Police officer turns back on man...REDUX

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As was suggested, let's try again:

http://www.youtube.com/watch?v=WTtk4iXv_xY

From old thread:

maybe you missed the second cop? the one with his hand on his gun and in position to cover the genius with the club

No, not at all. Both officers are actually looking at man #2 who appeared
unarmed and was still standing on the curb when man #1 (w/ club) walked
behind the officer who had initially been speaking with him. Man #2 appears
physically larger and would be psychologically perceived as the bigger threat.
Both officers focus their attention on man #2. Of course, nothing happened.
Good thing for everyone. Order was maintained as little old ladies continued
on their quest through the front door...
 
No one got hurt or killed. (at least in the clip) Cops made mistakes. Take it, learn from it, do better next time.
 
Watched COPS the other day. Detriot -- LEO apprehends a burglar, has the burglar up against the wall and then radios in "Suspect apprehended."

The suspect was not cuffed, restrained, nor checked for weapons. Suspect could have easily drawn a gun or other weapon while the LEO was using one hand to operate his radio. Or fled as he wasn't being "restrained."

Same scene the second suspect was apprehended inside the house, cuffed and put in the squad car --

"Do you understand your rights?"

"Do you understand your rights?"

"Do you understand your rights?"

"Do you understand your rights?"

"Do you understand your rights?"

-- Maybe a half dozen times. Legally if the subject said "yes" and later challenged in court that he had not been Mirandized (read and advised of his rights per Miranda) the court would rule that he had been denied his rights because he was not formally Mirandized.

That's grounds to waive an arrest.

Sloppy, sloppy, sloppy.
 
Ummm...
"-- Maybe a half dozen times. Legally if the subject said "yes" and later challenged in court that he had not been Mirandized (read and advised of his rights per Miranda) the court would rule that he had been denied his rights because he was not formally Mirandized.

That's grounds to waive an arrest.

Sloppy, sloppy, sloppy."


FYI not correct...only have to give Miranda if questioning suspect... I.e. Officer finds man stabbing person, tells him drop knife, the guy does... Cop can just arrest, take him to jail, let the detectives give Miranda... You couldn't throw out the case solely because right then and there the rights were not given... In general most cops do give miranda to CY(read their)A as it goes... "Spontaneous utterances" are fair game to, even if not Mirandised...
Miranda's case was thrown due to being formally questioned w/o knowledge of rights to attorney, silence(not to give evidence against oneself)... and actually it wasn't the case but rather the confession which was 99% of the case...
So not "sloppy sloppy sloppy", per se.
 
The "3 Cs":

Cops + Custody + Questioning = Miranda

Two "Cs" does not Miranda make. Yes, I'm aware that "Questioning" does not begin with "C." Someone came up with it , folks remembered it, and the name stuck.
 
I'll preface this by saying that I know mistakes happen in police work. I know I've made mistakes while working on the street; we are all human.

But, I can see the OP's point on this one. The first subject had a weapon in his hand, and the primary officer had his back to this party. Near the end of the clip the cover officer was also distracted with the second party, thus leaving his partner vulnerable, even if just for a couple of seconds.

Moreover, the primary officer left his gun side exposed to the first suspect for a period of a few seconds.

I don't like to try to play Monday morning quarterback with the decisions made by other officers, but I'm always willing to debate tactics.

As such, if the primary officer had moved a bit to his left, he could have kept both suspects in sight as he ushered them away from the polls. An adjustment by the cover officer would have also been helpful, to avoid a potential crossfire situation (keeping the so-called "L-ambush" in play).
 
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