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VitalSigns
Sep 3, 2011

Jarmak posted:

Not really, if anything he can cite her belligerent and uncooperative behavior as an additional reason to be concerned about his safety.

Keep loving that chicken and defending behavior that even the chief of DPS has condemned for Encinio having "violated department policy, behaved rudely and failed to de-escalate a confrontational situation that ended in Ms. Bland’s arrest". Why are you going to bat for policy violations that even the department refuses to tolerate?

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Jarmak
Jan 24, 2005

Randbrick posted:

If it's "belligerent" to contest a loving traffic ticket at this point, then I don't even know anymore.

If the cops accuse you of something and you don't say anything, they can try to use your silence as a form of admission in court, for gently caress's sake. If you contest the charge, you're belligerent and deserve (?) to be arrested for whatever the hell.

Near as I can tell ,the Right Thing to do when accused of a crime or issued or a ticket or looked at suspiciously by a cop is to recite your innocence in the King's English, using all the vocal fry and uptalk you can muster to soften the blow, preferably while wearing a t-shirt from the last Patrolmen's Benevolent Society community picnic and funrun, and doing a non-threatening, complimentary dance.

He can "cite" that, sure. But he's arguing against a video tape.

Or you know, you could just contest it without being belligerent and confrontational, which the tape pretty clearly shows her being right from the outset.

Jarmak
Jan 24, 2005

VitalSigns posted:

Keep loving that chicken and defending behavior that even the chief of DPS has condemned for Encinio having "violated department policy, behaved rudely and failed to de-escalate a confrontational situation that ended in Ms. Bland’s arrest". Why are you going to bat for policy violations that even the department refuses to tolerate?

we're talking about whether the actions violated the constitution, not whether they violated policy or were objectively correct

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

Whether or not the officer was white has absolutely nothing to do with whether or not he was racist. You know that, right?

Radbot
Aug 12, 2009
Probation
Can't post for 3 years!

Randbrick posted:

If the cops accuse you of something and you don't say anything, they can try to use your silence as a form of admission in court, for gently caress's sake. If you contest the charge, you're belligerent and deserve (?) to be arrested for whatever the hell.

I thought you were wrong, but then I found out about Salinas v. Texas.

What the gently caress is the point of our shitrag of a Constitution when it can be interpreted like that?

VitalSigns
Sep 3, 2011

Jarmak posted:

Or you know, you could just contest it without being belligerent and confrontational, which the tape pretty clearly shows her being write from the outset.

If I violate my company's policy, I wouldn't be taken seriously if I say "but that guy took such an impertinent tone with me!", but I guess that's because my workplace has standards of behavior, and I can't imagine why you don't think cops should have to follow their workplace standards (yes I can)

Genocide Tendency
Dec 24, 2009

I get mental health care from the medical equivalent of Skillcraft.


Lemming posted:

How was it her being lovely? She was understandably frustrated due to the stop, and only told the cop why she was upset after he specifically asked her to tell him how she was feeling.

The real question is why does hearing a black woman say what she's thinking instead of masking it behind a smile for a man automatically make you think "belligerent"?

I'm not going to bother explaining this because its obvious.

She was rude and belligerent with him. And he failed to handle it properly.

WhiskeyJuvenile posted:

Being lovely isn't being belligerent.

Yes it is.

VitalSigns posted:

Why does being testy and annoyed justify getting ordered out of the car after the stop is complete, again? Those aren't threats, those aren't crimes, and the only infraction she did commit (not signaling) he had already written a ticket for so that's not the reason he ordered her out of the car or he would have done it at the outset, not waited until after she refused to put out her cigarette.

This is where I point out he can tell her to get out of the car because he wants to.

Toasticle
Jul 18, 2003

Hay guys, out this Rape

Radbot posted:

Haha that poo poo about Hispanic people being considered white isn't even true, every demographic/census form I've ever seen as a "non-Hispanic white/non-Hispanic caucasian" as an option, or if it's not, there's a "Are you Hispanic?" question elsewhere.

The 2010 form question 8 (Yes I remember it because I had to listen to people bitch about it so much) was if you were of hispanic origin and if so, cuban, mexican, puerto rican or somewhere else. Question 9 was Race. The fact that it was a separate question from race pissed off white people something fierce.

Edit: Even trying to explain you could be say both hispanic and black wouldn't shut them up. 'spics was a race loving wasted government money blah blah blah

Toasticle fucked around with this message at 20:54 on Aug 5, 2015

VitalSigns
Sep 3, 2011

Genocide Tendency posted:

This is where I point out he can tell her to get out of the car because he wants to.

And this is where I point out that it's legal for me to flip off my boss and call his mom a filthy whore if I want to, but if I don't want to be criticized or sanctioned for it I should probably have a really good reason, what was Encinio's?

Genocide Tendency
Dec 24, 2009

I get mental health care from the medical equivalent of Skillcraft.


VitalSigns posted:

And this is where I point out that it's legal for me to flip off my boss and call his mom a filthy whore if I want to, but if I don't want to be criticized or sanctioned for it I should probably have a really good reason, what was Encinio's?

He doesn't need a reason. The Supreme Court said so.

Randbrick
Sep 28, 2002

Jarmak posted:

Or you know, you could just contest it without being belligerent and confrontational, which the tape pretty clearly shows her being right from the outset.
Oh, please. You seem like a guy who's seen the inside of a traffic courtroom at some point. That was hardly belligerent behavior by traffic stop -> arrest standards.

And, if you're in the line of work I suspect you are, you also know that the cop's recourse to people being mean to him at traffic stops is to make a little note about it and make sure if she contests the ticket and gets convicted that Judge Soanso knows she was mean to him.

quote:

He doesn't need a reason. The Supreme Court said so.
.....really? The gently caress is with your reading ability?

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

Is the only response I'm going to get really the obviously bullshit claim that you already responded to me?

Is the game you're playing really just "make factually incorrect statements over and over again and ignore when people point them out and, if pressed, make more trivially false statements"?

Lemming
Apr 21, 2008

Genocide Tendency posted:

I'm not going to bother explaining this because its obvious.

She was rude and belligerent with him. And he failed to handle it properly.

How was she rude? Be specific. She didn't call him names, she didn't use any expletives, she cooperated when he asked for her license and registration, and when he specifically asked her how she felt, she was honest, and then when he told her to put out her cigarette, she said no and explained why.

I'm forced to wonder why you, again, automatically and steadfastly accuse a black woman of being "belligerent" just because she was honest about how she felt and didn't immediately put out the cigarette when he asked her to, since there was no need for her to. I agree that she wasn't compliant after he told her to get out of the car, but that doesn't impact what she did earlier.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

No, it isn't.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Dr Pepper posted:

Which of course means "Darkie McRetard" deserved to die, got it.

Literally no one is defending an obvious troll's use of the phrase "darkie mcretatd." Can you stop using it as some sort of moral superiority cudgel?

ElCondemn
Aug 7, 2005


Radbot posted:

I thought you were wrong, but then I found out about Salinas v. Texas.

What the gently caress is the point of our shitrag of a Constitution when it can be interpreted like that?

The point is to have a force that can and does protect the white and wealthy from the minorities and the poor.

VitalSigns posted:

If I violate my company's policy, I wouldn't be taken seriously if I say "but that guy took such an impertinent tone with me!", but I guess that's because my workplace has standards of behavior, and I can't imagine why you don't think cops should have to follow their workplace standards (yes I can)

He's not arguing whether it's right or not, he's just saying that cops have the power to do whatever the gently caress they want. Since he hasn't decried the actions of these police it means he's endorsing it, and the law agrees with him.

Toasticle posted:

The 2010 form question 8 (Yes I remember it because I had to listen to people bitch about it so much) was if you were of hispanic origin and if so, cuban, mexican, puerto rican or somewhere else. Question 9 was Race. The fact that it was a separate question from race pissed off white people something fierce.

Edit: Even trying to explain you could be say both hispanic and black wouldn't shut them up. 'spics was a race loving wasted government money blah blah blah

Racism ended on 9/11, you must be confusing their anger with racism, they were mad about something other than minorities and their status in this country.

peengers
Jun 6, 2003

toot toot

Genocide Tendency posted:

White is race.

Hispanic is ethnicity.

Hispanic with out the presence of Asian, African or some other race is classified as white.

Edit 1:
Click here for :science:

Edit 2:
There was/is a dispute about this and at one point they were considering making hispanic/latino/spanish decent a separate race, but officially they are still considered an ethnicity.

Tell us, how do you feel about negroids as a race?

VitalSigns
Sep 3, 2011

Genocide Tendency posted:

He doesn't need a reason. The Supreme Court said so.

The Supreme Court would also agree that there's tons of poo poo I can do at my job that it would be unconstitutional to prosecute me for, but that doesn't mean I'm immune from criticism for my poor judgment nor professional consequences for violating my company's procedures

ElCondemn
Aug 7, 2005


ActusRhesus posted:

Literally no one is defending an obvious troll's use of the phrase "darkie mcretatd." Can you stop using it as some sort of moral superiority cudgel?

Yeah, you don't agree with him when he's saying "Darkie McRetard" but all the other stuff he's saying is cool.

Radbot
Aug 12, 2009
Probation
Can't post for 3 years!

ElCondemn posted:

The point is to have a force that can and does protect the white and wealthy from the minorities and the poor.

I believe Salinas is white, no?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
The problem with this racist/ not racist argument is that at least some parties have a very narrow view of what racist is.
Everyone is racist. Everyone has percieved biases about persons of other and even thier own races. Those that act the least racist are those who percieve their biases, realize the problem, and attempt to compensate it. A racist is not just someone who spews racial epithets and the like. Whike there is a small number of people like Roof who are actively racist, the most harm actually comes from the person who is unconciously racist. This person believes they are non racist and pciks up on things like dog wistles because while they don't think "goddamn darkies" they do view the welfare queen as an angry black woman who scares them. These people may legitmately have good friends who are of the race they fear because thier brain makes the "one of the good ones," even if they never thought that themselves. These people believe that because they don't call people names and don't lynch people and don't actively think that other races are evil that they are not racist. If you have to frequently defend youself against accustaions of racism and don't think you are racist, this is probably you.
This officer probably didn't wake up that morning and think, hey "time to arrest some ni. . .s!" When he saw sandra bland, he didn't think "a black person, in my town? We need to check this out. Those people are all criminals." When he got in the dispute he wasn't thinking "I'm gonna show this negress that she's lower than me." However, it is possible that he pulled her over because she "didn't look right" (aka black). He likely thought that she was unduely angry, in large part because of the stereotype of the angry black woman. He felt more challenged by her tone and words because of this. And perhaps because of that stereotype he thought shr must always act this way and needs to be taught a lesson.
It is extremely likely race played an important role here and it is equally likely that during and after the incident the officer didn't think race was a factor at all.
Racism is sneaky and pervasive. It is not just lynchings and the n-word. It is about deepseated biases that pervade how we interact with the world and that is dangerious.

Jarmak
Jan 24, 2005

Randbrick posted:

Oh, please. You seem like a guy who's seen the inside of a traffic courtroom at some point. That was hardly belligerent behavior by traffic stop -> arrest standards.

And, if you're in the line of work I suspect you are, you also know that the cop's recourse to people being mean to him at traffic stops is to make a little note about it and make sure if she contests the ticket and gets convicted that Judge Soanso knows she was mean to him.

He doesn't need to justify pulling her out of the care using her behavior, he only needs to clear the bar of having a reason why the behavior triggered the response besides it being retaliatory. I'm not sure what point you're trying to make here, arguing that her behavior wasn't actually objectionable weakens the argument that the action was unlawful more then it strengthens it. You can't retaliate against someone who hasn't done anything.

And I suspect you have no idea what line of work I'm in.

edit:

VitalSigns posted:

If I violate my company's policy, I wouldn't be taken seriously if I say "but that guy took such an impertinent tone with me!", but I guess that's because my workplace has standards of behavior, and I can't imagine why you don't think cops should have to follow their workplace standards (yes I can)

I have no idea what point you're trying to make here but be quiet the adults are talking.

ElCondemn
Aug 7, 2005


Radbot posted:

I believe Salinas is white, no?

Not according to racists. Where I live now in Washington I pass as white, but when I'm in Florida or Arizona I'm just another spic.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

ElCondemn posted:

Yeah, you don't agree with him when he's saying "Darkie McRetard" but all the other stuff he's saying is cool.

This is the exact definition of the ad hominem logical fallacy.

He can be the biggest racist shithead on the planet. That doesn't mean your arguments are valid by default.

VitalSigns
Sep 3, 2011

Jarmak posted:

we're talking about whether the actions violated the constitution, not whether they violated policy or were objectively correct

Nah you seem to be off in the weeds trying to argue that Bland's annoyed tone was belligerent like he was afraid she was going to knife him or something, viz

Jarmak posted:

Or you know, you could just contest it without being belligerent and confrontational, which the tape pretty clearly shows her being right from the outset.

But now that you've brought it up, what do you think about whether Encinio's conduct was objectively correct and whether it violated policy (or should have been permitted by policy)

E: follow-up question, if Encinio's behavior violated department policy then how could it possibly be justified as necessary for officer safety? Does the department policy require officers to disregard their safety?

VitalSigns fucked around with this message at 21:22 on Aug 5, 2015

Jarmak
Jan 24, 2005

Radbot posted:

I thought you were wrong, but then I found out about Salinas v. Texas.

What the gently caress is the point of our shitrag of a Constitution when it can be interpreted like that?

No he is wrong, Salinas is a lot more nuanced then that and wouldn't apply in this situation.

VitalSigns
Sep 3, 2011

Jarmak posted:

He doesn't need to justify pulling her out of the care using her behavior, he only needs to clear the bar of having a reason why the behavior triggered the response besides it being retaliatory. I'm not sure what point you're trying to make here, arguing that her behavior wasn't actually objectionable weakens the argument that the action was unlawful more then it strengthens it. You can't retaliate against someone who hasn't done anything.


Uh yeah, you can retaliate against someone you perceive as being impolite that hasn't done anything indicating she's an actual threat?

For example
https://www.youtube.com/watch?v=CaW09Ymr2BA

E: Your argument seems to be a catch-22. Either she was being belligerent and therefore a threat so officer safety was a good reason to pull her out and it was fine. Or she wasn't being threatening therefore she doing nothing anyone could ever object to so there's nothing to retaliate against and therefore the only explanation for him pulling her out was officer safety and it was fine.

VitalSigns fucked around with this message at 21:18 on Aug 5, 2015

ElCondemn
Aug 7, 2005


nm posted:

The problem with this racist/ not racist argument is that at least some parties have a very narrow view of what racist is.
Everyone is racist. Everyone has percieved biases about persons of other and even thier own races. Those that act the least racist are those who percieve their biases, realize the problem, and attempt to compensate it. A racist is not just someone who spews racial epithets and the like. Whike there is a small number of people like Roof who are actively racist, the most harm actually comes from the person who is unconciously racist. This person believes they are non racist and pciks up on things like dog wistles because while they don't think "goddamn darkies" they do view the welfare queen as an angry black woman who scares them. These people may legitmately have good friends who are of the race they fear because thier brain makes the "one of the good ones," even if they never thought that themselves. These people believe that because they don't call people names and don't lynch people and don't actively think that other races are evil that they are not racist. If you have to frequently defend youself against accustaions of racism and don't think you are racist, this is probably you.
This officer probably didn't wake up that morning and think, hey "time to arrest some ni. . .s!" When he saw sandra bland, he didn't think "a black person, in my town? We need to check this out. Those people are all criminals." When he got in the dispute he wasn't thinking "I'm gonna show this negress that she's lower than me." However, it is possible that he pulled her over because she "didn't look right" (aka black). He likely thought that she was unduely angry, in large part because of the stereotype of the angry black woman. He felt more challenged by her tone and words because of this. And perhaps because of that stereotype he thought shr must always act this way and needs to be taught a lesson.
It is extremely likely race played an important role here and it is equally likely that during and after the incident the officer didn't think race was a factor at all.
Racism is sneaky and pervasive. It is not just lynchings and the n-word. It is about deepseated biases that pervade how we interact with the world and that is dangerious.

You can call a white person a honkey, cracker or any other word except for racist. That's the only word that white people cannot stand.

ElCondemn
Aug 7, 2005


ActusRhesus posted:

This is the exact definition of the ad hominem logical fallacy.

He can be the biggest racist shithead on the planet. That doesn't mean your arguments are valid by default.

You're right, Hitler did have some good ideas.

Edit: you can agree with whoever you want, but if you're palling around with bigots and abusers people might suspect you're one of them.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Radbot posted:

I thought you were wrong, but then I found out about Salinas v. Texas.

What the gently caress is the point of our shitrag of a Constitution when it can be interpreted like that?

This is a completely overbroad interpretation of Salinas because the media sucks at reporting. This was a bad decision, but the facts were
Suspect makes a pre-miranda statement in a non-custodial setting (lets assume that is true). He is answering question after question. He is asked if some shells will match, does not answer and looks down at the floor, he then answers a host ofbother questions.
The main opinion made a very narrow rulingvthat is basically limited to this exact scenario. If you refuse to talk at all, that is probably covered. If you actually invoke, that is covered. If you are in a custodial interogation, that is covered.

Radbot
Aug 12, 2009
Probation
Can't post for 3 years!

nm posted:

This is a completely overbroad interpretation of Salinas because the media sucks at reporting. This was a bad decision, but the facts were
Suspect makes a pre-miranda statement in a non-custodial setting (lets assume that is true). He is answering question after question. He is asked if some shells will match, does not answer and looks down at the floor, he then answers a host ofbother questions.
The main opinion made a very narrow rulingvthat is basically limited to this exact scenario. If you refuse to talk at all, that is probably covered. If you actually invoke, that is covered. If you are in a custodial interogation, that is covered.

Sounds like this situation could happen at a traffic stop then, considering that is pre-Miranda and pre-custody then? If I answer a question like "How is your day going?" and then refuse to answer subsequent questions, is that covered? If not, why not?

Genocide Tendency
Dec 24, 2009

I get mental health care from the medical equivalent of Skillcraft.


ElCondemn posted:

You're right, Hitler did have some good ideas.

Edit: you can agree with whoever you want, but if you're palling around with bigots and abusers people might suspect you're one of them.

Are you really comparing a throw away remark to Hitler? A man who brainwashed an entire country, started a world war, and killed 6 million jews?

Because thats loving stupid.


At least cite my middle east policy when comparing me to a Genocidal lunatic.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

ElCondemn posted:

You're right, Hitler did have some good ideas.

Edit: you can agree with whoever you want, but if you're palling around with bigots and abusers people might suspect you're one of them.

A. Is Godwin's law still a thing?
B. since when does "posting on message board under pseudonyms and occasionally agreeing" make people bffs?
C. So...is your position that you can judge someone based on who they associate with? Think carefully before you answer.

ElCondemn
Aug 7, 2005


ActusRhesus posted:

A. Is Godwin's law still a thing?
B. since when does "posting on message board under pseudonyms and occasionally agreeing" make people bffs?
C. So...is your position that you can judge someone based on who they associate with? Think carefully before you answer.

A. it's called a joke, sorry I'm not very funny
B. If I agree with racists on a message board it's safe to assume I too am a racist, not that I'm calling anyone on this forum out as a racist, just making a point.
C. Yes, I can form opinions about people based on the company they keep.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Radbot posted:

Sounds like this situation could happen at a traffic stop then, considering that is pre-Miranda and pre-custody then? If I answer a question like "How is your day going?" and then refuse to answer subsequent questions, is that covered? If not, why not?

He was answering questions about the case.
The best response however is to just invoke. If he'd said "I'm invoking the fifth" the activity and invocation would be excluded.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

ElCondemn posted:

A. it's called a joke, sorry I'm not very funny
B. If I agree with racists on a message board it's safe to assume I too am a racist, not that I'm calling anyone on this forum out as a racist, just making a point.
C. Yes, I can form opinions about people based on the company they keep.

So would it be fair then, for a police officer who, via Facebook, knows that a young person hangs out with known gang members involved in drug sales, to focus on that person and look for reasons to conduct pretext stops?

Genocide Tendency
Dec 24, 2009

I get mental health care from the medical equivalent of Skillcraft.


ActusRhesus posted:

So would it be fair then, for a police officer who, via Facebook, knows that a young person hangs out with known gang members involved in drug sales, to focus on that person and look for reasons to conduct pretext stops?

No. Because when the cops do it, its racist.

Because...

Reasons.

ElCondemn
Aug 7, 2005


ActusRhesus posted:

So would it be fair then, for a police officer who, via Facebook, knows that a young person hangs out with known gang members involved in drug sales, to focus on that person and look for reasons to conduct pretext stops?

Cops can do whatever they want, that's how the law works.

GlyphGryph
Jun 23, 2013

Down came the glitches and burned us in ditches and we slept after eating our dead.

ActusRhesus posted:

A. Is Godwin's law still a thing?
B. since when does "posting on message board under pseudonyms and occasionally agreeing" make people bffs?
C. So...is your position that you can judge someone based on who they associate with? Think carefully before you answer.

1. It was overturned by the Internet Supreme Court last year, so no.
2. It makes you forum bffs, much like facebook friends it may or not not indicate something mirroring the real life relationship.
3. As a legal person yourself, can known associations ever be used as evidence?

Genocide Tendency posted:

No. Because when the cops do it, its racist.
Because...
Reasons.
It's weird how adamant you are the officers not racist. If his associates came out on the news and said "yeah, he was always hassling black people" or his record was released and he had zero complaints from white men but a bunch from black men and women of all races, would you still be arguing that this stop wasn't racist?

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BENGHAZI 2
Oct 13, 2007

by Cyrano4747

Genocide Tendency posted:

No. Because when the cops do it, its racist.

Because...

Reasons.

Yeah reasons I can't think of any proof that black people are unfairly targeted by the police, because I too eat lead paint for breakfast

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