Memphis
- Thread starter BigRed
- Start date
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motorcarman
Compulsive Collector
Problem is that FOR LIFE could be VERY SHORT.
Nope. Jurisdiction and mutual aid agreements take precedence.
cycleguy2300
TGT Addict
They, in Texas at least, are totally independent from each other.
Jurisdiction overlaps, but chain of command does not, however if I observed other officers or deputies acting in an obvious crime such as this, I would do anything required to immediately stop it without regard to consequences. I will stop short of saying a person as a civilian (non-sworn citizen) would be a coward for not taking action it what would likely be a battle that would likely have little impact in the final outcome and expose them to great risk a peace officer has a sworn duty to act to stop such action. I can easily envision deadly force would be required to stop a group acting in such a manner as seen in the video.
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The Deputies will be explaining their actions in investigations during the next few days.
This incident should have never taken place, the victim's family, citizens and law enforcement are all affected the poor decisions of a few officers. Fortunately this hasn't resulted in violent actions taking place over the weekend.
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It's not expected that an LEO would exhibit such behavior!
cycleguy2300
TGT Addict
Several things compel an officer to act to stop.
Texas Code of Criminal Procedure confers the duty to all Peace Officers to stop criminal behavior.
Second, The 4th amendment prohibits unreasonable searches and seizures. A person is "seized" when they voluntarily yield to a display of authority (lights or siren, "stop police" etc) or when force is intentionally applied (grabbed, punched, shot or parking a semi across the road so the evading drives crashes).
SCOTUS ruled police have no federal requirement to protect a person from their own decisions (entering a disaster area), but I absolutely have a duty to stop someone's civil rights from being violated from clearly unreasonable force which would also be a serious crime in Texas.
I enjoy answering questions like this to the best of my ability.
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Concur, which is why I said it’ll only take one instance of a civilian stepping in to send a reverberation through the LEO community.
motorcarman
Compulsive Collector
I personally would not physically interfere with LEO.
40 years ago I watched two brothers fight at their repair shop. My buddy went over to separate them. They both turned on him and beat him 'till he retreated, then continued to battle each other.
'nuff said.
40 years ago I watched two brothers fight at their repair shop. My buddy went over to separate them. They both turned on him and beat him 'till he retreated, then continued to battle each other.
'nuff said.
Counterpoint. If I’m watching a group of LEOs wailing on my son who’s a currently serving active duty Infantry officer and the only probably cause for the stop was an unsafe lane change that results in him being yanked out of the vehicle and getting wailed on by five LEOs, I’d likely decide to get involved.
The likelihood of either event occurring randomly is low, but not zero.
Axxe55
Retiretgtshit stirrer
name dates and incidents where violent rioters were sho!
Your son = likely no hesitation on your part whatsoever.
And if it were a complete stranger?
motorcarman
Compulsive Collector
A freind or family member is a 'WHOLE NUTHER MATTER'!
Too much depends. Situational awareness and being able to successfully defend your actions at trial are critical if one chose to go down that path.
From a statutory perspective, in Texas one would have to be able to prove beyond a reasonable doubt the LEOs actions were unlawful to take advantage of TPC 9.32 justifications. That’s a mountain to climb given the discretion and authorities the state of Texas extends to on duty licensed peace officers operating within their jurisdiction.
