USA - Can a cop legally be very rude and abusive? - Need advice

[blahaha]

The following story did NOT happen to me. I am simply telling it in the first person to make it easier. All names are imaginary.

I'm 18 years old. My best friend is Crazy Mofo. Il'l call him Crazy for short. Our neighbor who was with us is Hippy. Hippy was drunk at the time but he's drunk 24/7 so it wasn't unusual. Crazy and I had about 4 beers a piece (just a buzz for us, not drunk at all). These next three paragraphs are just what happened before the incident, I wanted to make sure there was enough info. To read about what the cop did to us skip to the paragraph bolded at the beginning.

Me, Crazy, and Hippy were going two neighborhoods over to see one of Crazy's friends. He was going to get some head while I bought a pill and we chilled. Hippy and I were waiting in the car while Crazy was talking to the lady on her front porch. Two other guys we know (we'll call them Douchebag numbers 1 and 2) live right across the street from this lady. We didn't even know they lived there. They started walking across the street to this yard. Crazy hollered at them to come back in 5 minutes, he was trying to talk to this lady. They stood in the street but slowly kept trying to walk up to the yard. Crazy said it 2 or 3 more times, "just give me 5 minutes." I was in the car so I didn't hear the exact words exchanged, but Douchebag #1 started talking shit and his brother #2 just followed him and did what he did. Crazy can be an intimidating person so somehow Douchebags 1 and 2 walked back home. We thought it was all cool.

The Douchebag brothers walked out to the street with two other dudes and their dad. They were all waving sticks in the air and hollering like fucking barbarians. I jumped out of the car because I'm not about to let Crazy get his ass beat by himself. Somehow Crazy and I scared them enough to where they wouldn't come to the street. They told us to come to their yard if we weren't pussies. I hollered something like, "It's 6 on 2 and ya'll have sticks and shit, if you're the men here put those sticks down and come on!" Mike told them since they wanna try and fight us 6 on 2 with weapons and shit, we're gonna ride over to our subdivision and get a few friends to make it even. Anyways, we came back by ourselves and they wouldn't get off their porch. We just sat in the car in the road for about 30 seconds. We NEVER went in their yard. After we left a cop passed us. We waited until he was out of sight then we hauled ass back home.

We pulled up at Hippy's house to get a beer cuz we were pissed. Crazy jumped inside really fast and I turned my head because I was like wtf. I looked back towards the street and a cop was right there. I was like damn.. now I know why Crazy was in a hurry. I didn't know until about an hour later but he ran to the woods and hid out until the cops left.

Here is where I'll tell the story about the cop. The cop pulled up, Hippy was on his front porch and I was leaning against his car. I told Hippy to talk to the cop since it was his yard. The cop asked Hippy if he was the one driving the car (Crazy drove) and he said yeah that's my car. Hippy wasn't obviously drunk but the officer smelled it or something. He slapped the cuffs on hippy and threw him in the car. The cop then turned to me. He said were you in that car? I said yeah, I rode with them, but I don't see what the problem is. The cop started cussing like a sailor with tourette's syndrome. He said something like "you know god damn well what the problem is, put your hands on the car." He asked me if I had any weapons, blah blah blah, I said no. He told me to spread my legs so he could search me. I thought I spread them far enough, but he kicked both of my feet and made me almost do the splits. He kicked my legs far enough apart it hurt and I was like, "Damn man you want me to do the splits while I'm at it?" He also gave me a major fucking wedgie by the way he was searching me. He wouldn't let me get it out. He threw my keys and cigarettes on the ground. He took a bottle of mace out of my pocket and asked me why I had it. He also threw that on the ground. I guess I told him something right because he didn't say anything else about the mace. When he was putting me in the car, his seat was so far back my shoe wouldn't fit inside. I was like hold up, my shoe won't go in. He shut the door on my foot twice. I had to yell at him to tell him my foot wouldn't go in. Finally I scrunched my legs up and got them in. The whole ride, he cussed at us like every other word. He also had a very loud tone the entire time. He said stuff like, "I don't have time for this bullshit, you fucking punks got me out here for this shit when I can be busting real fucking criminals god damn." He seriously talked like that the whole time. I was calm and I never admitted anything. I asked him if I could call my lawyer and he said something like "fuck you you can get a phone call later." He said fuck you a lot. I tried talking to him, I was like, "Man I don't even know what the problem is, can I just tell you my story and try and sort this out?" Of course he just yelled and cussed some more. About 10 minutes down the road I was tired of his bullshit so I said, "hey, cop, can I just smoke one last cigarette before you take me to jail?" LOL. He said no but I figured as much. Luckily the people who called the cops called back and said they weren't pressing charges on me and Hippy, just Crazy. Crazy was long gone though.

We didn't find out until the cops left and we were drinking a beer, but the cop took my $70 pair of gloves and Hippy's cell phone with $23 in prepaid minutes on it. He took them while he was searching the car for weapons and whatnot. He never even told us. The cop wouldn't even tell us WHY we were being arrested. We asked several times why were we being arrested and what are the charges. He just cussed and yelled some more.

Can a cop do this shit?! Now I wanna whoop his ass! With the law of course.

Of course that wasn't me in the story, it was someone I know. Can he do anything about this?

[Laszlo1]

Swim isn't sure, but unfortunately, he feels like the answer is yes, a cop can be like that. Cursing is part of some cops big tough guy image that they use to intimidate people, and swim has learned that it's often best to just go with it, and act afraid/apologetic, otherwise you'll only anger the cop more. Also, when swim was confronted by police a few weeks ago, they told him and his friends that they could legally take anything from the swimmers as "evidence" they said things like, cellphones, shoes and belts could all be confiscated. Many cops are real jerks, swim feels your pain.

[blahaha]

I think the most illegal thing he did was that he wouldn't tell them why they were being arrested. Isn't he supposed to read your rights too? I guess I can see how "confiscating" stuff can be a stupid way for them to legally steal shit.

I'm surprised he didn't say anything about him having the cigarettes, you gotta be 19 to have them in this state.

This just reminded me of a time when my mom got arrested for disturbing the peace. She got out the next day but they stole like half of a legal script of lortabs and all her paper money, they just gave her change back.

This stuff makes me hate cops even more.

[newgrower]

I think that you can be detained for a period of time before being arrested. So if you're not under arrest, there are no charges so they don't have to tell you anything or read you your rights.

From Wikipedia:

Pre-charge detention refers to the period of time that an individual can be held and questioned by police, prior to being charged with an offence.

Maximum period a person may be detained without charge USA 2 days

Being arrested is not a enjoyable experience. So avoid trouble like this and always be nice to cops when stopped or questioned - it's the best way to avoid getting detained or arrested. Though it doesn't sound like swiy was rude or that it would have mattered in this case (except for the possibility of getting a resisting charge).

[Woodman]

Blahaha,


1'rst, know your civil rights.

2nd, Don't go looking for trouble:

Originally Posted by blahaha

Mike told them since they wanna try and fight us 6 on 2 with weapons and shit, we're gonna ride over to our subdivision and get a few friends to make it even. Anyways, we came back by ourselves and they wouldn't get off their porch. We just sat in the car in the road for about 30 seconds. We NEVER went in their yard.

I have no idea where you went nor why you came back. Just know that you really fucked up by returning.

3'rd, now that the cops and assholes who threatened you are primed to react, I suggest you buy a web-cam before you decide to visit that lady again.

Be sure the camera works properly before you go, and be prepare to be as nice as possible, even as you're getting your ass kicked, knowing that it's all being recorded.

...and lastly, if you decide to do this, find someone tech savy who can help you on this little project. Don't go it alone because you stand a greater chance of fucking the whole thing up.

That's just my 2 cents.

[Panthers007]

Woodie: Filming cops can get you busted for "Felony Wiretapping" now. This law is being enforced since the Patriot-Act came to town. We wouldn't see Rodney King getting beaten up - we'd see the photographer going to jail. This happened to a friend of mine. Independent journalist by trade. He fought and lost.

A camcorder can get you busted. Or it can be destroyed. So never carry A camcorder - carry a friend with a second camcorder. Out of sight. Good lux-rating. Don't let on there is a second one and be prepared to act horrified when the first camcorder is smashed on the ground by the gestapo. Then it's high-ho, high-ho - off to the lawyer's office and cable-access station you go!

Yippie!

(back yonder before the Patriot-Act, a camera was a formidable tool in the War For Justice. I have a lovely shot of a cop hiding his face with his hat and running away from me - good shot of his fat ass in action)

[Woodman]

Originally Posted by Panthers007

Woodie: Filming cops can get you busted for "Felony Wiretapping" now. This law is being enforced since the Patriot-Act came to town. We wouldn't see Rodney King getting beaten up - we'd see the photographer going to jail. This happened to a friend of mine. Independent journalist by trade. He fought and lost.

Hmmm..

Thanks you, Panthers.
Sorry to hear about your friend.

Could you please provide the specific US code that was cited in that case, to include specific wording in applicable subchapter, so that we might all be able to disect it further.

With many minds at work, perhaps we might discover a flaw under which your friend might be able to find some measure of just recourse.

If nothing else, it seems to me like it would re-define (in specific terms) new limitations to rules of evidence, and perhaps even due process, under the patriot act.

Those specific terms are important, and I think we should all be familiar with them.

Please post them as soon as you can.

...okay, wait!

If camera will get you arrested, why wouldn't the 2n'd camera get you arrested as well ...

Originally Posted by Panthers007

A camcorder can get you busted. Or it can be destroyed. So never carry A camcorder - carry a friend with a second camcorder. Out of sight. Good lux-rating. Don't let on there is a second one and be prepared to act horrified when the first camcorder is smashed on the ground by the gestapo. Then it's high-ho, high-ho - off to the lawyer's office and cable-access station you go!

I don't understand this!

Please clarify.

[Lunar Loops]

Originally Posted by Woodman

...okay, wait!

If camera will get you arrested, why wouldn't the 2n'd camera get you arrested as well ...



I don't understand this!

Please clarify.

I presume that Panthers is only implying the use of covert camera work; using the first as a decoy and the second well hidden (still against the law, but only if you get caught).

[Lunar Loops]

Originally Posted by Woodman

If camera will get you arrested, why wouldn't the 2n'd camera get you arrested as well ...



I don't understand this!

Please clarify.

Woodman, the above quote was why I responded as I did. Aplogies for misinterpretation.

Like you, I'm intrigued by this 'law'. The linked report that Oldhippie posted mentions that the reporter was "charged with obstructing governmental operations". That seems like one hell of a catch-all to me. Just how you are causing any form of obstruction by taking pictures from a distance away is beyond me.

Another mentions being arrested for taking pictures of senators. So, what we are really saying here is that you can be arrested for taking pictures of any governmental figure or member of the civil and (I presume by extension) armed forces? Surely, this makes the job of a reporter a potential minefield?

In reality this seems like the physical taking of a photo itself is not illegal, but if an authority figure takes exception to it, it can be made to appear illegal. There does not appear to be any one single law, but a selection that the 'offence' can be aligned with.

Anyone care to elaborate?

[allyourbase]

its not their job to be "nice" or "friendly". but it is their job to serve the common good. one would imagine that dealing almost incessantly with the less pleasant aspects of society takes a lot out of a person, and police are people too. swim has learned it is just best to be as diffusive as possible in all situations regarding the police. try to make them laugh, if you cant then say as little as possible until the end of the encounter. SWIM's advice is tried and true, swim has no criminal record of any sort (aside from one or two filed "disturbance" reports, none of which swim was charged for)

Reputation Comments on this post:

Very good post.

[Panthers007]

Correct Lunar Loops - covert. I'll go find the Felonty Wiretapping statute when I get a chance. I'm sure you can find it as well. The case in point is: Manzelli v. Massachusetts.

[Woodman]

Thanks, Lunar.

I think I've got that part, but I'm still trying to understand the "law" that was been broken in the case of panther's friend.

It is outrageous that cops should be allowed to get away with this!

Police routinely video the public, so I don't know how it becomes illegal for any citizen out in a public area to film police, unless you are actually following a cop around and filming him everwhere he goes (which could easily amount to obstruction of justice).

Since "Feloney Wiretap" is cited, it becomes important to examine the spceific wording in order to get a comprehnsive understanding of the range of restrictions that we are expected to follow under the law.

[old hippie 56]

http://www.nwaonline.net/articles/20...rarrest1st.txt
Reporter arrested for taking pictures of a house fire.
Some arrested in Denver for filming senators and others.

Google "reporter arrested for taking pictures", you might be surprised at the sheer number.

[Panthers007]

It means no more public picture-taking unless you have express permission from all parties. Is this enforced? Yes - if the pictures are of something the government/it's cops don't like. So it is selectively enforced. My friend was arrested for filming/recording an anti-war demonstration on the Boston Commons. Public land. Cop lied and then admitted he didn't like those who opposed the war.

Regards rude, nasty cops: A cop swore his head off at me for talking a drive around a pond next to my house. Some Nazi (Greek military-junta emigree) had complained he "don't like your kind, boy." The cop fucked me for 1/2 an hour and told me I couldn't return to the pond my property abutted. Another neighbor on the pond was the head realtor in the town. I told him about being fucked by this cop and ordered never to walk or drive around. He made some calls and foreclosed the cop's mortage. He offered to do the same to all the other cops if they ever fucked me again for being near our pond. The cops never did that again.

[drug-bot]

heres some info on the case panthers was talking about regarding his friend http://www.brianharer.com/appeal/

[Future_Narc_Officer]

Here is the link to a video of a Baltimore, Maryland, U.S.A. cop being rude and abusive:

youtube.
com/watch?v=nibTHkAyhsg

Wow, I just found another video of the same police officer. He's a real dick head!

abc2news.
com/mediacenter/local.aspx?videoId=8229@wmar.dayport.
com