Dashcam footage shows arrest of woman accused of assaulting
Newsbot @ Mon Jan 12, 2015 9:52 am
Title: Dashcam footage shows arrest of woman accused of assaulting sheriff
Category: Law & Order
Posted By: DrCaleb
Date: 2015-01-12 06:59:08
Canadian
DrCaleb @ Mon Jan 12, 2015 9:52 am
I guess the end of the video is where she got the injuries that hopsitalized her. Face into the pavement while handcuffed will do that.
ShepherdsDog @ Mon Jan 12, 2015 10:01 am
She was trying to run into traffic while she was hysterical. She posed a danger to herself and other motorists. What she suffered was trivial in comparison to becoming road kill.
DrCaleb @ Mon Jan 12, 2015 10:02 am
ShepherdsDog ShepherdsDog:
She was trying to run into traffic while she was hysterical. She posed a danger to herself and other motorists. What she suffered was trivial in comparison to becoming road kill.
Why was she removed from her car to begin with?
ShepherdsDog @ Mon Jan 12, 2015 10:07 am
DrCaleb DrCaleb:
ShepherdsDog ShepherdsDog:
She was trying to run into traffic while she was hysterical. She posed a danger to herself and other motorists. What she suffered was trivial in comparison to becoming road kill.
Why was she removed from her car to begin with?
I've been asked to sit in a cruiser after being pulled over. Other times, I've remained in my vehicle. The way she was behaving, it's possible the sheriff thought she was on something, other than the cell phone he relieved her of.
DrCaleb @ Mon Jan 12, 2015 10:13 am
I've always been told to remain in my vehicle. There is no need to arrest someone for speeding, it's not indictable.
Some people have a fear of traffic. That's just human nature, and the officer should know this. He should actually feel this every time he stops a car. I stand inches from high speed traffic as well, but it's because I've had training on how to be safe.
She obviously panicked, but that's no excuse to cause her the injuries she had - for speeding. And I really don't see the 'assault' she's charged for.
PublicAnimalNo9 @ Mon Jan 12, 2015 10:26 am
Why do I get the feeling her troubles all started with her mouthing off at the cop?
Cops don't usually physically haul you out of your vehicle and cuff you simply for speeding a bit.
ShepherdsDog @ Mon Jan 12, 2015 10:29 am
$1:
And I really don't see the 'assault' she's charged for.
$1:
There is no need to arrest someone for speeding, it's not indictable.
$1:
Dangerous operation of motor vehicles, vessels and aircraft
2+ion and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.
Punishment
(2) Every one who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Dangerous operation causing bodily harm
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Dangerous operation causing death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
2+ion and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.
Punishment
(2) Every one who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
Dangerous operation causing bodily harm
(3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Dangerous operation causing death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
$1:
The aggravating factors to consider include:[1]
the consumption of drugs (including legal medication known to cause drowsiness) or of alcohol, ranging from a couple of drinks to a “motorised pub crawl”;
greatly excessive speed; racing; competitive driving against another vehicle; “showing off'”;
disregard of warnings from fellow passengers;
a prolonged, persistent and deliberate course of very bad driving
aggressive driving (such as driving much too close to the vehicle in front, persistent inappropriate attempts to overtake, or cutting in after overtaking);
driving while the driver's attention is avoidably distracted, e.g. by reading or by use of a mobile phone (especially if hand-held);
driving when knowingly suffering from a medical condition which significantly impairs the offender's driving skills;
driving when knowingly deprived of adequate sleep or rest;
driving a poorly maintained or dangerously loaded vehicle, especially where this has been motivated by commercial concerns;
other offences committed at the same time, such as driving without ever having held a licence; driving while disqualified; driving without insurance; driving while a learner without supervision; taking a vehicle without consent; driving a stolen vehicle;
previous convictions for motoring offences, particularly offences which involve bad driving or the consumption of excessive alcohol before driving;
more than one person killed as a result of the offence (especially if the offender knowingly put more than one person at risk or the occurrence of multiple deaths was foreseeable);
serious injury to one or more victims, in addition to the death(s);
behaviour at the time of the offence, such as failing to stop, falsely claiming that one of the victims was responsible for the crash, or trying to throw the victim off the bonnet of the car by swerving in order to escape;
causing death in the course of dangerous driving in an attempt to avoid detection or apprehension;
offence committed while the offender was on bail; and
dangerous driving while in a residential area or in area where people frequent.
the consumption of drugs (including legal medication known to cause drowsiness) or of alcohol, ranging from a couple of drinks to a “motorised pub crawl”;
greatly excessive speed; racing; competitive driving against another vehicle; “showing off'”;
disregard of warnings from fellow passengers;
a prolonged, persistent and deliberate course of very bad driving
aggressive driving (such as driving much too close to the vehicle in front, persistent inappropriate attempts to overtake, or cutting in after overtaking);
driving while the driver's attention is avoidably distracted, e.g. by reading or by use of a mobile phone (especially if hand-held);
driving when knowingly suffering from a medical condition which significantly impairs the offender's driving skills;
driving when knowingly deprived of adequate sleep or rest;
driving a poorly maintained or dangerously loaded vehicle, especially where this has been motivated by commercial concerns;
other offences committed at the same time, such as driving without ever having held a licence; driving while disqualified; driving without insurance; driving while a learner without supervision; taking a vehicle without consent; driving a stolen vehicle;
previous convictions for motoring offences, particularly offences which involve bad driving or the consumption of excessive alcohol before driving;
more than one person killed as a result of the offence (especially if the offender knowingly put more than one person at risk or the occurrence of multiple deaths was foreseeable);
serious injury to one or more victims, in addition to the death(s);
behaviour at the time of the offence, such as failing to stop, falsely claiming that one of the victims was responsible for the crash, or trying to throw the victim off the bonnet of the car by swerving in order to escape;
causing death in the course of dangerous driving in an attempt to avoid detection or apprehension;
offence committed while the offender was on bail; and
dangerous driving while in a residential area or in area where people frequent.
all possible factors contributing to grounds for an arrest.
DrCaleb @ Mon Jan 12, 2015 11:29 am
ShepherdsDog ShepherdsDog:
$1:
And I really don't see the 'assault' she's charged for.
all possible factors contributing to grounds for an arrest.
Possible, indeed. But she isn't charged with those, she's charged with assaulting a police officer. Which would have occurred after she was stopped.
OnTheIce @ Mon Jan 12, 2015 11:45 am
DrCaleb DrCaleb:
I've always been told to remain in my vehicle. There is no need to arrest someone for speeding, it's not indictable.
Some people have a fear of traffic. That's just human nature, and the officer should know this. He should actually feel this every time he stops a car. I stand inches from high speed traffic as well, but it's because I've had training on how to be safe.
She obviously panicked, but that's no excuse to cause her the injuries she had - for speeding. And I really don't see the 'assault' she's charged for.
Some people have a fear of traffic. That's just human nature, and the officer should know this. He should actually feel this every time he stops a car. I stand inches from high speed traffic as well, but it's because I've had training on how to be safe.
She obviously panicked, but that's no excuse to cause her the injuries she had - for speeding. And I really don't see the 'assault' she's charged for.
Barf.
The injuries were caused by her actions, not the police officer.
The officer didn't cause her to have a 'panic attack' or to resist arrest.
DrCaleb DrCaleb:
Possible, indeed. But she isn't charged with those, she's charged with assaulting a police officer. Which would have occurred after she was stopped.
Likely because it may have been a warning stop and she went ape-shit.
Would you have preferred they tacked that on just to add insult to injury?
DrCaleb @ Mon Jan 12, 2015 12:14 pm
OnTheIce OnTheIce:
DrCaleb DrCaleb:
I've always been told to remain in my vehicle. There is no need to arrest someone for speeding, it's not indictable.
Some people have a fear of traffic. That's just human nature, and the officer should know this. He should actually feel this every time he stops a car. I stand inches from high speed traffic as well, but it's because I've had training on how to be safe.
She obviously panicked, but that's no excuse to cause her the injuries she had - for speeding. And I really don't see the 'assault' she's charged for.
Some people have a fear of traffic. That's just human nature, and the officer should know this. He should actually feel this every time he stops a car. I stand inches from high speed traffic as well, but it's because I've had training on how to be safe.
She obviously panicked, but that's no excuse to cause her the injuries she had - for speeding. And I really don't see the 'assault' she's charged for.
Barf.
The injuries were caused by her actions, not the police officer.
The officer didn't cause her to have a 'panic attack' or to resist arrest.
The officer didn't have to cuff her then throw her on the ground either. It's kind of tough to not go into the pavement face first when your hands are cuffed behind your back. If she had remained in her car, she might not have panicked.
OnTheIce OnTheIce:
DrCaleb DrCaleb:
Possible, indeed. But she isn't charged with those, she's charged with assaulting a police officer. Which would have occurred after she was stopped.
Likely because it may have been a warning stop and she went ape-shit.
Would you have preferred they tacked that on just to add insult to injury?
Yes. I have been pulled over for 'speeding' too many times by cops on a power trip. If they have evidence she was speeding, charge her. If it was a warning, there was no need for her to get out of her vehicle.
Regina @ Mon Jan 12, 2015 12:46 pm
The assaulting a sheriff must have happened after the video stopped.
Zipperfish @ Mon Jan 12, 2015 12:48 pm
There is getting to be a real problem with people being detained. "Detain" is a little made-up word the law enfrocement agencies use to arrest you wihtout having to actually provide any of the constitutional protections you are entitled to--like a reason why you are being arrested, a caution, probable cause etc. An arrested person cannot be held arbitrarily. A "detained" person can.
Instead what happens is that people mistakenly think they are not under arrest, and are surpised when they try to exercise their freedom only to get a beatdown from the cops.
DrCaleb @ Mon Jan 12, 2015 12:49 pm
I think the assault 'happened' after she was in hospital, and the Sheriff realized it's perfectly legal for her to record him on her cellphone and therefore he had no right to pull her out of her car.
BartSimpson @ Mon Jan 12, 2015 12:54 pm
Regina Regina:
The assaulting a sheriff must have happened after the video stopped.
Resisting, Obstruction, and Assaulting an Officer are all boilerplate charges that are typically laid on in the absence of a sound reason for the initial contact.
Whenever these charges are laid by themselves the first question a reasonable person needs to ask is why the officer was confronting the person in the first place? If the person was under suspicion of, say, larceny - then where's the larceny charge?
There's now a couple states in the US where a 'resisting arrest' charge is automatically dismissed if it is the only charge against a person. Which is a good step in the right direction for liberty.