We have another video of a police officer destroying the cellphone of a citizen who is filming an arrest in clear violation of her constitutional rights. New reports indicate that the officer holding an automatic weapon in the videotape below who is seen charging the woman and smashing her phone on the ground is a United States Marshal in California.
The video shows the woman standing out of the way while filming an arrest. She is actually backing up when an officer rushes her, smashes the phone on the ground and then kicks it before walking away. Unfortunately for the officer there was a second person filming and the woman asks “Did you record that?” She did.
We have been following the continuing abuse of citizens who are detained or arrested for filming police in public. (For prior columns, click here and here). Despite consistent rulings upholding the right of citizens to film police in public, these abuses continue.
The question is what to do with this officer absent some unknown reason for this assault. I cannot imagine the justification for such conduct. However, if it is as it appears, there is the question of whether this officer should be allowed to retain his position. The level of contempt for the constitutional rights of this woman is shocking. I would be very concerned about the judgment and the level of personal control that would be shown by this officer in other circumstances.
What do you think?
Regarding conservatives’ new found concern for constitutional rights because of the Wisconsin raids, Marc Randazza writes: “Welcome to the party.”
https://randazza.wordpress.com/2015/04/20/home-invasions-come-home-to-roost/
This often occurring situation is the barometer for our nation’s justice. If the cop gets away with this then the clouds are dark and still settling in. If he loses his job then there is a ray of sunshine. It would be interesting to plot a graph or two showing the number of times unpleasant police behavior has been filmed and the effects on the sanctity of the police.
” introduce some form of civilian license that requires training of all civilians on all civilians’ responsibility for proper conduct when engaged with any law enforcement personnel ”
You want us all to get licenses to be citizens???
“Our government is hiring thugs – those who have to have power to feel good about themselves – bullies. ”
Yes; see Wisconsin’s prosecutors for similar thuggishness.
So why do Democrats and Republicans want even more government control over our lives?
Do we really need more such videos, but involving thugs from the IRS, DNR, DMV, and healthcare?
How many more of these videos are needed to convince people the government has too much power already?
Appears that there may be more here than meets the eye. The woman civilian appears at least a bit agitated/argumentative with law enforcement personal who appear to be trying to ignore her … then law enforcement personnel appear to communicate to the rather angrily approaching US Marshal that “it’s her” (this does not absolve the US Marshal from guilt, but may hint that the civilian woman was not completely innocent of potential wrong doing not evident in the video’s visual). While of course there are Constitutional protections for civilians to record as Jon T reminds us – and – the US Marshal clearly appears to be guilty of certain lawlessness, could the civilian also be guilty of violating lawful instructions from law enforcement personnel during and/or before this video clip? A suspension/ temporary desk job is merited until this can be investigated.
Incident is another reminder:
1) Law enforcement needs to always video sights & sounds of engagements with public – for protection of both public and law enforcement. Over the last year there have been many controversies with each being unique. Sometimes law enforcement is wrong (i.e.: Officer Eric Parker in Alabama who used excessive force tackling and paralyzing a non-English speaking 57 year old man visiting from India, and Officer Michael Slager in South Carolina shooting and killing a fleeing man in the back), sometimes it is a tragic accident (i.e.: Officer Peter Liang in New York accidentally discharging his gun in a dark stairway, killing a man sitting nearby), and sometimes it is civilian lawlessness (i.e.: the DOJ validated case of civilian Michael Brown attacking Officer Darren Wilson in Missouri, resulting in Brown being shot and killed).
2) Ensure annual training/certification for all law enforcement on civil liberties of civilians, and obligations of lawful conduct by law enforcement.
3) As civilian drivers must pass driving tests and register cars annually, plus renew driver’s licenses, introduce some form of civilian license that requires training of all civilians on all civilians’ responsibility for proper conduct when engaged with any law enforcement personnel (clearly many are clueless). A common denominator across virtually all newsworthy civilian-law enforcement controversies is escalation due to provocations by civilians (disobeying lawful instructions, fleeing, assaulting, etc.). How many civilian-law enforcement incidents make the news when civilians completely followed lawful instructions of law enforcement personnel?
Our government is hiring thugs – those who have to have power to feel good about themselves – bullies. The same people in big bodies who still have the mindset of a child bully. It makes them feel so powerful. We need to pray for people like this that they turn from their sins and turn to Christ.
What Justice Holmes said. I’d also add, I’d like to know what the other officers did to report this incident, or are they mum on the matter?
First of all, there is no “Rule of Law” in America!
The US Supreme Court is corrupt and has a price tag for those corporations, I’m sorry, I mean persons, who have the means to buy the laws they want. In reality, all the courts have been corrupted and the stench comes from D.C.
Additionally, most Law Enforcement Agencies are also corrupted, hey I know, let’s have more Israeli Security Agencies train our Police and Sheriff’s Departments for war zone enforcement techniques and “WE” the American people can play the Palestinians similar to the “West Bank”.
Natural Law and Common Law allows humanity to protect ourselves in extremely adverse circumstances, like “Self-Defense”. All Legislative Law is subordinate to it. Oh yeah, let’s also mention all Regulatory “Laws” too because the Corrupt US Supreme Court declared that “We The People” are subordinate to them also.
Soon we’ll have guerrilla warfare in this country, courtesy of the US Government. Most LEO’s were aware of this coming to fruition a decade or more ago.
Neo
The officer in question has succeeded in exposing himself personally and the federal government to liability for assault and battery and malicious destruction of property. Whether he will be terminated is a different question, but the incident certainly suggests a temperament better suited to an occupation that doesn’t involve human interaction while carrying a deadly weapon.
Zero, that was offensive and inappropriate.
Coulda’ been worse…
Initial take downs that produce spinal injuries
Indian grandpa in Alabama: https://www.youtube.com/watch?v=E7tiEZmGHcI
last week’s Freddie Gray MURDER. His leg was not broke, his spine was snapped. https://www.youtube.com/watch?v=m7TZaLpHJhU
Citizens should be afraid–VERY AFRAID-of what our government is doing to us and to the USA!!!!!!!!!!!
He owes her a new phone at least. Guess she was not hooked to Bambuster. Don’t forget that Raylen Givens is a U.S. Marshall and this is what he would do.
Zero, what the hell does that mean anyway?
The marshal should be fired for ignorance of the law, excessive use of force, destruction of property, and stupidity.
This so called law enforcement officer needs to do some serious prison time in addition to being fired. I am only surprised that the woman was not arrested and charged as well.
Or Milwaukee.
Lotsa confiscating to be had there.
Sounds like the Marshall should move to Madison, Wisconsin.
Fit right in.
First and foremost he should be an Ex Marshall immediately. Secondly, he should be arrested and prosecuted for a minimum of assault with intent to do serious bodily harm and third he should be bright up on federal charges of violating this woman’s civil rights.
There is no way this man should be permitted to continue to act in any official government or police services capacity.
Once we decide what should happen with him because of what he was doing to this woman, I want to know what he was attempting to cover up. There may also be an obstruction charge.
Reblogged this on Eatgrueldog.