Seems picking up trash in your own property warrants Boulder LE interdiction

[wabbit]

‘Police in Boulder, Colorado, drew their guns on a black man who was picking up trash on his own lawn. The first responder suggests that the man's trash grabber is a weapon; more cops soon arrive to escalate the confrontation, with eight eventually surrounding him in his own yard. The victim's housemate, Vanardo Merchant, took video and made sure the officers knew they were being filmed.

“You’re on my property with a gun in your hand, threatening to shoot me, because I’m picking up trash,” the man says. “I don’t have a weapon! This is a bucket, this is a clamp.”
“I’m not sitting down and you can’t make me,” the man says as additional officers arrive. “This is my property, this is my house — I live here.””

Pick a cite, https://www.bing.com/news/search?q=...oulder+co+police+confront+black+man&FORM=EWRE

‘Boulder police have launched an internal affairs investigation over a police officer contact that took place at 2333 Arapahoe Ave. on Friday, March 1, 2019, at approximately 8:30 a.m.

A Boulder Police Officer observed a man sitting in a partially enclosed patio area directly behind a ‘Private Property’ sign and initiated contact with the man to determine if he was allowed to be on the property. The man told the officer that he both worked and lived at the building. He also gave the officer his school identification card. The officer detained the man to investigate further and made a request over the radio for additional assistance to respond indicating that the person was uncooperative and unwilling to put down a blunt object. Several officers responded including a supervisor. The object the man was holding was used to pick up trash.

Officers ultimately determined that the man had a legal right to be on the property and returned the man’s school identification card. All officers left the area and no further action was taken.” https://bouldercolorado.gov/newsroo...nal-affairs-investigation-over-police-contact

Kudo to Boulder city official to get a PR statement out ahead of further backlash.

officers ULTIMATELY determined....laughing my buttocks off, they used that word, ultimately.

 

[FreedomVA]

I would refer you to this post

Do cops believe themselves to be above the law?

The St. Louis cop and the female officer he is accused of killing in a deadly game of Russian roulette had been on patrol together two days before her death. https://www.dailymail.co.uk/news/article-6674877/St-Louis-cop-Nathaniel-Hendren-patrol-Officer-Alix-two-days-death.htmlOn the force two...

forum.opencarry.org

and can we all say thank you to the enacted "Freedom Act"...

 

[eye95]

Did the officer ever actually have the gun in his hand, as has been asserted? From what I have seen, the officer only ever placed his hand on the holstered weapon.

The first part of the encounter is not on the video, so we cannot see what prompted the initial interaction. My inclination is to believe that the officer went all “super citizen” on the lowly ordinary citizen, as many of them are wont to do. However, I want more facts before I exercise judgment.

This is why all cops should wear body cams and all contacts with citizens should be recorded from the get. Their (cops’) actions should be scrutinized all to heck and gone. If a cop doesn’t like that level of scrutiny and second-guessing, he shouldn’t be a cop.

 

[Ghost1958]

Fairly simple. With no call for service at that address and a private property sign up, the officer broke the law himself by even entering the property.
He had no right to enter . A person sitting on private property is not probable cause , nor reasonable suspicion to believe any crime is being committed

There is nothing past the point the officer entered private property with no legal basis to do so to consider. He was told to leave and in many states his act of drawing or reaching for his gun could have got him quite legally shot.
Cops wrong ,citizen correct. End of story.

 

[FreedomVA]

4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

and this is how the gov't teaches how to circumvent the Constitutions....

Probable Cause (I) (MP3) | Federal Law Enforcement Training Centers

TranscriptMiller: This is Tim Miller and Jennifer Solari. We’re back again.

www.fletc.gov

 

[solus]

 

[FreedomVA]

 

[OC for ME]

Did the officer ever actually have the gun in his hand, as has been asserted? From what I have seen, the officer only ever placed his hand on the holstered weapon. ...

The cop to the immediate left of the citizen has his duty weapon in his hand. His index finger is visible along the slide. It appears that there is a light mounted under the barrel.

https://www.rawstory.com/2019/03/colorado-cops-detain-black-man-gunpoint-picking-trash-house-live/

 

[eye95]

I see that now. Thank you.

 

[OC for ME]

My pleasure.

 

[solus]

Seems the investigation by Boulder PD found the Officer who drew on and requested backup against a young person of color student picking up trash around his abode violated The People’s Republic of Boulder PD policies as the young man picking up trash had not violated any law!

Of interest...AP reports...quote
A white Colorado police officer who pulled out his gun during a confrontation with a black man picking up trash around his dormitory resigned this week under an agreement that lets him collect $69,000 in salary despite violating department policies.

[AP got PD body cam footage released: https://bouldercolorado.gov/march1-police-incident]

City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson’s race. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said.

“Boulder is essentially saying we’re going to pay this officer and let him resign for threatening Zayd’s life, for racially profiling Zayd,” said Atkinson’s attorney, Siddhartha Rathod. “If you or I were to do this, we would be criminally charged. We would immediately lose our jobs.”

City Attorney Tom Carr said firing Smyly would have led to a drawn-out appeal and potentially allowed him to keep his job.

Under the agreement, Smyly resigned his police role on May 9 but will remain an employee through February without performing any work. He will receive “commensurate pay and benefits” during that period and “a single, lump sum” payment for any accrued and unused vacation time when his employment officially ends Feb. 9.

Unquote https://www.apnews.com/1c1ff411b5924e15a689784d78ef4f99

My kinda job...violate employer’s policy - on cam, huge national level controversy, union controls hiring/firing, so my employer furloughs me for nine months and then pays me $70K lump-sum at the end of the period. Yepper i need a job like that!

 

[color of law]

City officials said the investigation could not prove that the officer, John Smyly, acted because of Zayd Atkinson’s race. Investigators found Smyly violated two department policies: police authority and public trust and conduct, the city attorney said.

I count three. Am I miscounting?

 

[color of law]

This cop thug is a bully, troublemaker who had intent to either inflict injury, harm, or some type of suffering on his victim because of his hostile and deep-seated meanness towards the citizenry or, more than likely, a specific sector of the citizenry. This thug is an opportunist, a stalker and an antagonist. In other words, he passed his psychological analysis with flying colors to serve and protect. It is simple as that.

 

[since9]

This cop thug is a bully, troublemaker who had intent to either inflict injury, harm, or some type of suffering on his victim because of his hostile and deep-seated meanness towards the citizenry or, more than likely, a specific sector of the citizenry. This thug is an opportunist, a stalker and an antagonist. In other words, he passed his psychological analysis with flying colors to serve and protect. It is simple as that.

Sounds like a very poorly designed analysis!

 

[color of law]

Sounds like a very poorly designed analysis!

Would you care to explain?

 

[wabbit]

Sounds like a very poorly designed analysis!

Forgive this observation, but speaking of a very poor critique, your post lacks any semblance of viable anything to base such a comment on.

I mean the cop pulled his laser first then his service pistol on someone picking up trash coupled the individual showed his school id and told the cop where he lived, the the bully cop radioed for backup?