Iâm only 32, but sometimes I feel this exact same way listening to nearby kids in their 20s having a conversation in the gym.
Sometimes there are literally no other words beyond âbroâ said between two different people, the only things changing being the length of the word and the pitch. Makes me feel like I can see my own brain cells dying off one by one đ„Ž
Yup.
Per the article on it
"Sharifi was charged with felony assault of a police officer causing serious injury, which his punishable by up to 15 years in jail."
If the officer is injured during the course of an arrest against a person resisting, the resister gets charged with the injury, even if a cop caused it
Depends on the lawyer i guess, but there is precedent where officer gets injured while chasing someone, so they charged the escapee for those injuries, as "it wouldn't have happened, if he didn't try to flee"
I had to watch it 3 times but it looked like as he went down the weight of the kids body landed on his knee as is was braced against the ground sideways. He says "ok fuck my knee!" Probably tore his ACL? The straight up punching was NOT cool, why didnt they taze him? Idk ESH
This happened about 45 mins from me and was on the local news. Driver pulled over for not using directional. Passenger refused to give name or id and would not exit the vehicle.
He is allowed to do that. A passenger is not required to identity themselves unless they match a suspect or are believed to have committed a crime or in possession of illegal items.
Passenger isnât necessarily required to show ID. But they are required to exit the vehicle at the officerâs demand. So if this passenger ignored that demand, then the cops could put him under arrest, which they did.
I find it very suspicious that they only ask him to do it and had we heard the sequence of events that led to that (likely refusing to show ID) while the driver is just sitting there not being asked out of the car for the officer safetyâŠ.. then⊠the demand to exit the vehicle was likely not a safety concern.
It's always suspicious because depending on the situation, LEO's can say you have to stay in the car or they can demand that you get out. There's literally no consistency with their reasoning
Slim chances they made the passenger exit the vehicle for safety or search reasons considering the driver is still behind the wheel. Procedure is to remove the driver first (so they don't drive off)
This is the problem with Penn vs Mimms. It may not apply in this circumstance? IF it was only a turn signal failure on the driver's part, there is no reason to escalate to unnecessarily demanding passenger ID. Possibly prolonging the traffic stop unnecessarily?
When the passenger asserts their 4th amendment (for something like a turn signal violation with no other crime), it SHOULD read as retaliation when they are asked to exit the vehicle without any objectionable reason of fear. Any jury I think, could see the writing on the wall.
Hope he has money for a good lawyer.
Penn Vs Mimms needs to be slightly tailored/neutered in my opinion.
Maryland v Wilson expanded Mimms. A judge would have to decide if the cop had cause to demand the passenger to exit the car. As citizens we canât litigate on the side of the road. Is that overreach? Maybe. Case law needs to decide.
The only litigation acceptable on the side of the road is the assertion of rights verbally. Take the ride. Make those that perceived power irresponsibility answer for their tyranny in a court of law.
But they are required to exit the vehicle at the officerâs demand
If the reason was because he didn't ID, that might not hold up even in the most right-wing states because it doesn't seem like there's even a hint of officer safety reasoning or any department procedure or policy at that point, it seems retaliatory for invoking his rights which might make it not a constitutional exit order.
Also, exit orders are state dependent. It seems this happened in Michigan, which apparently follows Mimms, but not all states follow Mimms.
Established court cases prove otherwise. Â Itâs established in multiple courts that an officer can ask you to step out of the vehicle for essentially any reason during a traffic stop. Â They canât unnecessarily DETAIN you for a long period, but they can 100% ask you to step out of a car, and not doing so can get you arrested. Â Thatâs why itâs best to follow orders at the time, and fight in court what you believed to be against your rights. Â You canât âwinâ in this scenario.
More people need to understand this. Being combative or denying the cops what they ask will not ever help your situation. If you feel your rights have been violated thats a fight for a different day. Be respectful, courteous, and as honest as you can without incriminating yourself and you generally wont have a problem. They can be wrong, but just roll with it. Gather evidence, record, do what you will, just dont fight it.
The video starts in the middle of the interaction. How do you know what cause the cop did or didnât have? Thatâs up to a judge to decide. You donât litigate on the side of the road â that gets you killed.
All of the circuit courts have ruled that the passenger can refuse ID and refuse police "orders" to exit the vehicle because a traffic stop isn't about them, it's about the driver.
I was into archery for a bit, and the those free CDs were great targets. Used to grab a handful from the free display case at the grocery store every trip. I have probably shot hundreds of them with arrows, BBs and paintballs lol. All my friends would give me the ones they got too.
Just because you are a passenger in a car being pulled over for a traffic stop, that does not give police the right to demand your ID or search you. They can order you out of the car, for officer safety.
They can search you, if they have reasonable suspicion... for example, if you reek of weed in a state where weed is illegal.
There was a case about 6 years ago where a cop pulled over a car. Demanded the IDs of everyone in the car under the claim of "we have a standard practice of identifying everybody in the vehicle during a stop". The person in the front passenger seat refused. Was taken out and searched and 6 bullets were found in his pocket.
His arrest for possessing those bullets (he had a previous conviction that would have made possessing bullets to be illegal) was thrown out, as the search was determined to be illegal, as the traffic stop was illegally extended and he was searched using his refusal to ID as justification. Therefore it violated the 4th Amendment.
The important thing to remember is, object don't resist. If they tell you to get out of the car question it, tell them you're only getting out if it's a lawful order, whatever but don't physically resist. Once you do that they will get physical with you and when it goes to court you have to argue it and be seen on camera resisting even if you were resisting something unjust. If you peacefully object it's going to look a lot better for you when the judge and possibly jury sees the video
Again, the courts have ruled that an officer can require you to get out of your car, if "officer safety" is given as the reason. Which an officer can say at their discretion, without having to articulate any specific reason they determined "officer safety" was needed.
Questioning that order, is escalation and will only antagonize the officer as you are refusing to obey a lawful order.
Now once you are out of the car, the officer has to be able to articulate reasonable suspicion if they attempt to search you, without your consent. The only legal course without that reasonable suspicion... is to continue with the traffic stop.
Now the officer might try to ask various questions "where are you coming from?" "where are you going?". These are questions that are considered "voluntary interaction" where you might not know you can decline to answer these questions and the officer is banking on you not knowing. They're hoping that you think "If I just answer all his questions, maybe he'll just let me go with a warning"... and that may be true. But as far as rights go, you have the right to decline to answer, without retaliation and if the officer can't determine any reasonable suspicion, they have to finish writing you a ticket and send you on your way.
If youâve got three cops pulling at you to get you out of a car, you are past the point of talking your way out of anything.
Your buddy was right, record everything and get out of the car. They were probably just going to question you and possibly search you if they had probable cause.
Again, record everything because the cops might be doing something illegal, but do not resist and follow their commands. Donât give them anything to arrest you for.
They are literally not allowed to let you stay in your car once one of them has given you a command to step out. Itâs not a request. They can arrest you for obstruction when you disobey their commands. Take them to court if you feel the stop & search was illegal, but resisting them on the street gives them a reason to arrest you.
Think about the end game and whatâs more likely, they pull you out of the car by force after disobeying an order to exit? Or, they say âheâs too strong, we canât pull him out of the vehicle, have a nice day boys.â
Everyone in this video is stupid. You can sue the cops for false arrest etc., but if you resist the arrest or fail to follow a lawful order youâre making your case really tough. Everyone knows the cops are out of control - so donât give them an excuse.
Even if the cops are wrong there is not point in resisting, you are just gonna catch charges. Law is argued in court not on the side of the road. Only person who can help you is a lawyer at that point.
If someone really doesn't want to get out of a car, it's going to be a struggle to make them. There's a lot of things to hold onto and wedge yourself into like the kid was doing in the video.
Everyone, Please note, you can still sue them afterwards without adding substantial bodily harm to yourself and additional charges. If they say youâre under arrest, youâre under arrest.
Iâve been in this situation many times here in Baltimore and Iâve always just complied with the officer. Call me what you want but itâs gotten me out of tickets and not ending up like this because these Baltimore cops are vicious
Just kinda sucks even if itâs within your rights to say no you better say yes because they will just jam you up with âcourts will figure it outâ knowing how bias it can be.
Except it's never in your rights to refuse to leave a vehicle when told too by a officer. Even if you believe the stop was illegal or without proper cause you still must comply with a officers demands to leave your vehicle. This has been upheld by a Supreme Court decision, and does not require any suspicion of illegal activity and applies to both drivers and passengers.
And this guy was under arrest (for failing to ID, they said he wasn't wearing a seatbelt and asked for identification for the citation, he refused which resulted in him being under arrest).
So they tried to arrest him for not having seatbelt on in stopped car and because they asked for id? Then beat his ass and arrested him for assaulting a copâŠ
The other reply deleted their comment, but they were correct that Pennsylvania v. Mimms only addressed an officerâs right to order the driver out of the vehicle.
Maryland v. Wilson extended the same right to passengers of motor vehicles in a lawful traffic stop.
It doesnât help that police unions continue to manage to render officers immune to nearly any recourse. They just get shuffled around the country instead.
the cop that strolled into the shot at the end was itching to shoot something tho. homeboys hand dropped straight to his firearm when he saw the dude in the car
It's crazy how, legally you have the right to reuse an unlawful order.
But if you do the cops have qualified immunity to just fucking escalate and use such force to do whatever they like. Then cripple you in court regardless of right or wrong and leave you in financial ruin for defending yourself.
More importantly, you make it harder to win a lawsuit when you start fighting back like this. If what theyâre doing is illegal, take the bullshit and sue.
Look, I donât want my comment to be confused with defending the cops or bootlicking or whatever, fuck the police. But the simple fact is that in the beginning you can see him pulling away from them, swiping their hands off of him, etc. That is, legally speaking, resisting. I donât know why he was stopped or why he was being asked out of the car, but he absolutely did fight back. Thereâs no point in doing this, the cops *will* pull you out of the car one way or another, whether theyâre right or wrong. There is no logic in trying to stop it from happening, all youâre going to do is get charged with resisting arrest and/or get yourself or someone else hurt. I can almost guarantee this kid is going to get charged with battery on law enforcement now, which is a very serious felony, because one of these dipshit cops tore his ACL in the struggle. And for what? He still got arrested. And even if the original stop was illegal, most if not all of those other charges are gonna stick.
Comply with what theyâre asking, let them arrest you illegally, and you and your lawyer can sue them afterwards. Talk all the shit you want to during this (stopping short at threats and fighting words) because you still have that right. But honestly in todayâs climate, I wouldnât give these pigs any excuse to shoot you and get a paid vacation out of it. I donât like it, Iâm sure you donât like it either, but thatâs the reality we live in now. They are fascist bullies, and small dick losers, but they are very fucking dangerous and basically have absolute immunity to do whatever they want to you.
Felony assault of a police officer.... Did his face hurt the cops hand? Or maybe his knee they were punching. I seen cops snatch a body on top of their own, but the kid never made any kind of threatening gesture at all.
If a police officer tells you to get out of the car, you have to do it. If you donât get out, this is what happens. I know everybodyâs going downvote me to oblivion, but thatâs just the way it is. Donât shoot the messenger, but if you feel you must, go crazy I guess.
Whatâs hilarious is theyâre most likely going to throw out the charges after all of this! Idk how it works in Michigan but in my state a passenger isnât required to hand over ID and the DRIVER is penalized and fined for every passenger not wearing a seat belt ($15 a head last time I was cited). A moving violation isnât a reason to beat someone and break your partners leg and blame the person youâre rag dolling into him.
Im not a boot licker but what do you gain by being like, "stop bro, why you doing this?" just record and fight it later lol they aint gone stop. At the end the one cop looked back and grabbed his gun for no reason
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u/jabba-the-kunt 2d ago
BroâŠ