You’re implying here that he failed to comply with lawful orders, which ones exactly did he fail to comply with? As I outlined before he was ordered to not roll his window back up again and he did not (even if he had, that alone is not a lawful order as no case law or Florida law allows an officer to order someone to roll it all the way down and keep it down for the duration of the stop). He was ordered out of the car (a lawful order as outlined by case law if the officer has reasonable suspicion that he is armed and dangerous. The officer makes no claim to the driver being armed and dangerous, much less having reasonable suspicion of such. This was not an armed robbery stop) and within 7 seconds was dragged out of the car. The driver never said no and was not given time to comply. While you must exit when ordered (again, if the officer has what he needs to make that order lawful), it is not reasonable to drag someone out after only 7 seconds.
If he had failed to follow lawful orders, why didn’t they charge him with that?
Having distain or reluctance are not illegal acts and are not grounds for reasonable suspicion that someone is armed and dangerous. While a person intent on hurting officers would likely have distain, they would be more likely to act cool and calm until they pull out their gun as to keep the officer from sensing a threat and reacting to it. There are also far more people who have distain for officers and do not which them harm. It is not objectively reasonable for an officer to believe that every person who does not show them sufficient deference is a safety concern, especially not a sufficient concern to justify physical violence against them.
If he had wanted to, why wouldn’t he have already done it? Why didn’t he pull out a gun (there is no indication by him or the officers that a gun was involved)? Why wouldn’t he have tried harming them as they pulled him out? Again, your what-ifs are not relevant to a discussion about the reasonableness of the officer’s actions. An officer doesn’t get to do whatever he feels like as long as he can imagine a possible harm.
Take a look at all of the officer’s actions and attempt to see them from a reasonable person’s perspective. He pulled over a guy for speeding, not armed robbery. He got upset only after the driver rolled the window up as he was walking away. He gave the driver only 7 seconds to respond before using physical violence. He punched the driver while he was handcuffed. He lied about a 25ft law and then expanded it beyond what the made-up law would allow. After 18 minutes of having him in handcuffs, he only started to write the citations, the whole reason for the stop, when a supervisor asked him if they were already done. Officers can only hold a personal as long as it would reasonably take to accomplish the goal of the stop, in this case to write the tickets. Every step of the way, the officer acting unreasonably. I don’t care if you can imagine a different scenario where he might have been justified. In this case he was not.
You’re arguing that we should defer to the officers because of a million imaginary what-ifs. That’s not how this works.
No. Absolutely not. “Officer safety” isn’t a blank check. Officer’s first duty is to the law and the constitution, even before their own safety. You don’t get to violate someone’s right because you were scared, especially when the officers never once mention a safety threat. The only thing they say when they pull out the driver is “when we tell you to do something, you do it.” You can keep imagining that this is about safety, but it’s transparently not. It’s about an officer who got butt-hurt when someone didn’t suck his dick hard enough.
You are not a cop I assume, which is why I said person. The legal standard is “reasonable officer”. The point still stands, nothing he did was objectively reasonable by the legal standard.
If I was a cop, I would recognize that I volunteered for a dangerous job where my primary responsibility is to the rights of the citizens I supposedly protect. I would not violate someone’s rights just because I had a completely unjustified fear. Are we just going to brush past the fact that this unjustified fear just happened to be directed towards a black man? That must just be coincidence, right?
Well, no it’s not. The courts determine what is reasonable and legal. The cop doesn’t get to violate rights or laws even if he thinks the situation warranted intervention. He must have an objectively reasonable and legal reason for that intervention. Short of that, what he did was unreasonable and illegal. That’s the whole point. And again, you haven’t pointed to a single thing he did as showing non-cooperation, especially not enough to warrant all that followed in a legal way. As I’ve outlined numerous times now, he didn’t refuse any order given. The only one he didn’t comply with fast enough for the officer was the order to exit in which the officer gave him 7 seconds before resorting to violence.
It’s shocking how little you understand about how this all works. QI gives them legal protection for things that are not well established at the time of the interaction. It gives them cover for interpreting a law in the grey. Pulling someone out without reasonable suspicion they are armed and dangerous is not a grey area, it was decided by the Supreme Court decades ago. Not using excessive force is per-se well established (meaning QI does not apply when using unreasonable and unjustified force, like say punching a handcuffed suspect). I’ll gloss over your completely insane framing of officers as “putting their lives on the line” and “willing to wade into this shit” and just say, do yourself a favor and look up the Castle Rock case and Uvalde before trying to suck them off next time.
I don’t give a shit about sports ball or this guy in the slightest. I had never even heard his name until this news broke. This isn’t about “not being polite enough”. The driver was treated in an illegal manner by a power-tripping cop because he didn’t act as nicely and apologetically as this officer thought he was entitled to. That officer can get fucked. And the fact that the police union stated their full support of him before the video even came out should tell you something.
What exactly would you suggest to make things better? This kind of talk online led to the largest protests in American history just a few years ago and after months that led to nothing. And you aren’t here advocating for change, you’ve been defending the officer and presuming he is right about everything this whole conversation.
Oh yes, the classic “our job is so hard, why don’t you try it”. Got any more stereotypical cop defense lines you wanna throw out? Maybe a “he should have just complied” in there? No thanks, I have too much self-respect to be a pig. That being said, I don’t have to be a quarterback to know when a footballer makes a bad play. I don’t have to be a doctor to know not to listen to a quack. I don’t have to be a cop to know a power-tripping tyrant when I see one.