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Thread: Kentucky police officer fined $2 for striking handcuffed suspect multiple times

  1. #1
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    Kentucky police officer fined $2 for striking handcuffed suspect multiple times

    Not OC but it says a lot.
    Would like to know the rest of the story.

    http://www.foxnews.com/us/2013/03/09...est=latestnews


    Mike

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    So a jury of the plaintiffs peers awarded him the minimum amount allowed by law?Did anyone see the video of the LEO poking the young man in the throat? The PD is still reviewing the case for disciplanary action of its own.
    Also did the plaintiff argue this case Pro Se?

    TIA

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    Regular Member WalkingWolf's Avatar
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    Is official misconduct a felony in Kentucky? Wow 2 bucks for misconduct, unbelievable.

    Class A misdemeanor

    http://www.lrc.ky.gov/krs/522-00/020.PDF
    Last edited by WalkingWolf; 03-10-2013 at 12:56 PM.
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    Last edited by Nomad08; 03-10-2013 at 02:34 PM.

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    The video of the incident looks a little like that "third degree" questioning SCOTUS talks about in Miranda vs Arizona.

    The video of the cop's testimony certainly sounds like he lost his temper when he thought the suspect was lying to him, which implies the cop was questioning the suspect. So much for the right to not be compelled to give evidence against oneself.

    I wonder why there was no mention of the 5A implications? English-speaking people only spent hundreds of years wresting recognition of that basic human right from government and church.
    Last edited by Citizen; 03-10-2013 at 03:25 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    Regular Member papa bear's Avatar
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    Quote Originally Posted by Devin Hutchison View Post
    Guy was a robber and got slapped around. He shouldn't have been fined or charged at all.
    Devin, you live in Louisville. that could have easily been you hand cuffed and beaten. you do not abuse a prisoner period.

    if someone is helpless and at your mercy you are to treat them like a human. let alone the constitutional rights violations

    i hope if you decide to carry, that you are not abused like this
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    Quote Originally Posted by papa bear View Post
    Devin, you live in Louisville. that could have easily been you hand cuffed and beaten. you do not abuse a prisoner period.

    if someone is helpless and at your mercy you are to treat them like a human. let alone the constitutional rights violations

    i hope if you decide to carry, that you are not abused like this
    According to his signature line he already carries. That does not lessen your point though.
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    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by Devin Hutchison View Post
    Guy was a robber and got slapped around. He shouldn't have been fined or charged at all.
    Let's just say one day you are out toddling around town on foot Devin & as you walk by a bank you hear freeze mother fu@ker from behind then in an instant pop, pop, pop. You're dead with three 40S&W rounds in your head. Why? Because this same officer who was never held accountable for his poor judgement and lack of self control thought you may have robbed the bank and presented a deadly force against him because of the Glock17 on your side.

    Yep you're right Devin, this guy should never be held accountable because he has shown great reasoning skills and sound judgement... Carry on and hope you never run into your hero on the streets. Being a CRIMINAL is wrong, no matter what side of the badge it's from.

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    Last edited by FreeInAZ; 03-11-2013 at 12:28 AM. Reason: Link to Devee's website
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    Quote Originally Posted by Devin Hutchison View Post
    Guy was a robber and got slapped around. [The cop] shouldn't have been fined or charged at all.
    Huh!?!?!

    If you had any concept of what it cost to obtain the right against self-incrimination, what happened to people for who the government refused to recognize that right, and what it has cost to maintain it across 200+ years, you wouldn't say that.

    Separately, you knowing after the fact that the suspect was a robber can in no way legitimize the police rights violations. You can say exactly the same thing about Fourth Amendment violations--illegal searches or seizures: "He had drugs in the car. The cop shouldn't be penalized for searching the car illegally."

    Its not up to the cop to mete out punishment. Especially over answers given during questioning! This case has "5A violation!" written all over it.

    By supporting the actions of a cop who himself characterized his actions as wrong on the witness stand, you are helping to enable other cops to violate rights. "He's a criminal; rights just get in my way. I'm going to do what it takes to get him."



    There is a very good book on the 5A: The Origins of the Fifth Amendment: The Right Against Self-Incrimination. By Leonard Levy. Its still in print in paperback. It won a Pulitzer Prize in history around 1970.
    Last edited by Citizen; 03-11-2013 at 08:58 AM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  10. #10
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Devin Hutchison View Post
    Guy was a robber and got slapped around. He shouldn't have been fined or charged at all.
    And this same officer may not like Open Carriers anymore than robbers, good luck in your interactions with him.
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    Sooo all ya have to do is handcuff a cop and you get one shot per dollar in KY ..... sweeet

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    Quote Originally Posted by Devin Hutchison View Post
    Guy was a robber and got slapped around. He shouldn't have been fined or charged at all.
    I'm glad to see that you still don't get it. If you would like to move to a true police state, I'm sure we can all chip in and make it happen for you. Besides, how do you know he was a robber? I didn't see a jury in the video. Or do you believe that due process is silly,too?
    Last edited by self preservation; 03-11-2013 at 05:54 PM.
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    Regular Member self preservation's Avatar
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    Quote Originally Posted by Citizen View Post
    Huh!?!?!

    If you had any concept of what it cost to obtain the right against self-incrimination, what happened to people for who the government refused to recognize that right, and what it has cost to maintain it across 200+ years, you wouldn't say that.

    Separately, you knowing after the fact that the suspect was a robber can in no way legitimize the police rights violations. You can say exactly the same thing about Fourth Amendment violations--illegal searches or seizures: "He had drugs in the car. The cop shouldn't be penalized for searching the car illegally."

    Its not up to the cop to mete out punishment. Especially over answers given during questioning! This case has "5A violation!" written all over it.

    By supporting the actions of a cop who himself characterized his actions as wrong on the witness stand, you are helping to enable other cops to violate rights. "He's a criminal; rights just get in my way. I'm going to do what it takes to get him."



    There is a very good book on the 5A: The Origins of the Fifth Amendment: The Right Against Self-Incrimination. By Leonard Levy. Its still in print in paperback. It won a Pulitzer Prize in history around 1970.
    I don't want to sound like I'm busting the chops of an OCDO member, but this guy has advocated for people to give up their 4th Amendment rights more than once on here, and now it seems that he doesn't believe in the 5th Amendment. He seems to support the 2A, but that's about it. I do believe that he is 18 or 19 years old so there may be hope for him yet. But for the love of God he needs to see the big picture.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
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    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by self preservation View Post
    I don't want to sound like I'm busting the chops of an OCDO member, but this guy has advocated for people to give up their 4th Amendment rights more than once on here, and now it seems that he doesn't believe in the 5th Amendment. He seems to support the 2A, but that's about it. I do believe that he is 18 or 19 years old so there may be hope for him yet. But for the love of God he needs to see the big picture.
    I was thinking about this other day. Not in terms of Devin himself, but people in general.

    You see, in order to evaluate a piece of information, one needs another piece of information of similar magnitude. For example, if I rushed into the kitchen and announced there was a blue cow in the front yard you wouldn't be able to evaluate it unless already knew that cows only come in brown, black, and white. Its having the brown/black/white datum that allows a fella to evaluate a new datum about a blue cow.

    Its the same thing going on here. People who do not know about rights, the history of rights, etc., use instead their sense of "fairness" to evaluate reports about, for example, the cop in the OP. Especially if they are missing the historical data about why certain rights are in place.

    The main difference between, for example, Devin and I, is that he evaluates these things by comparing them to his sense of "fairness" or whatever, whereas my default setting is to compare such things to rights and freedom, or more precisely the individual data I've accumulated about rights and their history. Its become automatic for me. Read a sentence about something a cop or government agent did or wants to do--automatically compare it to my existing data on rights, freedom, history, etc. I doubt I'm anybody special in this context. There's probably tons of libertarians better at it than I. I'm merely illustrating the exact thinking involved using myself as my handiest example.
    Last edited by Citizen; 03-11-2013 at 06:20 PM.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by Citizen View Post
    I was thinking about this other day. Not in terms of Devin himself, but people in general.
    It is difficult to reason with what seems like a majority of the people anymore. They do not need to use reason it their everyday life so they become unaccustomed to using it.

    My girlfriend is one of the words worst. I can ask her a question and she honestly thinks she does not know the answer. If I go about it in a different way she magically now knows the answer. I don't know how she couldn't get it the first time as the answer came so easily the second.

    Plenty of people is like that, give them a scenario and they think a certain way. Give them a different scenario and they think a different way but fail to realize the similarities.

    It seems you cannot have any rights unless you keep all rights and you cannot take away a right of one group without infringing on the rights of another. Some people seem quick to limit rights when it is something they do not support even though they would not have their rights abridged in a similar way.
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    It comes down to, or boils down that some people justify violating the rights of people they find distasteful. But never weigh in that other people may find them distasteful, and excuse the police violating their rights. Then they squeal like a stuck pig.
    Last edited by WalkingWolf; 03-11-2013 at 09:03 PM.
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    What separates the winners from the losers is how a person reacts to each new twist of fate.
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    Quote Originally Posted by self preservation View Post
    and now it seems that he doesn't believe in the 5th Amendment. He seems to support the 2A, but that's about it. I do believe that he is 18 or 19 years old so there may be hope for him yet. But for the love of God he needs to see the big picture.
    The appreciation for the 4th and 5th amendment is sometimes a lesson learnt ..

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    Quote Originally Posted by davidmcbeth View Post
    The appreciation for the 4th and 5th amendment is sometimes a lesson learnt ..
    True. If he ever finds himself on the other end of injustice, I bet he will not be so quick to wish for a totalitarian government.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
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    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    God I love the fact that I found this place with people that have the same thinking I have.

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