I Post Entirely Way Too Much
Join Date: Oct 2007
Location: Los Angeles, California
iTrader: 0 reviews
I can see how LEO's would argue that there may have been pre-existing issues that led to the response but I think it's pretty apparent the bias that most LEO's have in regards to minorities and their threat level. Is it unfounded? Not at all. I also understand that at the core of it MOST LEO's just want to be able to make it back to their wife and kids at the end of the day and they're not actively trying to discriminate anyone.
BUT.....I will also agree that detaining someone that has not committed a crime simply because he MIGHT be a threat is unlawful. Why? Number one, the bias is being made based on race. I get that a certain population in a certain geographic area has a propensity for crime but that doesn't circumvent their constitutional rights. Number two, constitutionally, as has already been posted, it is against both the 2nd and 4th amendment to do what the officers did with the black open carrier if no other probable cause warranted it.
I think the proper way to have handled the incident would have been for the first officer on scene to have surveyed the situation, follow the person(note that I didn't say "suspect" since that would connotate some sort of wrongdoing), call in backup first, then go ahead and do the stop. I would have no problem with backup having their gun drawn but not pointed at the person so as to be at the ready. Once the approaching officer has had a chance to determine the threat level he can signal the other officer and the other officer would then either holster his weapon or backup the approaching officer in taking the suspect into custody. In the case of the black open carrier that would have been an acceptable stop process in my view.
I get that the best and worst open carry stops may have been employed in the video but it would also seem apparent that the BOC was not making any threatening gestures so the response was overblown and, I would suspect, race had a large part to play in it so to try and gloss it over with this or that seems a bit naive.
BTW for those that claim he kept coming at the officer rewatch the video. Never did he come at the officer. Until the officer ordered him on the ground he simply kept walking in the direction that he was walking prior to the arrival of the officer. Once he was ordered to the ground he complied willingly and without incident. The response was overblown if their were no other extenuating circumstances. Also, he was never handcuffed as was mentioned in a previous post. Once the approaching officer determined that he was simply exercising his right to open carry it looked like he was just going to be questioned and released. I'm curious if there is any info on what happened to him. Was he arrested or was he detained, questioned and then let go?
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