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1. bargl+(OP)[view] [source] 2020-05-29 15:55:19
Police can break the law too. An officer's actions may or may not be legal and that's determined after the fact in a court of law.

This doesn't happen all the time, but when police do break the law, or don't follow it correctly their actions come under scrutiny, data collected can be discarded from court, and even suffer personal blowback.

What you're asking is how did it happen? That's because it's illegal for a citizen to resist arrest (even unlawful arrest), so in the USA if you are being arrested, SAY you do not willingly submit, but DO whatever the officer tells you.

The thing many people forget is that the law doesn't happen just on the street in the US. It is a slow and flawed process, but police are just the front line of it, not the whole thing.

As someone else said, this will probably cost the police and city in a settlement.

Edit: Cops CANNOT just hold you for 24 hours. They have to have something to charge you with even if it's disorderly conduct. And you can then sue the local police if you have evidence that you were wrongly imprisoned. It is easy for cops to get cause so your chances of this are low, but it does happen. Once detained (with cause) I believe the 24 hour bit is true.

IANAL, this is based on my unprofessional research. I'd suggest you (everyone) do the same.

replies(3): >>monoca+S >>abeppu+a4 >>wnoise+kJ
2. monoca+S[view] [source] 2020-05-29 15:58:28
>>bargl+(OP)
> As someone else said, this will probably cost the police and city in a settlement.

It probably won't cost the police anything, it'll come out of the taxpayer.

replies(3): >>bargl+B1 >>mc32+V2 >>iso163+TG
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3. bargl+B1[view] [source] [discussion] 2020-05-29 16:00:49
>>monoca+S
Cities can cut jobs, fire police, put police on notice etc. You might not feel like that is enough, but you better believe that any officer who costs the police money is going to be punished. Maybe not equally to someone else but that's not what I was saying.
replies(1): >>monoca+n9
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4. mc32+V2[view] [source] [discussion] 2020-05-29 16:05:38
>>monoca+S
Not dissimilar to someone accused of harassment at work. It’s most typical the company pays and not the offender. People go after the money.
replies(1): >>monoca+I9
5. abeppu+a4[view] [source] 2020-05-29 16:10:32
>>bargl+(OP)
My understanding was in many states, the guideline for holding someone without a charge was generally 72 hours (where weekends and holidays can extend that period; prosecutors' right to not work weekends is more important than any of your rights ...), with a range of exceptions open for abuse (e.g. hold you for 48 hours, decide you're acting strangely and need a psychiatric hold, etc).
replies(1): >>bargl+p8
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6. bargl+p8[view] [source] [discussion] 2020-05-29 16:25:53
>>abeppu+a4
You are probably right. I don't think they have to charge you, but they do have to have cause. If there is video that they detained you without cause. I may have gotten my terms mixed up. In my understanding. Cause, is suspicion of a crime (disorderly conduct and resisting arrest are most commonly abused). Charge is the documentation of an accusation from the police of you breaking a law. The police also have to (are supposed to) document this interaction even if they don't charge you with a crime.
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7. monoca+n9[view] [source] [discussion] 2020-05-29 16:30:22
>>bargl+B1
> Cities can cut jobs, fire police

They can, but they don't because it would be political suicide.

replies(1): >>bargl+pa
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8. monoca+I9[view] [source] [discussion] 2020-05-29 16:32:39
>>mc32+V2
You don't get protected from criminal actions because you committed them at work though.
replies(1): >>mc32+sa
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9. bargl+pa[view] [source] [discussion] 2020-05-29 16:36:39
>>monoca+n9
https://www.wtae.com/article/police-department-shuts-down-af...

Can and does. I'm not saying this is indicative of what frequently happens. But there can be real consequences for the police officers based on lawsuits. I also recognize this was not being pushed down from the city. My statement was an example of how police departments shutting down affect police and how that can happen.

I won't argue that police are appropriately punished due to misconduct. I will argue that they are punished.

replies(1): >>monoca+ic
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10. mc32+sa[view] [source] [discussion] 2020-05-29 16:37:06
>>monoca+I9
Depends on the union.
replies(1): >>monoca+uc
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11. monoca+ic[view] [source] [discussion] 2020-05-29 16:44:01
>>bargl+pa
The closure of a two man police department when both of them got caught at the same time isn't really a great example.

In a larger department, neither would have lost their jobs, and the larger insurance would have handled it.

replies(1): >>bargl+nw
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12. monoca+uc[view] [source] [discussion] 2020-05-29 16:44:48
>>mc32+sa
No, it doesn't.
replies(1): >>mc32+9d
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13. mc32+9d[view] [source] [discussion] 2020-05-29 16:48:05
>>monoca+uc
So sexual harassment isn’t a crime? And Unions have never defended members?
replies(1): >>monoca+Ie
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14. monoca+Ie[view] [source] [discussion] 2020-05-29 16:55:01
>>mc32+9d
Most workplace sexual harassment isn't a criminal offence, no.

Sexual assault is, and there's nothing a union can do to protect you from that.

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15. bargl+nw[view] [source] [discussion] 2020-05-29 18:12:06
>>monoca+ic
I'm not going to scour the internet for these examples... I found one in 5 minutes. I assume there are more out there that would require me to spend more time than I'm willing to make the point.

You said doesn't happen. An absolute. I am saying it can happen and it's not the only form of punishment I'm referring to.

Police (the individuals) can be punished for their infractions. It doesn't happen nearly often enough (my opinion). But if you're saying it can't/won't happen I disagree with you. I'd even go so far as to say I believe you to be factually incorrect. While I will 100% change my opinion on this if given a study that proves this has never happened. It's easier for me to assert a shmeybe than for you to assert it never happens. All I need is one instance where as you need none.

Now if you want to say, that's not enough. We won't disagree at all.

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16. iso163+TG[view] [source] [discussion] 2020-05-29 19:02:18
>>monoca+S
It would make far more sense to take the costs out of the police pension pot, either the city pot (if it's a systematic problem) or the individual pot (if it's a "bad apple")
17. wnoise+kJ[view] [source] 2020-05-29 19:14:35
>>bargl+(OP)
> That's because it's illegal for a citizen to resist arrest (even unlawful arrest),

This varies state-by-state, actually. Even in those where it is legal, it is very foolish, of course.

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