Judge rules against Qualified Immunity for police officer who violated man's 4th Amendment rights.

[Canon Shooter]

It says that the court is not allowing the officer qualified immunity so we will see what washes out in the end.

That was a horrible decision. I would hope the cop is able to appeal that...

 

[JoeB131]

You are making up stuff you know nothing about

because you were not at the house that night

Right. The person who WAS at that house complained and a judge agreed with him. So there's that.

 

[Mac-7]

Right. The person who WAS at that house complained and a judge agreed with him. So there's that.

The judge is an obama flunky

based on what we do know the judge is wrong

 

[JoeB131]

The judge is an obama flunky

based on what we do know the judge is wrong

Except as you say, you weren't there.

The person who was there complained and a judge agreed with him that a cop throwing the cuffs on him for being at home was a bit much.

 

[j-mac]

Yeah, putting someone in cuffs because they are black, that sounds really "Cordial".

View attachment 603938

Bull freakin shit! Look, Real simple here...The call came in to check on the house, that there is a suspicious person in the house...The call is dispatched...An officer goes to the house, and a backup partner is also dispatched...Standard....Officer knocks on the door, and announces himself, checks to see if the door is locked, it's open....Officer waits.....Backup arrives in his car, so officer enters as backup is walking up.....Officer announces again, and asks person to come out of the back bedroom with hands visible....At that time the occupant is detained for a grand total of 42 seconds....and then removed from handcuffs....and the visit from there is just getting the story of the situation of why they are there in a home where the owner of the home is deceased....Once they get that they inform the occupant that the neighbor would be filled in so this doesn't happen again, apologize for the inconvenience and leave....

Now, this judge ruled wrongly. NOTHING was violated here...What the officers did was standard procedure. And IMHO, exemplary in the manner in which they handled the situation....Color has absolutely NOTHING to do with this...As far as the officers conduct...And, I think this will lose in front of a jury...

As far as the Judge in this that saw a violation, I'd like to see his opinion on the decision, and if that opinion is based on this political climate today, then he needs to be removed from the bench...It's as simple as that.

 

[j-mac]

Except as you say, you weren't there.

The person who was there complained and a judge agreed with him that a cop throwing the cuffs on him for being at home was a bit much.

That is procedure...For the detained, as well as officer safety.

 

[Mac-7]

Except as you say, you weren't there.

The person who was there complained and a judge agreed with him that a cop throwing the cuffs on him for being at home was a bit much.

his decision will hopefully be overturned

then he should be stripped of his black robe and removed from the bench

 

[JoeB131]

Bull freakin shit! Look, Real simple here...The call came in to check on the house, that there is a suspicious person in the house...The call is dispatched...An officer goes to the house, and a backup partner is also dispatched...Standard....Officer knocks on the door, and announces himself, checks to see if the door is locked, it's open....Officer waits.....Backup arrives in his car, so officer enters as backup is walking up.....Officer announces again, and asks person to come out of the back bedroom with hands visible....At that time the occupant is detained for a grand total of 42 seconds....and then removed from handcuffs....and the visit from there is just getting the story of the situation of why they are there in a home where the owner of the home is deceased....Once they get that they inform the occupant that the neighbor would be filled in so this doesn't happen again, apologize for the inconvenience and leave....

Again, the problem was they treated him like a perp until they found out he wasn't--- because he was black.

Now, this judge ruled wrongly. NOTHING was violated here...What the officers did was standard procedure. And IMHO, exemplary in the manner in which they handled the situation....Color has absolutely NOTHING to do with this...As far as the officers conduct...And, I think this will lose in front of a jury...

Maybe... or maybe they will get a jury of black folks who have all had encounters with the police where the cops treat them like perps, and will send a clear message that they are sick of that shit.

As far as the Judge in this that saw a violation, I'd like to see his opinion on the decision, and if that opinion is based on this political climate today, then he needs to be removed from the bench...It's as simple as that.

If you got treated the way this man was treated, Anger Issues, you'd still be screaming about it.

That is procedure...For the detained, as well as officer safety.

Really, I've had a bunch of encounters with the police, and they never slapped me in cuffs once. I wonder why that is... Wait.

OH YEAH, BECAUSE I'M WHITE

I actually did have an analogous situation in 2016. I had told my neighbor that I was going to be on a business trip for a week, but came back a couple days early. I opened the window to air out the place while I went to the store to run an errand.

My cat- being a cat - pushed out a loose screen and got out of the house, and my neighbor thought maybe someone might be in there. So she called our local squirrel cops.

When I got back, the officer DID take the opportunity to walk through the house with me and check my ID, but what he didn't do was slap the cuffs on me for "safety".

 

[JoeB131]

his decision will hopefully be overturned

then he should be stripped of his black robe and removed from the bench

Yes, because the last thing we want is the cops to start treating black people with dignity. Next they might start expecting stuff.

 

[otto105]

I don't normally deal with the mentally retarded. I don't have the training. So the last time:

SOMEBODY WAS IN THE HOUSE THAT DIDN'T LIVE THERE! THEY WERE NOT ONLY IN AND OUT OF THE HOUSE, THEY WERE OF A COMPLETELY GENERATION DIFFERENT THAN THE HOME OWNER.

If you have any more questions, please ask your aid to read this topic and explain it to you with crayons or however they relate to people like yourself.

I will refer you to the judges decision.

And will note that being black is suspicion enough for the police to violate an individuals rights is okay with ray.

 

[otto105]

It wasn't his home, it was the home of his coaches mother.

He had permission to live there for 2-3 months, so it was his home for that time.

 

[otto105]

Bull freakin shit! Look, Real simple here...The call came in to check on the house, that there is a suspicious person in the house...The call is dispatched...An officer goes to the house, and a backup partner is also dispatched...Standard....Officer knocks on the door, and announces himself, checks to see if the door is locked, it's open....Officer waits.....Backup arrives in his car, so officer enters as backup is walking up.....Officer announces again, and asks person to come out of the back bedroom with hands visible....At that time the occupant is detained for a grand total of 42 seconds....and then removed from handcuffs....and the visit from there is just getting the story of the situation of why they are there in a home where the owner of the home is deceased....Once they get that they inform the occupant that the neighbor would be filled in so this doesn't happen again, apologize for the inconvenience and leave....

Now, this judge ruled wrongly. NOTHING was violated here...What the officers did was standard procedure. And IMHO, exemplary in the manner in which they handled the situation....Color has absolutely NOTHING to do with this...As far as the officers conduct...And, I think this will lose in front of a jury...

As far as the Judge in this that saw a violation, I'd like to see his opinion on the decision, and if that opinion is based on this political climate today, then he needs to be removed from the bench...It's as simple as that.

Your description of the events is completely wrong.

Judge rules for Black man arrested in his new Monona home

Excerpt:

"By the time an officer arrived, Furdge had moved to a bedroom. From the front door, the first officer could hear Furdge inside and said, "You want to come out here?" But Furdge, who appeared to be singing or talking on a phone, did not respond.

After a second officer showed up, they entered the home without knocking or announcing themselves, or checking with the owner.

With guns drawn, they yelled, "Police — come out with your hands up." Furdge did. He was handcuffed and held briefly until more officers came, and learned from other neighbors that Furdge had permission to stay at the home. They apologized to Furdge.

The encounter was captured on an officer's body camera."



Why is your description so factually wrong?

 

[White 6]

It wasn't his home, it was the home of his coaches mother.

And only on 2 month loan, at that.

 

[Mac-7]

Yes, because the last thing we want is the cops to start treating black people with dignity. Next they might start expecting stuff.

We were not there

but it appears that the cops dealt with a dangerous situation without harm to themselves or others

 

[woodwork201]

First of all the guy was never arrested. Police often cuff suspects for their own safety until they can conclude what's going on. I've seen it repeatedly on the classic police show C*O*P*S. I also seen police do the same in my neighborhood. Perfectly legal as the officer explains he is not cuffing the person because they are under arrest. Secondly, what did you want police to do? Since you didn't read any of the past posts, I'll present a scenario I posted earlier:

You come home after being in the hospital for four days. You find your home ransacked and all your valuables gone. Like anybody else, you call the police. Here is how the conversation would go:

This is Mr. Woodwork, and my house was robbed while I was in the hospital.
Sorry to hear that, we'll send somebody down, what is your address?
111 Blaker street.
Oh yes, we were there the other day while your house was being robbed. Your neighbor called it in.
And you didn't do anything?
No we didn't, our officer knocked at the door, but nobody answered. Apparently they were on the phone or had some music on.
So what did your officer do?
Nothing, he just went back to his car and came back to the station.
Why didn't he go into my home to check things out???
We didn't know if he should be there or not, and we didn't want to violate his constitutional rights!

Tell me you'd be okay with this if it actually happened.

The neighbor didn't say the house was being robbed. The neighbor said there was a black buy sitting on the porch.

I don't care if the cops check it out. They had no reason at all to handcuff the guy unless you can show me that they handcuff everyone they talk to when investigating any potential crime. And, of course if they did, hopefully even you would be up in arms.

If the cop thought he was under such a threat by going in the house to save copper pipes, he should not have gone in; the copper pipes are not worth his life. Stay outside, get the megaphone. Get backup. I know there have been a lot of stories of ambushed cops these days and I don't want cops hurt. If they're that scared, use more defensive tactics.

In this case, though, when the cops made the resident aware they were there he voluntarily came into the room empty handed. A quick Terry patdown (unconstitutional on its own) would have proven he had no weapons. So what evidence was there that there was a threat to the two cops? One black guy who was cooperating and did nothing threatening except being black?

 

[JoeB131]

We were not there

but it appears that the cops dealt with a dangerous situation without harm to themselves or others

A guy in his own home is a "dangerous situation".

I mean, yeah, we should be glad this cop didn't go all Amber Guyger on this guy and shoot him while he was on his couch eating ice cream.

 

[Ray From Cleveland]

The neighbor didn't say the house was being robbed. The neighbor said there was a black buy sitting on the porch.

I don't care if the cops check it out. They had no reason at all to handcuff the guy unless you can show me that they handcuff everyone they talk to when investigating any potential crime. And, of course if they did, hopefully even you would be up in arms.

If the cop thought he was under such a threat by going in the house to save copper pipes, he should not have gone in; the copper pipes are not worth his life. Stay outside, get the megaphone. Get backup. I know there have been a lot of stories of ambushed cops these days and I don't want cops hurt. If they're that scared, use more defensive tactics.

In this case, though, when the cops made the resident aware they were there he voluntarily came into the room empty handed. A quick Terry patdown (unconstitutional on its own) would have proven he had no weapons. So what evidence was there that there was a threat to the two cops? One black guy who was cooperating and did nothing threatening except being black?

It's standard police procedure. If you don't like it, write to the various police academies. That's what police do. They called out the subject and he didn't respond. So they entered the house armed to protect themselves. No law against it. They put him in handcuffs for their own safety so they didn't have to hold the gun on the guy. Again, standard police procedure. After they figured out what was going on, they took the cuffs off.

When Can Police Place You in Handcuffs? - FindLaw

Many people associate being handcuffed by police with being arrested and read Miranda rights. However, there are several different situations, including but not limited to being arrested, in which police may place you in handcuffs or other restraints without violating your civil rights. So when...

www.findlaw.com

 

[Ray From Cleveland]

I will refer you to the judges decision.

And will note that being black is suspicion enough for the police to violate an individuals rights is okay with ray.

No rights were violated. How many more links would you like?

 

[JoeB131]

It's standard police procedure. If you don't like it, write to the various police academies. That's what police do. They called out the subject and he didn't respond. So they entered the house armed to protect themselves. No law against it. They put him in handcuffs for their own safety so they didn't have to hold the gun on the guy. Again, standard police procedure. After they figured out what was going on, they took the cuffs off.

Awesome. And now they and the cop can pay a huge fine for violating this man's civil rights.

 

[Ray From Cleveland]

One more time for the slow at hand....they had no reasonable suspicion

Yes they did. They were called out for strange man in a house in which he didn't live. They called him out and got no response. That's reasonable suspicion.