8mo ago

Federal appeals court rules cops who handcuffed 10-year-old girl for drawing offensive picture must face excessive force lawsuit

lawandcrime.com Federal appeals court rules cops who handcuffed 10-year-old girl must face civil rights lawsuit

A federal appeals court ruled that three Honolulu cops are not immune from a lawsuit filed by a 10-year-old girl who was handcuffed and arrested at school for allegedly drawing an offensive picture.

THE POLICE PROBLEM @lemmy.world

octopus_ink @lemmy.ml

8mo ago

Federal appeals court rules cops who handcuffed 10-year-old girl for drawing offensive picture must face excessive force lawsuit

lawandcrime.com /lawsuit/federal-appeals-court-rules-cops-who-handcuffed-10-year-old-girl-for-drawing-offensive-picture-must-face-excessive-force-lawsuit/

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Semi-related: I've never understood why american cops insist on handcuffing everybody they arrest. If the person being arrested is not resisting or is otherwise dangerous, why cuff them?
- It's such a contrast from Europe. I had the cops called on me once in the UK (and they also don't have a great reputation) as I drank too much and somehow got stuck in someone's garden knocking on their window at like 3am to let me out.
  Cops came, ID'd me, asked what I was doing there and helped me climb out/half pulled me out then gave me a ride home. I remember them just having a laugh at me being stupid due to being drunk. I asked them if they could cuff me cuz I wanted to know what it's like and they said no because they didn't want me to hurt myself by falling over or something. I also asked if we could go through the McDonald's drive through when we went by one on the way and offered to bribe them with a happy meal but they just chuckled and told me they can't do that unfortunately. One of them walked me up to my flat and made sure I got in safe before leaving. Granted I wasn't arrested or anything, but it felt like a positive experience and I woke up feeling thankful for them having been there the night before.
  To contrast, I've once been pulled over in the US with friends and even though the cop didn't do or say anything wrong, I distinctly remember feeling like his tone and demeanor was challenging (as if he wanted us to argue with him or something). We were let go without a ticket or anything in the end, all he said when we asked why we were pulled over is that it's a routine check. It felt like a very negative experience and from what it sounds like, it's as good as it could have gone in the US.
  
  Wait the American cop knew why he pulled you over? That is exceptionally good. Usually they don’t even know and have the gall to ask you. And they’re just looming with a hand on their gun while they ask
  
  American cops ask if you know why you were pulled over so you can self incriminate.
  
  I was let go once when I answered.
  
  When we pulled over he came over and asked for license and reg, we immediately asked why we got stopped and he said routine check, then proceeded to ask us a bunch of questions about where we are driving from, where to, why etc. I would not answer those now, but we didn't know about how things go in the US then so we did. He didn't get anything out of it luckily.
  
  I distinctly remember feeling like his tone and demeanor was challenging (as if he wanted us to argue with him or something). We were let go without a ticket or anything in the end, all he said when we asked why we were pulled over is that it’s a routine check.
  That's an unlawful detention in the US. You can only be pulled over for either actually violating something or a reasonable suspicion of doing a specific illegal thing. They can always make something up, but that'll limit how long they can investigate you for. Coming out and saying they have no reason should always just be responded with asking to leave.
  
  Yeah, I know that now but none of us knew how to handle the situation then. I've learned since then to read up on the rights i will have in countries I plan on visiting.
  It's a shame that we pay our taxes only to have to invest even more energy into protecting ourselves from the system that's built with our money (I've found this to be true to different degrees in most countries unfortunately).
- Because they could become dangerous and/or decide to resist at any point. And you don’t want to have your partner’s widow asking “why didn’t you cuff them?”
  A 10 yo is a bit different in that they’re far easier to control physically. for most people, they’re not going to be acting entirely rationally and it’s safe for everyone if they’re cuffed. Or it’s supposed to be. I hope Chauvin is enjoying his luxury accommodations,
  
  Better to just execute them on the spot - you don't want them slipping out of the cuffs, then have your partner's widow asking "why didn't you just shoot them?"
  People are already searched upon arrest, and I don't think most people are inclined to try to fistfight a pair of cops armed with batons, tasers and guns from the back of a cop car. It's not necessary in most of the rest of the world - are the residents of the land of the free so inherently prone to violence that they should be locked up just in case?
  
  yes, people here really are that violent. First off, consider that we have cities that have larger populations than many European countries. The US, in terms of population size is closer to the entire EU (350 million to 450, respectively) and it poses some… unique challenges. Secondly look at population adjusted murder rates. Yup. We feature prominently on that list, too.
  It’s. Not appropriate to paint everyone with that brush. But even if it’s only 1% that are violent… that’s still a fairly large amount of violent people to be dealing with, and most of the time, cops are dealing with people suspected of anything ranging from jay walking to mass murder.
  Even in places like the UK, if cops can justify it they will cuff you. And, no, you don’t have to be violent to for them to justify it. (And it’s not terribly difficult for them to do so. Sometimes that can be less of a factual obligation and more paperwork often cover-your-ass sort,
  Generally, it’s best to cuff before the search, the process of cuffing generally places you in a dominant position and better able to respond to aggressive actions. Searching… not so much. (Imagine checking some one’s boot and where your head is when you find that weapon.) M
  
  Boot leather for breakfast, interesting choice.
  
  If our system didn't turn every action with police into one that will literally ruin lives even if your innocent, have the potential to be extra judicially murdered, and have to deal with a police force who has no patience and will remarkably quickly escalate to violence themselves maybe the populace wouldn't resist cops so much
  
  And even with this antagonistic system, police officer isn't in the top 10 professions to die on the job.
  
  Probably.
  I’m not saying it’s right. And it’s definitely not preferred. There is a distinct and dire need to reform policing.
  OC asked why, and the Too Angry; Didn’t Read is that cops are scared. They cuff you up when they don’t feel safe. They might also justify it as preventing escape or something. But mostly they’re scared.
  And there is some justification for that not a lot. It’s far less common than they’ll imply. But there is some.
  They’re scared little shits who’ve been selectively hired to be too dumb to find other solutions or have empathy.
  
  Just how afraid of ten years old are?
  
  I’m not? Did you not catch the explicit distinction between 10 yo’s and adults?

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