
167. really stupid of police to ask why someone is upset! It's because a cop stopped them, duh!
Thu Jul 23, 2015, 06:32 PM
Jul 2015

If it's not over just say clearly, " its not over until you sign the ticket" and then move on to the next traffic stop, please.

PoliticAverse

(26,366 posts)
90. No. The traffic stop itself is enough to lawfully order a person out of the car.
Thu Jul 23, 2015, 09:18 AM
Jul 2015

There were 2 US Supreme Court decisions on this issue:

Pennsylvania v. Mimms (1977): https://en.wikipedia.org/wiki/Pennsylvania_v._Mimms

Maryland v. Wilson (1997): https://www.law.cornell.edu/supct/html/95-1268.ZO.html

Sunlei

(22,651 posts)
93. nope, that police officer violated the womans civil rights,trumped up a punishment felony charge to
Thu Jul 23, 2015, 09:23 AM
Jul 2015

ruin her life, knew she would sit in jail for days, and probably either drove her to suicide or did something to her that led to her death.

COLGATE4

(14,732 posts)
104. And you're basing this categorical assertion
Thu Jul 23, 2015, 09:55 AM
Jul 2015

that 'police officer violated the womans (sp) civil rights' based on what legal precedent?

Sunlei

(22,651 posts)
111. everything he did to her violated her rights, including the profiling to stop in the first place.
Thu Jul 23, 2015, 10:08 AM
Jul 2015

Another young, first year police officers- first kill.

Probably not his first 'traffic stop' troll that ended up in life ruining felony charges.

RobinA

(9,894 posts)
116. It Didn't Look Like
Thu Jul 23, 2015, 12:44 PM
Jul 2015

profiling to me. It looked like he was trying to write tickets for whatever he could. The stop was pretty lame, one of those "Doesn't he have any REAL bad guys to arrest," kind of things. But as cheap as it was, I'm not sure how he would have known who was in the car based on the dashcam.

Sunlei

(22,651 posts)
118. they can run the plate before they even stop 'some' people. a police car was behind her, before she
Thu Jul 23, 2015, 12:51 PM
Jul 2015

changed lanes. sometimes 2 cars work an area together intending to traffic stop as many as possible.

RobinA

(9,894 posts)
122. It Looked To Me
Thu Jul 23, 2015, 01:15 PM
Jul 2015

based on the dash cam that the stop was pretty opportunistic. He had just made another stop and happened behind this woman who moved to get out of his way without signaling. Like I said, cheap. His tone with her was pretty much the same as it was for the previous stop but he got annoyed by the cigarette and maybe her irritation and started down the road of very bad judgment. That's the way it looked to me, anyway.

Sunlei

(22,651 posts)
126. I used to live in Bellaire, texas and see their police make the 'cheap stops' all day long right
Thu Jul 23, 2015, 01:32 PM
Jul 2015

outside my kitchen window. lapel cams should be required of all police and open access to public.

COLGATE4

(14,732 posts)
141. You're just making a series of conclusory and legally
Thu Jul 23, 2015, 02:54 PM
Jul 2015

unfounded allegations. You have absolutely zero evidence of any racial profiling or of him violating her rights. This second point has already been explained on several posts of this subject - his actions in orderering her out of the car and to extinguish her cigarette are all perfectly legal according to the Supreme Court: (Pennsylvania v. Mimms US (1977); Maryland v. Wilson US (1997). Whether you choose to agree with it or not, what the Supreme Court decides IS the law of the land. His actions were in accord with the Supreme Court's holdings, therefore clearly not violative of her rights.

 

beevul

(12,194 posts)
147. "his actions in orderering her out of the car and to extinguish her cigarette are all perfectly..."
Thu Jul 23, 2015, 03:07 PM
Jul 2015
his actions in orderering her out of the car and to extinguish her cigarette are all perfectly legal according to the Supreme Court


Except he never actually DID 'order' her to put out the cig:

The first is just how rapidly Encinia escalated this confrontation. The officer never gives Bland a direct order to extinguish the cigarette — his exact words to her are “you mind putting out your cigarette, please, if you don’t mind?” So, even if Encinia did have the lawful authority to demand that she put out the cigarette, Bland reasonably could have viewed this as a request that she could refuse. When Bland did refuse, Encinia immediately orders her out of the car without taking the intermediate step of actually ordering her to put out the cigarette. This rapid escalation extended the length of the stop without a clear justification for doing so.

http://www.democraticunderground.com/10027001103

Any argument of 'officer safety' seems to have gone out the window once he handed her the pen (sharp pointed dangerous object) he carries in the left front pocket of his uniform, and that's exactly what he did, BEFORE requesting she snuff the cig.

How can the 'officer safety' justification be argued here, with that in mind?




COLGATE4

(14,732 posts)
150. It's like a cop telling you "stand up by the car, OK?"
Thu Jul 23, 2015, 03:53 PM
Jul 2015

Doesn't mean that he's making a 'request' for you to do it - merely a less confrontational way of ordering you to do something. You seem to think that this is somehow greatly significant. It isn't.

 

beevul

(12,194 posts)
151. It should be.
Thu Jul 23, 2015, 04:01 PM
Jul 2015
You seem to think that this is somehow greatly significant. It isn't.


It should be.

Its BS like this case that leads to me staying home on the holidays, and I'm just an average white guy.

COLGATE4

(14,732 posts)
153. Unfortunately, the average person's idea of how the law and
Thu Jul 23, 2015, 04:07 PM
Jul 2015

court systems "should work" doesn't mirror reality. There's nothing very mysterious about how to survive the typical police (traffic) encounter - in fact there are two excellent videos posted on this thread that explore this in great detail. Every driver should see them and take to heart the recommendations they make on how to behave during a traffic stop. It would save lots of people tons of aggravation and woe.

RobinA

(9,894 posts)
81. White Middle-Aged
Thu Jul 23, 2015, 08:34 AM
Jul 2015

female here. I do what they say up to the point where they want to search the car, at which point I would suggest they get a warrant. That has never happened. I have been stopped a few times and that hypermacho cop-attitude enrages me, but I keep a lid on it. I tell them and give them what they want but am not submissive, I would say I am compliant. I volunteer nothing and I keep sarcasm out of my voice, which can be a struggle. I have a friend whose husband is a police chief and I have eaten at his dinner table many times and truly like him. When some authority junkie stops me, I repeat, "It's an act, he sits down and eats with his family like a normal human and his kids love him." Over and over again until he's on his way. I don't argue about the ticket or do anything to prolong the encounter as I can resist the provocative swagger only so long before I am in danger of becoming mouthy.

nilesobek

(1,423 posts)
89. I might be stepping out on this one, but,
Thu Jul 23, 2015, 09:08 AM
Jul 2015

I think she's dead because she was black, period.

I've taken police beatings for popping off at the mouth bigtime, and profanely to officers. The only reason I'm alive is because I'm white, imho. After my worst beatdown, they took me to their ancient jail, pounding me in the elevator all the way. I was totally bloodied and beaten, I had big knots on my head from the billy clubs and huge bruises up my arms from super tight handcuffs.

I felt I had to get them back so I stuffed my socks in the sink, turned the water on, washed off as much blood as I could and passed out unconscious. When I woke up, the water was a foot deep everywhere. The jail was completely flooded. The flood damage was so bad that human excrement was draining through the ceiling into the judge's chambers and dripping down onto his law books and all his files. They were really angry and the beatings resumed, the other inmates were understandably angry with me too.

The local news still mentions me as the, "unidentified inmate," who caused 6.2 million dollars worth of damage to the jail. They blame me, not by name, for the County having to build a new, 30$ million jail.

They ratcheted up the charges on me, from a misdemeanor to multiple felonies carrying life. Eventually the charges were dropped after a long struggle. They now term the flooding, an, "accident."

I don't think I ever would have made it out alive if I had been black. The police want total subservience and the populace to live on their knees before them. Sandra Bland died from being a black motorist who didn't want to put her cigarette out.

Also, I'm making the jump of accusing the police and jailers of MURDER. (Sorry caps.) The tampered and sketchy video...the mealy-mouthed explanations from Texas law enforcement...the media attempts to smear Ms. Bland and cloud the issue. It all adds up to one thing to me. Ms. Bland was murdered and the groundwork is being laid to get this dirty cop off the hook.

kentuck

(111,110 posts)
103. Wow! What a story!
Thu Jul 23, 2015, 09:54 AM
Jul 2015

That will have to be in a movie at some time. What part of Texas, might I ask?

nilesobek

(1,423 posts)
172. When they brought me to court, finally, 3 weeks later,
Fri Jul 24, 2015, 05:59 PM
Jul 2015

(I was still bruised and beat up bad), the judge looked at me and asked: "Would you like to object to the way you have been treated? Have you been coerced in any way?"

I'd thought about making a protest about the beating but instead I told him they hit like little girls and this was nothing compared to what my Dad could dish out. I think that's what got my charges dropped, not protesting the beating.

 

Rex

(65,616 posts)
99. Yes, your life will depend on it. Even then, there is no promise that you will keep breathing.
Thu Jul 23, 2015, 09:38 AM
Jul 2015

Otherwise you might end up dead and unable to represent yourself in court against the murderers...er...officers.

Phentex

(16,334 posts)
100. I know. I think I would rather be out in the open where someone might see me
Thu Jul 23, 2015, 09:44 AM
Jul 2015

or record what was happening. I think I might keep my hands in the air the whole time.

 

Rex

(65,616 posts)
101. Me too. I would be very careful and slow to move an inch.
Thu Jul 23, 2015, 09:48 AM
Jul 2015

Cops are rage-triggered by such things as, "I know my rights".

jonno99

(2,620 posts)
105. Always? Well, if I know I was in the wrong (speeding, not full-stopping, etc.), why would I
Thu Jul 23, 2015, 09:56 AM
Jul 2015

not be "submissive" to his requests? He's just doing his job.

Give a cop a bj though? Uh, I'm going with a "non-violent 'NO' " on that one.

The whole "put out the cigarette" thing bugs me though. Why have to be told to put out the cig? I like a smoke-free environment when I'm working. I don't think it was an unreasonable expectation.

 

Rex

(65,616 posts)
110. Why ask to put out a cig, it is her car and he pulled her over.
Thu Jul 23, 2015, 10:01 AM
Jul 2015

Why did he have to go into instant roid-rage with her over a few snark replies? Is that the way law enforcement handles society now? All or nothing? Comply or die?

All the cop had to do was ignore her snark, write the ticket and be on his way. Now he will be up on charges, lose his job and all because he could not handle an intelligent black women telling him he was over-reacting.

So not only did he do JUST THAT, he made sure she was completely humiliated in public by treating her like an escaped fugitive.

RobinA

(9,894 posts)
121. I Don't Think
Thu Jul 23, 2015, 01:06 PM
Jul 2015

he over-reacted, I think he had a choice to make and he made the wrong choice. The cigarette could be a weapon, so asking to have it put out was not unreasonable. I do think that in his position you have to weigh when and how and IF to exercise your authority, and sometimes it's just better to abstain. He already knew she was irritated, HE was irritated by the cig, but he still should have asked himself what he was prepared to do if she refused to put out the cig, and was it going to be worth it.

It seems that the police are taught how to escalate a situation to get what they want, but not how to de-escalate so everyone can live happily ever after.

 

Rex

(65,616 posts)
145. I think you are spot on.
Thu Jul 23, 2015, 02:59 PM
Jul 2015

Some cops (for whatever reason) escalate situations sometimes to the point of being out of control, THEN the cop gets to pick their option as which way to 'disable' their now suspect (but before was just another innocent civilian).

 

beevul

(12,194 posts)
148. That argument falls flat on its face.
Thu Jul 23, 2015, 03:12 PM
Jul 2015
The cigarette could be a weapon, so asking to have it put out was not unreasonable.


That argument falls flat on its face.

He just finished handing her a ball point pen, which she attempted to use to sign the warning, which is far more dangerous as a weapon, than a cig.


What he did was a dick move power trip, that can not be justified under these circumstances if one looks at the timing of the events.
 

Rex

(65,616 posts)
143. There is an interesting thread now in GD, suggesting the officer made unlawful orders
Thu Jul 23, 2015, 02:55 PM
Jul 2015

and is a one year rookie.

 

Bluenorthwest

(45,319 posts)
108. I follow guidlines such as those from Flex Your Rights, a group that seeks to expand the
Thu Jul 23, 2015, 09:58 AM
Jul 2015

Constitutional literacy of Americans.
http://www.flexyourrights.org/

Ten Rules For Dealing With Police



BUSTED: The Citizen's Guide to Surviving Police Encounters



Knowledge = Life
 

Comrade Grumpy

(13,184 posts)
119. I know these guys. This is great information.
Thu Jul 23, 2015, 12:55 PM
Jul 2015

They DO NOT advise being antagonistic toward cops.

But they do tell you how to exercise your rights effectively.

 

HFRN

(1,469 posts)
128. an aquaintence in law enforecement shared these tips with me
Thu Jul 23, 2015, 01:34 PM
Jul 2015

Last edited Thu Jul 23, 2015, 05:25 PM - Edit history (5)

('Should citizens always be submissive to law enforcement officers?'---> No, but they should intelligently process that interaction - there is a difference between that, and submission)


1) you get lit up, pull over as soon as you can safely do so - put on your turn signal to indicate that's what you're doing

2) once you pull over, turn on your dome light if it's dark - dont be seen reaching around the vehicle (I do violate the rule of reaching into my back pocket, before the cop walks up, to get my license registration and insurance card to hand to the officer - ALWAYS KNOW EXACTLY WHERE THOSE 3 ITEMS ARE, AND KEEP THEM UP TO DATE!

3) have hands on steering wheel, window down, engine turned off (or keys taken out, put on dash)

4) have sunglasses off

5) do not reach for anything, without asking the cop first what you intend to do

6) most important, do not reach for anything while making eye contact, you might get the cop's gun pointed at you if you do

I'm a clean cut white male, and I always do this. The issues above are about showing a cop that you arent going to run, or pull a weapon, something they dont know, and have to estimate for themselves. That they can handle the stop without getting 'ampted up'

it goes without saying, that turning on the dome light presumes you dont carry illegal substances in your car, and that you dont drive while intoxicated. nobody is obligated to follow this advice, but if you do, your odds of getting an 'ampted up' cop go way down, and can in some circumstances, legitimately turn a ticket into a warning, as you're showing the cop that you do know and care about the safety issues of the circumstance (although, dont count on it or get angry if that isnt the result)

it's not about being submissive - it's about understanding, and cooperating with, the process that is occurring, that the cop has to process.

remember, you respect the uniform, not the person - and if you don't they take it personally, that the person isn't worth the respect of the uniform, and that's where a lot of cops get the chip on the shoulder

again, all of the above presumes that you (and any passengers) are not guilty of anything more than a minor traffic infraction, and that you KNOW there is nothing illegal in the car. if this isn't the case then look on the net for ways to politely but firmly invoke your rights (but try to make it the case (no serious illegal actions/possessions), to simplify your life)

EDIT: if, after all of this, the cop asked to search my car, would I let them do that? Well, that's never happened, and I think having the dome light on drastically reduces the probability of being asked, but if I were, I probably would politely decline. But again, the above actions suggest to the cop that I have no fear of a search (and I don't). The cops read that in how they size you up. Reading other comments, I realize I should have mentioned that while polite, I remain very businesslike and do not volunteer anything other than what's mentioned above - I cooperate with the stop, but I dont eagerly give up any rights

higherarkies

(34 posts)
135. Thank you.
Thu Jul 23, 2015, 02:11 PM
Jul 2015

Thanks to all of you for your comments. You have provided a virtual smorgasboard of food for thought, and I appreciate it.

One_Life_To_Give

(6,036 posts)
139. Being Dead Right isn't much of a victory.
Thu Jul 23, 2015, 02:33 PM
Jul 2015

When a 50,000 ton freighter is coming at your little sailboat. Forget what the NavRules say and get out of it's way. What is the point of being right if doing so makes you fish food?

We all have to decide Which hill we want to die on. Sometimes maybe it is the right thing not to take any shit. And sometimes it's far better to deal with pushing back at another place and time. Alone with a Cop on the side of the road is not the same as sitting in a civilian review board office or a court room.

mikehiggins

(5,614 posts)
140. I told my kids "never argue with a man who uses a gun"
Thu Jul 23, 2015, 02:41 PM
Jul 2015

My kids are whiter than white but I don't trust the police as far as I can throw them.

Years ago, as a young white teenager, I got smacked with a nightstick by an older, white Country Trooper in Westchester. His explanation was that it would show me who was in charge and who was not. Lesson learned.

At the least there should be intensive psychological screening before any man or woman is handed a Glock and told to "be careful out there." Of course, that would cost too much and who in their right mind would want to be a cop anyway?

BeyondGeography

(39,379 posts)
154. Sandra Bland's only mistake was treating Encinia like an adult
Thu Jul 23, 2015, 04:10 PM
Jul 2015

She gave an honest, and vulgarity-free, response to his comment that she seemed irritated (inappropriate question, which she nevertheless answered honestly and persuasively). All this child-cop could respond was, "are you finished?" (juvenile) then he asks her to put her cigarette out (he had no legal right to demand that) and things escalated, just as the cop wanted them to.

So the question in this case is about more than surviving by being "submissive." By the time the cigarette question was asked, Ms. Bland had been repeatedly baited by this cop.

From your OP, we obviously don't disagree. I just hope a world of hurt comes down on Brian Encinia for what he did here. It was against protocol, it was unsupported by the law and it led to the death of a human being.

maxsolomon

(33,400 posts)
162. Furthermore, she didn't refuse to put it out
Thu Jul 23, 2015, 04:37 PM
Jul 2015

She ASKED why she had to. Pretty reasonable from an irritated person.

BeyondGeography

(39,379 posts)
165. She was extremely reasonable
Thu Jul 23, 2015, 05:27 PM
Jul 2015

Much more together in her responses I would venture than most people would be under the circumstances, and spot-on about her rights. Thank goodness for the dash cam. Of course, at the end of the day, it only makes the whole thing harder to swallow.

 

1StrongBlackMan

(31,849 posts)
161. I mentor a group of young, (mostly) Black, males ...
Thu Jul 23, 2015, 04:37 PM
Jul 2015

Our take-away point for them is ... Be Respectful in the face of Law Enforcement disrespect ... do whatever you have to do (within reason) to get home safely ... and live to file the police report (with my organization standing behind you.

The most difficult part of these discussions is that our recommendations, run counter to everything that they identify with ... being respectful in the face of disrespect is seen as weakness ... and, doing stuff on command for no reason other than the Officer's assholery, e.g., get out of the car, answering a bunch of questions, turn out pockets, walk a line, sit on the curb, is a sign of weakness.

It is difficult to have ask them to hide their "Manhood" lamp in order to realize adulthood.

 

Comrade Grumpy

(13,184 posts)
171. Yes. It's very galling, but you don't win fighting cops on the street.
Fri Jul 24, 2015, 05:20 PM
Jul 2015

If you win at all, you do it in court.

kentuck

(111,110 posts)
173. I think that may be the biggest misunderstanding of LEO's?
Sat Jul 25, 2015, 01:05 PM
Jul 2015

Nobody wants to grovel before an asshole. However, sometimes discretion is the better part of valor.

Go Vols

(5,902 posts)
182. I gave them shit when I was younger
Tue Jul 28, 2015, 05:50 PM
Jul 2015

I found it best just to kiss their ass for the most part and go on.

Response to higherarkies (Original post)

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