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Lt Pike discusion

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Topic: Lt Pike discusion
Posted By: evillepaintball
Subject: Lt Pike discusion
Date Posted: 21 November 2011 at 2:17pm
In an effort to keep the meme thread jovial, I thought I'd make a separate thread to discuss the incident.

Originally posted by Kayback Kayback wrote:

Who? The guy following the campus's instructions to remove them? Or the protestors for not actually following instructions to disperse? 

KBK

The officer who decided it would be a good idea to use OC to disperse non-violent protesters.  OC has the potential to seriously injure people's eyes, especially at that range.  There is the potential for the capsaicinoids to become embedded in the eye which can result in permanent eye damage.  This can be caused, not only by spraying it directly into the eyes at a close range, but also by people's natural reaction to rub their eyes after getting sprayed.  

The rest of the officers had the sense to realize that it was not the right thing to do.


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Replies:
Posted By: deadeye007
Date Posted: 21 November 2011 at 7:09pm
I haven't looked this up, but I'm almost sure there was a similar case to this 3 to 4 years ago and the department lost some money. The court ruled that peaceful resistance did not require that level of force.

P.S. Everyone freaks when police use a taser, but I'd rather take a short zap than go through OC again.

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Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: rednekk98
Date Posted: 21 November 2011 at 7:16pm
Props to the protestors for taking that as well as they did and for the most part, maintaining composure (though a few might have passed out) since that stuff sucks. I'm not sure I would have the cruelty to hit a misbehaving bear with a whole can of that stuff. 


Posted By: Rofl_Mao
Date Posted: 21 November 2011 at 7:22pm
Heres one of the videos


Another giving them warning



Posted By: impulse418
Date Posted: 21 November 2011 at 11:07pm
I would like to poll the campus protesters to see what their majors are. I'm sure 99% of them picked a major that leads to no career.

The days of making good money with a "party" degree are long gone.


Posted By: evillepaintball
Date Posted: 21 November 2011 at 11:10pm
Is it OK to OC peaceful protesters as long as they have a "party" major?

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Posted By: impulse418
Date Posted: 22 November 2011 at 12:53am
Originally posted by evillepaintball evillepaintball wrote:

Is it OK to OC peaceful protesters as long as they have a "party" major?


Never said it was.




Posted By: Kayback
Date Posted: 22 November 2011 at 1:37am
Originally posted by evillepaintball evillepaintball wrote:

by spraying it directly into the eyes at a close range,


I always thought that was the idea behind tear gas, pepper spray and the like.

Honestly I don't know enough about the US constitution, or about US property law. Here the difference between public and private property does change the response by police to protest action.

We also have a right to assembly, and I'm willing to put the South African constitution up against the US's one on this topic.(in fact I'd be willing to put ours up against yours for most topics) as our goverment was founded on civil protest action. But cops are allowed to do these things as well. With rights comes responsibilities.

The Chancellor called the campus police and told them to remove the protestors. Now I admit I don't know if that was a legal instruction. It might not have been. The thing is police are always outnumbered at these things, and they need some form of force multiplyer. OC spray is exactly that.

This protest was being held in solidarity for some protestors who got hit with battons in Berkly.

Make up your minds people. When a smaller group of people need to dislodge a larger one, they need to use something.

That group of protestors wanted to get sprayed, or were at least ready for it. Notice how everyone is wearing a shemga or scarf? They were ready for it, especially after such a liberal warning from the cops. And they had enough camera men around to ensure "Raaaaaaaaage at police brutality!!!!!!!1111 elebenty" would be able to get air time.

The cops were wrong to spray them. They should have known it was the wrong idea. They should have used a water cannon.

Again, I'll admit I don't know that campus's ladder of force. according to internal processes the pepper spray might have been the right idea. But that isn't a violation then, it is a system error.


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Pedicabo ego vos et irrumabo. H = 2


Posted By: Eville
Date Posted: 22 November 2011 at 7:15am
You are supposed to aim for the forehead.

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Posted By: Gatyr
Date Posted: 22 November 2011 at 11:43am
Originally posted by impulse418 impulse418 wrote:

The days of making good money with a "party" degree are long gone.

Protip: they were never here.


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Posted By: agentwhale007
Date Posted: 22 November 2011 at 12:03pm
I'm of the opinion that the actions of the police, and decisions of UC Davis administrators, were out of line. And I support the removal of those police and administrators. 




Posted By: agentwhale007
Date Posted: 22 November 2011 at 12:07pm
Originally posted by Kayback Kayback wrote:


 Here the difference between public and private property does change the response by police to protest action.

UC Davis is a public university. 

Quote  
But that isn't a violation then, it is a system error.

My issue comes with the order to remove, as well as the method to remove. Both were out of line of appropriate behavior of an authority in society. The protesters were not an obstruction to the regular goings-on of the university. 

Quote  The thing is police are always outnumbered at these things, and they need some form of force multiplyer. OC spray is exactly that. 

This is a silly statement. The sitting students were sprayed. Not the "surrounding" crowd of onlookers. If the idea of using the spray was to multiply force, why not use it against those who were in a position to inflict harm by being multiplied? 

The police used the spray on those sitting - those they knew were not in the position to actually do anything to harm them. It was legalized assault and battery. 




Posted By: evillepaintball
Date Posted: 22 November 2011 at 1:08pm
Police are supposed to use this thing called "escalation of force" where they use the lowest level of force needed to quickly and safely diffuse the situation.  In this situation, they skipped completely over the physical force step (cuffing and detaining) and went straight to less lethal force.  I'm not even going to get into the morality of the decision to remove the protesters, the method is blatantly wrong.  To me, this seems like another instance of cops being lazy and ignoring EOF so they don't have to break a sweat.  

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Posted By: deadeye007
Date Posted: 22 November 2011 at 1:30pm
Some agencies consider use of OC spray in the same category as hand techniques. So it depends on that particular department's policy.


The thing that is gonna bite Lt. Pike is that they were passively resisting not actively resisting.

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Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: __sneaky__
Date Posted: 22 November 2011 at 1:44pm
OC should be used as a force multiplier if the situation is creating a real threat to the police officers. It shouldn't be used on students who are peacefully sitting down in a group. Especially if they don't even fight back when you continue to walk back and forth shooting OC  spray in their faces. Protest =/= Riot, imo.

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"I AM a crossdresser." -Reb Cpl


Forum Vice President

RIP T&O Forum


Posted By: SSOK
Date Posted: 22 November 2011 at 2:07pm
I still give the students a lot of credit for sitting through the OC like that. Really, I got hit with a whiff of regular commercial pepper spray because someone accidentally sprayed it, and it was not pleasant. I imagine that getting blasted in the face with a spray 20x worse continuously would be hell. I dont know if I would go zerg rage on the cop (dumb move that would get me arrested), sit there through it, ball up, or simply run away.

I think the internet will serve justice on Pike now though. Doubt he will be working as an LEO any longer.


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Posted By: evillepaintball
Date Posted: 22 November 2011 at 2:52pm
Well, the good thing about OC, is that unless you are on drugs or one of the lucky immune people, it is very difficult to zerg rage with any success.

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Posted By: Kayback
Date Posted: 22 November 2011 at 4:33pm
I do not have a copy of their EOF, so I don't know. I do know many places put OC BEFORE going hands on. Things can get very sketchy when you try to wrestle with people. And sitting down arms chained? Good luck getting them apart without using what people will consider "excessive force".

From those videos it does look like the EOF was followed. Each and every protester was given a clear and concise verbal instruction and a warning. They didn't just pull up and start throwing CS grenades.

Again, I do now know the full details of that protest, nor the exact wording of the US constitution with regards to the right to assembly, nor the rules of the campus. There are times and places where protest can be broken up.

I will say I was never tought to aim for the forehead. That's like saying aim for their legs when you start shooting. Especially with an aerosol which will disperse.

Was the initial order to remove the correct? I don't know. I don't know where that order came from. If the counsellor sucked it out her thumb then she was wrong, and the cops were probably wrong in trying it.





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Pedicabo ego vos et irrumabo. H = 2


Posted By: Mack
Date Posted: 22 November 2011 at 7:59pm
Originally posted by rednekk98 rednekk98 wrote:

I'm not sure I would have the cruelty to hit a misbehaving bear with a whole can of that stuff. 


You've obviously never faced a hungry or pissed-off grizzly.

Originally posted by evillepaintball evillepaintball wrote:

Is it OK to OC peaceful protesters as long as they have a "party" major?


Yes . . . as long as some way is found to make it amusing for the onlookers.

Originally posted by Eville Eville wrote:

You are supposed to aim for the forehead.


It's been a few years, but we were trained to aim for the center of the chest.  The theory was that overspray would still get in their eyes/respiratory system and that it would motivate them to remain prone because fumes would continue to rise into their face from their clothing if they remained standing.


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Posted By: Brian Fellows
Date Posted: 23 November 2011 at 1:46am
It's OK to violate people's rights if you disagree with their political beliefs.

Anyone who disagrees with you is the enemy.


Posted By: rednekk98
Date Posted: 23 November 2011 at 12:02pm
Originally posted by Brian Fellows Brian Fellows wrote:

It's OK to violate people's rights if you disagree with their political beliefs.

Anyone who disagrees with you is the enemy.
This is one thing both sides of the political spectrum can agree on!


Posted By: evillepaintball
Date Posted: 26 November 2011 at 12:19pm
So, here is a snippet from the UC Davis Police policy on use of force, found here  http://www.news10.net/news/pdf/112111-UCD-Use-of-Force.pdf - http://www.news10.net/news/pdf/112111-UCD-Use-of-Force.pdf
Quote PROCEDURE:
I. Factors Used to Determine the Reasonableness of Force 
A. When determining whether or not to apply any level of force and 
evaluating whether an officer has used reasonable force, a number 
of factors should be taken into consideration.  These factors 
include, but are not limited to: 
1) The conduct of the individual being confronted (as 
reasonably perceived by the officer at the time). 
Subjects were peacefully protesting, passively resisting
2) Officer/subject factors (age, size, relative strength, 
skill level, injury/exhaustion and number of officers vs. 
subjects). 
Age, Size, and relative strength probably favored the officers
3) Influence of drugs/alcohol (mental capacity). 
No apparent influence
4) Proximity of Weapons. 
Officers had everything
5) Availability of other options (What resources are 
reasonably available to the officer under the 
circumstances). 
It looked to me like a couple of officers could have easily started pulling people off the end of the line, cuff and detain them.  
6) Seriousness of the suspected offense or reason for contact 
with the individual.  
Offenses don't get much more minor than this.
7) Training and experience of the officer. 
If he's an LT, he's been around for a while
8) Potential for injury to citizens, officers and suspects. 
A group of scrawny college kids yelling.  Not much potential for injury to anyone.
9) Risk of escape
Their plan was to stay there, so not likely.

Other articles I have read that talked about other department's Less Lethal force policies have shown that many state that such force should be reserved for when the officer is being attacked or the suspect is violently resisting.  Our policy here is that you should follow the 5 S's, Shout, Show, Shove, Shoot, Shoot.  OC comes in right after shove and before the first shoot (warning shot, in certain situations).


Edit:  Linus, why did you delete your post?


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Posted By: __sneaky__
Date Posted: 26 November 2011 at 3:57pm
Originally posted by rednekk98 rednekk98 wrote:

Originally posted by Brian Fellows Brian Fellows wrote:

It's OK to violate people's rights if you disagree with their political beliefs.

Anyone who disagrees with you is the enemy.
This is one thing both sides of the political spectrum can agree on!
QFT.

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"I AM a crossdresser." -Reb Cpl


Forum Vice President

RIP T&O Forum


Posted By: Linus
Date Posted: 26 November 2011 at 7:52pm
Originally posted by evillepaintball evillepaintball wrote:

Edit: Linus, why did you delete your post?

Because I wanted to avoid the whole "Linus always backs cops" ordeal that is SURE to follow, especially since I'm not giving my personal view on this matter, but alas...




OC spray, Tasers, pepper-balls, batons, flashbangs, sting grenades and the like are compliance tools, not punishment. Their intention is to get someone to do what you want.   If you are given a lawful order by a peace officer, and refuse to comply, you can be assured one of those will probably be used.   Many agencies have OC spray / pepper spray lower on the contiuum than going 'hands on', because going hands on has a much higher risk involved than spraying someone with a chemical (And yes, I realize how odd that sounds). Instead of JUST the suspect getting a possible injury, now you're risking any officer that is in the melee, and risking the suspect grabbing a Taser or officers handgun in the fray.

Those of you questioning why the officers didn't go 'hands on' first, clearly have never been in a situation where you've had to decide to go hands on. It has risks involved, proven by any of the number of recent OWS videos of officers arresting someone just to have a handful of other protesters try to get in there and help the individual.   You don't go hands on if you can maintain distance with someone and get the same effect. That's why Tasers typically have a 21ft range, even though you can still get compliance doing a drive stun right on them. That's why it's pepper spray and not pepper paste.




There is a video out of this incident just prior to the pepper-spray that most places refuse to show, and it shows the officers warning each protester individually that if they do not leave, chemical tools will be used against them. They are then asked if they understand that, and each protester nods. Regardless of whether or not you or I agree with the order to vacate, it's not our decision, it was the schools, and it was a legal order, and it's exactly like the owners of Zucati park telling OWS to vacate as well. Their land, their rules. The officers relay the legal order to the protesters. The protesters refused to comply. The protesters were forced to comply in what the officers at the time deemed the least injurious way possible.






A crying college student is much better than a beaten and bloody college student.



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Posted By: Rofl_Mao
Date Posted: 26 November 2011 at 8:51pm
Originally posted by Linus Linus wrote:

OC spray, Tasers, pepper-balls, batons, flashbangs, sting grenades and the like are compliance tools, not punishment. Their intention is to get someone to do what you want.   If you are given a lawful order by a peace officer, and refuse to comply, you can be assured one of those will probably be used.   Many agencies have OC spray / pepper spray lower on the contiuum than going 'hands on', because going hands on has a much higher risk involved than spraying someone with a chemical (And yes, I realize how odd that sounds). Instead of JUST the suspect getting a possible injury, now you're risking any officer that is in the melee, and risking the suspect grabbing a Taser or officers handgun in the fray.



I agree with this statement and I'm sure many cops do as well. People have no idea how many people it can take to take down one person. Not only that, but video doesn't show that the police did try a hands-on approach and the protesters resisted, forcing the police to weaken their ability to hold tight.

Originally posted by Linus Linus wrote:


There is a video out of this incident just prior to the pepper-spray that most places refuse to show, and it shows the officers warning each protester individually that if they do not leave, chemical tools will be used against them. They are then asked if they understand that, and each protester nods. Regardless of whether or not you or I agree with the order to vacate, it's not our decision, it was the schools, and it was a legal order, and it's exactly like the owners of Zucati park telling OWS to vacate as well. Their land, their rules. The officers relay the legal order to the protesters. The protesters refused to comply. The protesters were forced to comply in what the officers at the time deemed the least injurious way possible.


Originally posted by Rofl_Mao Rofl_Mao wrote:


Another giving them warning




Posted By: agentwhale007
Date Posted: 26 November 2011 at 9:06pm
I'll reiterate that my disagreement is with the decision to take action - any action - against peaceful protestors. Not just peaceful, but sitting protestors. 

I've no doubt that the police were following their own orders and user their own methods. That much has already been clarified. I, however, disagree with their decision to use that available force on people who were not threatening anyone, not stopping campus activities, not really doing anything but sitting. It was that decision that I found egregiously improper. And why I support both Pike and the sitting president of the school being dismissed. 

And, if anyone would like to personally voice their dislike, Pike's personal contact information as well as department information is available. I had it linked, but some of the comments had improper language. PM me on here or Facebook if you want it. 




Posted By: Linus
Date Posted: 26 November 2011 at 9:20pm
Originally posted by agentwhale007 agentwhale007 wrote:

I've no doubt that the police were following their own orders and user their own methods. That much has already been clarified. I, however, disagree with their decision to use that available force on people who were not threatening anyone, not stopping campus activities, not really doing anything but sitting. It was that decision that I found egregiously improper. And why I support both Pike and the sitting president of the school being dismissed. 
So you admit to the fact that it was most likely legal, yet still want people to lose their jobs... for doing their jobs...legally?




Originally posted by Rofl_Mao Rofl_Mao wrote:


I agree with this statement and I'm sure many cops do as well. People have no idea how many people it can take to take down one person. Not only that, but video doesn't show that the police did try a hands-on approach and the protesters resisted, forcing the police to weaken their ability to hold tight.
Agreed. That's why officers (and medical personnel) are often taught to get atleast 5 people involved in restraining someone, so you can control each appendage.

I wrestled someone high on PCP a year ago... it took 11 fully grown adult males nearly 10 minutes just to get the upper hand, and we ALL left with some bruises. This was against a single, small, college student. Granted PCP is known to make people strong, but it goes to prove a point.


Plus, those of you saying the officers were bigger/better armed failed to grasps on to a simple concept: Cops aren't supposed to fight fair, they're supposed to fight to win.

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Posted By: agentwhale007
Date Posted: 26 November 2011 at 9:23pm
Originally posted by Linus Linus wrote:

So you admit to the fact that it was most likely legal, yet still want people to lose their jobs... for doing their jobs...legally?
 

Yes. Misfeasance is indeed a word in the English language. 




Posted By: agentwhale007
Date Posted: 26 November 2011 at 9:34pm
An interesting New York Times article from a few days ago, where they http://www.nytimes.com/2011/11/23/us/pepper-sprays-fallout-from-crowd-control-to-mocking-images.html?_r=2 - talked to the guy who helped invent O.C. spray and helped write the guidelines for using it for police departments: 

Originally posted by NYT NYT wrote:

To Kamran Loghman, who helped develop pepper spray into a weapons-grade material with the Federal Bureau of Investigation in the 1980s, the incident at Davis violated his original intent.

“I have never seen such an inappropriate and improper use of chemical agents,” Mr. Loghman said in an interview.

Mr. Loghman, who also helped develop guidelines for police departments using the spray, said that use-of-force manuals generally advise that pepper spray is appropriate only if a person is physically threatening a police officer or another person.

In New York, for example, a police commander who sprayed several women in an Occupy demonstration last month faced disciplinary proceedings. The New York Police Department says pepper spray should be used chiefly for self-defense or to control suspects who are resisting arrest.
 


Posted By: Rofl_Mao
Date Posted: 26 November 2011 at 10:47pm
Originally posted by agentwhale007 agentwhale007 wrote:

An interesting New York Times article from a few days ago, where they http://www.nytimes.com/2011/11/23/us/pepper-sprays-fallout-from-crowd-control-to-mocking-images.html?_r=2 - talked to the guy who helped invent O.C. spray and helped write the guidelines for using it for police departments: 

Originally posted by NYT NYT wrote:

To Kamran Loghman, who helped develop pepper spray into a weapons-grade material with the Federal Bureau of Investigation in the 1980s, the incident at Davis violated his original intent.

“I have never seen such an inappropriate and improper use of chemical agents,” Mr. Loghman said in an interview.

Mr. Loghman, who also helped develop guidelines for police departments using the spray, said that use-of-force manuals generally advise that pepper spray is appropriate only if a person is physically threatening a police officer or another person.

In New York, for example, a police commander who sprayed several women in an Occupy demonstration last month faced disciplinary proceedings. The New York Police Department says pepper spray should be used chiefly for self-defense or to control suspects who are resisting arrest.
 


Posted By: agentwhale007
Date Posted: 26 November 2011 at 10:48pm
It doesn't appear as if sitting in protest is the kind of "resisting arrest" that Loghman had in mind. 




Posted By: Linus
Date Posted: 26 November 2011 at 10:59pm
So, whale, what would you have proposed the officers have done to gain compliance?


(Whether or not compliance had to be gained in the first place is not the issue at hand)

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Posted By: evillepaintball
Date Posted: 27 November 2011 at 6:33am
Linus, these people were not on PCP and you can't treat everyone as if they were.  

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Posted By: SSOK
Date Posted: 27 November 2011 at 12:01pm
Linus: You would be lying if you if you said you felt that Pike, or anyone else for that matter, couldn't have cuffed every student there easily and peacefully. Really, if the UC Davis police were professionals and not graduated mall cops, they would have known that a group of college students were looking for them to jump out of line. If Pike were to do the professional thing and wrestle a kid out of line, he wouldn't have his face plastered on...everything. Arrest half of them, the rest leave and you go home at the end of the day. Open a history book, people didn't cry over protesters being moved with the minimal required force, they became angry over people marching peacefully and being beaten with batons and hosed with firetrucks. As a trained EMT, I would expect you to not advocate excessive use of force.




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Posted By: __sneaky__
Date Posted: 27 November 2011 at 3:29pm
Legal =/= moral.

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"I AM a crossdresser." -Reb Cpl


Forum Vice President

RIP T&O Forum


Posted By: Kayback
Date Posted: 27 November 2011 at 4:59pm
Originally posted by SSOK SSOK wrote:


If Pike were to do the professional thing and wrestle a kid out of line, he wouldn't have his face plastered on...everything. Arrest half of them, the rest leave and you go home at the end of the day.


I don't know what history books you have been reading, but that is not how non violent protest works. You are meant to simply overwhelm the law enforcers who are forced to deal with your protest in a non violent manner themselves. Basically you just keep throwing bodies at the problem.

You'd have to cuff and arrest each and every person there. That's the idea behind mass protests.

And going hands on with someone is not a good idea when you are outnumbered that badly. Even non violent protests have the chance of becoming violent, more than likely at a perceived unjustified use of force. 6 on one is often viewed as excessive, even when that is the safest method for both the cops involved and the suspect. There is actually something in "hurting themselves".

I'm fairly sure those cops acted professionally. From all the video footage I've seen there were plenty of warnings given, even specific warnings as to the deployment of gas.

Don't wanna get gassed? Move.

I'm also fairly sure they could see the cameras and they didn't want to be video taped roughing up non violent protestors. Honestly? tear gas was probably the best weapon they had avilable to them. They should have used a water cannon to break the chain. Then haul the individuals off to jail.

I still haven't seen anyone say why the cops shouldn't have moved them. I've seen some vague references to rights to assemble and rights to protest. I have not seen anyone say Because of X in document Y and paragraph Z because they were on property owned by A then they had to do S. It's just they should have left people to protest 'cos this is Amurica!

KBK

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Pedicabo ego vos et irrumabo. H = 2


Posted By: agentwhale007
Date Posted: 27 November 2011 at 5:45pm
Originally posted by Linus Linus wrote:


(Whether or not compliance had to be gained in the first place is not the issue at hand)

Au contrare. It's the catalyst of the whole reason I disagree with the situation. 

Originally posted by Kayback Kayback wrote:

 
Even non violent protests have the chance of becoming violent, more than likely at a perceived unjustified use of force. 

The irony of this statement is lovely. 


Posted By: SSOK
Date Posted: 27 November 2011 at 8:58pm
Originally posted by Kayback Kayback wrote:

Originally posted by SSOK SSOK wrote:


If Pike were to do the professional thing and wrestle a kid out of line, he wouldn't have his face plastered on...everything. Arrest half of them, the rest leave and you go home at the end of the day.


I don't know what history books you have been reading, but that is not how non violent protest works. You are meant to simply overwhelm the law enforcers who are forced to deal with your protest in a non violent manner themselves. Basically you just keep throwing bodies at the problem.

You'd have to cuff and arrest each and every person there. That's the idea behind mass protests. 

I am referring to a lot of MLK's protesting in the southern (highly segregated) United States during the 1960's. He greatly stressed nonviolence to make the racist whites look like animals when they attacked and beat the blacks on camera, so that the rest of the country would see it on the news. They didn't result in a non violent arrest by the police, it resulted in dogs, beatings, National Guard, and fire extinguishers. 

And going hands on with someone is not a good idea when you are outnumbered that badly. Even non violent protests have the chance of becoming violent, more than likely at a perceived unjustified use of force. 6 on one is often viewed as excessive, even when that is the safest method for both the cops involved and the suspect. There is actually something in "hurting themselves".

I'm fairly sure those cops acted professionally. From all the video footage I've seen there were plenty of warnings given, even specific warnings as to the deployment of gas.

Don't wanna get gassed? Move. 

Dont want to give up on what you are protesting for? Take it. Now Lt. Pike looks like a barbarian attacking innocent students on TV screens all over the world, justified or not. People across the world would not have won their protests had they left when told. Rosa Parks is a prime example, although the police did not OC her. She was a black woman who was (illegally) sitting in the white section on a bus, who disobeyed orders in a civilized fashion and was arrested peacefully by police. She looked innocent, and those responsible for segregation looked like animals.

I'm also fairly sure they could see the cameras and they didn't want to be video taped roughing up non violent protestors. Honestly? tear gas was probably the best weapon they had avilable to them. They should have used a water cannon to break the chain. Then haul the individuals off to jail.

I still haven't seen anyone say why the cops shouldn't have moved them. I've seen some vague references to rights to assemble and rights to protest. I have not seen anyone say Because of X in document Y and paragraph Z because they were on property owned by A then they had to do S. It's just they should have left people to protest 'cos this is Amurica!

KBK


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Posted By: The Guy
Date Posted: 27 November 2011 at 9:10pm
According to my textbooks (criminal justice major):

The students were engaged in active resistance. OC was excessive force by far. OC is saved for people who are becoming combative. 


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http://www.anomationanodizing.com - My Site


Posted By: Rofl_Mao
Date Posted: 27 November 2011 at 9:47pm
Lol at comparing whiny college students to human rights activists.


Posted By: Linus
Date Posted: 27 November 2011 at 10:38pm
Originally posted by The Guy The Guy wrote:

According to my textbooks (criminal justice major):
The students were engaged in active resistance. OC was excessive force by far. OC is saved for people who are becoming combative. 


According to my books (criminal justice major), my experience (both as a Paramedic who has to make the decision on chemical sedation of patients, been in combative situations, and work with police on a regular basis during incidents such as this, and as a police explorer who has to study such instances) OC is not 'saved' for those becoming violent, it is used as a compliance tool.





Originally posted by SSOK SSOK wrote:

Rosa Parks is a prime example, although the police did not OC her. She was a black woman who was (illegally) sitting in the white section on a bus, who disobeyed orders in a civilized fashion and was arrested peacefully by police. She looked innocent, and those responsible for segregation looked like animals.



Rosa Parks is NOT a prime example. When she was asked/ordered to do something by the police, she did it without putting up a fight or refusing to comply.


Originally posted by agentwhale007 agentwhale007 wrote:

Originally posted by Linus Linus wrote:

(Whether or not compliance had to be gained in the first place is not the issue at hand)
Au contrare. It's the catalyst of the whole reason I disagree with the situation. 
So we go back: How would you have forced compliance on the non-compliant, considering that was their job?



Originally posted by SSOK SSOK wrote:

As a trained EMT, I would expect you to not advocate excessive use of force.

Paramedic, not EMT.

Second, I don't advocate excessive force, you and I just have differing opinions on what excessive force truly is.

Originally posted by evillepaintball evillepaintball wrote:

Linus, these people were not on PCP and you can't treat everyone as if they were.  

First, I did not say they were. Second, I added in the fact that the one I wrestled WAS on PCP for a specific reason. Third, and anyone in this field can tell you, ANYONE can hurt you, at ANY time, regardless of their size compared to yours and their mental capacity.



People have bad views about pepper spray and Tasers simply because they cause temporary pain. Get over it. It, of ALL the options they had to force compliance, was the least likely to cause any actual harm to those involved.   They're being lambasted for causing someone to cry. That's stupid. There are bigger issues to be had than tears. Get some baby shampoo, take a shower, and be done with it.

-------------



Posted By: agentwhale007
Date Posted: 27 November 2011 at 10:58pm
Originally posted by Linus Linus wrote:

 So we go back: How would you have forced compliance on the non-compliant, considering that was their job?

I wouldn't. 

That seems to not be connecting well in our conversation. 


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:10pm
Originally posted by Linus Linus wrote:

 
Rosa Parks is NOT a prime example.

Correct. 

A much more valid historical comparison is the reaction of police to the Birmingham Campaign during the Civil Rights Movement of the 1960s. 

It was, much like UC Davis, a use of legal but offensively overpowering "compliance tools." 

And here's hoping that the police are seen in the same light when as much time passes. 


Posted By: SSOK
Date Posted: 27 November 2011 at 11:13pm
Originally posted by Linus Linus wrote:



Originally posted by SSOK SSOK wrote:

Rosa Parks is a prime example, although the police did not OC her. She was a black woman who was (illegally) sitting in the white section on a bus, who disobeyed orders in a civilized fashion and was arrested peacefully by police. She looked innocent, and those responsible for segregation looked like animals.



Rosa Parks is NOT a prime example. When she was asked/ordered to do something by the police, she did it without putting up a fight or refusing to comply. 

She was asked/ordered to leave the bus, and refused to comply. The police cuffed her and took her for a ride in a police car. Resulting in the Montgomery Bus Boycott, resulting in more fair treatment for blacks in the area.  





Originally posted by SSOK SSOK wrote:

As a trained EMT, I would expect you to not advocate excessive use of force.

Paramedic, not EMT.

Second, I don't advocate excessive force, you and I just have differing opinions on what excessive force truly is.

I guess I wont argue that. I still stand by my belief that the police on hand could have handled the situation with less chemicals. Inevitably, they should have known that whiney college kids were looking for the police to escalate the situation. You can't tell me that if they cuffed and processed a good number of them that the whole situation would have blown over and we wouldn't be talking about this.

Then again, I predict your response as something involving you seeing situations like these turning into riots, hard to restrain, etc etc.


I am being honest, you sound like a bit of an FE with the "I AM A POLICE EXPLORER PARAMEDIC EXPERT POLICE ASSISTANT, I SAVE LIVES AND WRESTLE CRACK HEADS FOR A LIVING AS A LAW MAJOR!". This is due to Whale turning FE quotes into Dwayne Memes from The Office, or whoever that guy is.


-------------


Posted By: Linus
Date Posted: 27 November 2011 at 11:13pm
Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by Linus Linus wrote:

 So we go back: How would you have forced compliance on the non-compliant, considering that was their job?

I wouldn't. 
That seems to not be connecting well in our conversation. 


You're right, we're not connecting. You're advocating someone losing their job for doing something that's not illegal.

How about we fire any journalist that gets a story incorrect. You advocate that as well?   Same idea. No one gets hurt and it's legal...



Originally posted by SSOK SSOK wrote:

I am being honest, you sound like a bit of an FE with the "I AM A POLICE EXPLORER PARAMEDIC EXPERT POLICE ASSISTANT, I SAVE LIVES AND WRESTLE CRACK HEADS FOR A LIVING AS A LAW MAJOR!".
To be fair, I didn't bring it up first, The Guy did.

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Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:14pm
Originally posted by Linus Linus wrote:

 
People have bad views about pepper spray and Tasers simply because they cause temporary pain. Get over it. It, of ALL the options they had to force compliance, was the least likely to cause any actual harm to those involved.   They're being lambasted for causing someone to cry. That's stupid. There are bigger issues to be had than tears. Get some baby shampoo, take a shower, and be done with it.

I've seen this opinion presented (Typically by trolls, but occasionally by actual people) across various Internet boards following the Seattle, UC Davis, and NYC incidents. 

It has oft come across as a simplistically authoritarian opinion coming from an equally simplistic mind. This appears to be no exception. 


Posted By: Linus
Date Posted: 27 November 2011 at 11:15pm
Originally posted by agentwhale007 agentwhale007 wrote:

Originally posted by Linus Linus wrote:

 People have bad views about pepper spray and Tasers simply because they cause temporary pain. Get over it. It, of ALL the options they had to force compliance, was the least likely to cause any actual harm to those involved.   They're being lambasted for causing someone to cry. That's stupid. There are bigger issues to be had than tears. Get some baby shampoo, take a shower, and be done with it.
I've seen this opinion presented (Typically by trolls, but occasionally by actual people) across various Internet boards following the Seattle, UC Davis, and NYC incidents. 
It has oft come across as a simplistically authoritarian opinion coming from an equally simplistic mind. This appears to be no exception. 


Right, because going to personal attacks is a good way to keep a civil debate as such.



Funny part? I haven't even given my stance on this whole situation yet, just the use of pepper spray in general against people, violent or not. Yet the same actors jump on to the "LINUS HATES CIVIL RIGHTS AND LOVES POLICE STATES".

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Posted By: deadeye007
Date Posted: 27 November 2011 at 11:26pm
Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by Linus Linus wrote:

 So we go back: How would you have forced compliance on the non-compliant, considering that was their job?

I wouldn't. 
That seems to not be connecting well in our conversation. 


So you wouldn't do you job?

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:29pm
Originally posted by Linus Linus wrote:

 
You're right, we're not connecting. You're advocating someone losing their job for doing something that's not illegal.
 

I'm advocating someone doing the ethically correct thing by challenging an order to spray a sitting, non-threatening, non-combative group of protestors with potentially dangerous chemicals. And, if the administration in authority of the police insists upon this ethically lacking order, I'm advocating the police not follow through. 

You'd have to have a level of humanistic ethics to be able to empathizes with this opinion. Perhaps we are destined to not see eye-to-eye on this one. 

Quote How about we fire any journalist that gets a story incorrect. You advocate that as well?   Same idea. No one gets hurt and it's legal...

A silly and non-comparable analogy. A journalist does not meet the qualifications of two major points of contention when dealing with the police. They are not 1) State employees, and 2) In positions of legal authority. 

However, let's progress this idea further, as you did indeed propose this analogy. 

I will propose a counter-analogy. 

Let's say a journalist writes an article. In the production of this article, he talkes to Source A. This source tells him that he is going to give the journalist some information but it is completely off the record and not to be used in the article. The journalist agrees. This is not a legally binding agreement. This is essentially a gentlemen's agreement, but one extremely common in journalism. 

Now, while in the process of writing and editing this article, the journalist's editor, let's call him Big Boss Man, discusses the interview the journalist had with Source A. The journalist explains he got some very good information but it was all off the record. 

The Big Boss Man, sensing that the information Source A provided off the record will make this a really big, groundbreaking story, tells the journalist to put the information in the article anyway. 

Sensing a desk full of Pulitzers, the journalist follows the orders of his superior editor and puts the information from Source A into the story, attributing it to Source A. 

The article goes to print. Source A loses his job, as his company knew he was the only one with that information and was close to the journalist. 

In this situation, the journalist has done absolutely nothing illegal. He has followed the orders of his superior. He has done everything according to the letters of the law, but in the meantime has disregarded established ethics and layers of trust. 

In this situation, I'd personally be in favor of both the journalist and the Big Boss Man being terminated. Fired. Kaput. 

No, they did nothing illegal. 

Yes, they committed misfeasance. 


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:31pm
Originally posted by Linus Linus wrote:

 just the use of pepper spray in general against people, violent or not.  

I'm sure that straw man is gracious of your brave defense. 


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:34pm
Originally posted by SSOK SSOK wrote:

 This is due to Whale turning FE quotes into Dwayne Memes from The Office, or whoever that guy is.

The Dwight meme started with Linus. And still cracks me up. I cannot help but read his posts in the voice of Mr. Schrute. 

Goodness. I also apologize for the triple posting. 


Posted By: impulse418
Date Posted: 27 November 2011 at 11:35pm
This happened in California? Surprised they didn't shoot them.


Posted By: Linus
Date Posted: 27 November 2011 at 11:35pm
So... you defend journalists breaking laws because you professionally agree with it, but cannot stand when they do something legal that you professionally disagree with?



Ethics =/= morals.

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Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:38pm
Originally posted by deadeye007 deadeye007 wrote:

Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by Linus Linus wrote:

 So we go back: How would you have forced compliance on the non-compliant, considering that was their job?

I wouldn't. 
That seems to not be connecting well in our conversation. 


So you wouldn't do you job?

If my job required something that I found to be egregiously unethical, correct, I would not hold that position beyond that unethical order. 

Perhaps I'm strange in that thinking. 

Granted, I completely understand that some people's line of ethics will be drastically different than mine. I just like to think not many people's line of ethics is such that it's acceptable to spray sitting and non-violent protestors with pepper spray. That's not the case, though. 


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:39pm
Originally posted by Linus Linus wrote:

So... you defend journalists breaking laws because you professionally agree with it, but cannot stand when they do something legal that you professionally disagree with?

I feel that you didn't properly read my counter-analogy, based on this post. 

I'd highly suggest rereading it to allow the proper comprehension of the point. 


Posted By: SSOK
Date Posted: 27 November 2011 at 11:41pm
Just to throw my random two cents in...

Have you ever taken an Ethics class in a College (or even Highschool) setting?

I am taking an online one right now for my Engineering credidentials, and it makes you think a lot about things. The one I am taking focuses mostly professional ethics in an engineering setting.

That's directed at anybody, and BTW, the spell checker in Google Chrome is terrible.


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Posted By: deadeye007
Date Posted: 27 November 2011 at 11:47pm
Originally posted by agentwhale007 agentwhale007 wrote:




If my job required something that I found to be egregiously unethical, correct, I would not hold that position beyond that unethical order. 
Perhaps I'm strange in that thinking. 
Granted, I completely understand that some people's line of ethics will be drastically different than mine. I just like to think not many people's line of ethics is such that it's acceptable to spray sitting and non-violent protestors with pepper spray. That's not the case, though. 


Would you have arrested them at all, or is your general complaint strictly with the use of OC?

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:47pm
Originally posted by SSOK SSOK wrote:

Have you ever taken an Ethics class in a College (or even Highschool) setting?
 

I've taken a class specific in journalism ethics, back when that was what I did. At the graduate level I took a philosophy-centric course on the ethical dilemmas of free speech. I've also taken certification tests from the IRB and passed an IRB course. And jumped through the flaming and barbed-wire hoops of getting IRB approval for research. (And that was for exception approval. I cannot imagine what a non-exempt process is like. I mean, I can. I'm going to have to jump through those hoops in a few months) 

I'd love to take a general philosophical ethics course one day. It's on my to-do list. 


Quote That's directed at anybody, and BTW, the spell checker in Google Chrome is terrible.

I'm glad I'm not the only one having issues. 


Posted By: agentwhale007
Date Posted: 27 November 2011 at 11:49pm
Originally posted by deadeye007 deadeye007 wrote:


Would you have arrested them at all, or is your general complaint strictly with the use of OC?

My immediate disapproval is with the use of the spray, yes. This is the one I'm much less wavering upon, in dealing with my opinion. 

My larger disapproval is with the orders/enforcement to arrest them in the first place. This I'm much more considerate of other people's opinions. I understand I'm not going to have the most prevalent opinion for that one. 


Posted By: Rofl_Mao
Date Posted: 28 November 2011 at 12:11am
Originally posted by agentwhale007 agentwhale007 wrote:

My larger disapproval is with the orders/enforcement to arrest them in the first place.


What if a group of 15 or so college students decided to sit on somebody's lawn. The owner of said lawn calls the police and asks them to come and tell them to leave. The police show up and say "Please get off this person's lawn, they do not want you here" the students reply "No! we do not want to pay for (insert issue here)!"

What are the police supposed to do?


Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:13am
Originally posted by Rofl_Mao Rofl_Mao wrote:

 
What if a group of 15 or so college students decided to sit on somebody's lawn.

Incompatible and incomparable analogous situation. 

A lawn is private property. 


Posted By: Linus
Date Posted: 28 November 2011 at 12:16am
And school property is school property. They get the right to decide what's done with it, not the students.

-------------



Posted By: Rofl_Mao
Date Posted: 28 November 2011 at 12:20am
Originally posted by agentwhale007 agentwhale007 wrote:

Incompatible and incomparable analogous situation. 

A lawn is private property. 


Nice dodge.
The administration wanted them removed, correct?

According to http://www.citmedialaw.org/legal-guide/access-public-property - this source's quotes;
Quote Depending on the type of property you wish to enter, your right to access public places may be constrained by reasonable time, place, or manner restrictions, or by the government's interest in managing its property.


Quote Your right to access public property is not absolute, however.


Is this not a reasonable argument? If it is, please continue with my earlier example.




Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:21am
Originally posted by Linus Linus wrote:

And school property is school property. They get the right to decide what's done with it, not the students.

Is this being intentionally or unintentionally obtuse about the social and legal ramification of the differences between private property and public property? 


Posted By: deadeye007
Date Posted: 28 November 2011 at 12:23am
I will play devil's advocate for Lt. Pike for a minute. The bill of rights does cover freedom of speech and right to assembly. The protesters are free to protest whatever they want and when ever they want. Even though I disagree with the protesters in this particular case, this country is pretty F'n awesome that protesters can protest without being hanged, stoned, or killed in some other heinous way. The problem is they need to have a legal right to protest where they were. They weren't getting arrested for what they stood for, but for where they stood (or sat in this matter). The dean (or whoever mentioned) is the boss of the facility, and if he asked them to leave they need to leave. The Police were involved because the protesters ignored a request to leave. So don't request that he be fired for doing his job.

As far as the use of force matter. It is a very close case. Unless he frisked everyone there, you cant make the assumption that all of the students were unarmed (I think eville made that suggestion). Laying hands on someone does pose a substantial risk to the suspect and the officer, and OC can help reduce the risk. Also there was potential for the whole situation to turn brown rather quickly do to the numbers of protesters vs the number of police. Also, as previously mentioned, OC is on the same scale (or lower) as going with hard hands techniques so it is not like Lt. Pike was overly excessive.

If I was in that situation I would start removing the protesters, but in all honesty I would most likely start on the end and give a guy a tug. Then if the protester tried to pull away I would spray them in the face. I would have to go down the line taking it by a person by person case to resolve the situation.
Also as I previously mentioned, I would be hesitant to OC the crowd in the manner that he did because I'm sure there is previous case law from Seattle where the police sprayed protesters who were merely sitting (or handcuffed to a tree), and that department lost a lawsuit.

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:27am
Originally posted by Rofl_Mao Rofl_Mao wrote:

 

Is this not a reasonable argument? 


It's a much more complex argument than is being presented by comparing a private lawn on private property to the land on a public university. 

Especially because of the various lawsuits and challenges to "free speech zones" on public universities, which often vary from state to state. 

I'm completely aware that the government is able to maintain public property, but I also am aware of the rationale behind having public land in the first place, as well as the rationale behind associating certain rights of speech to those parcels of land. 

The situation of someone's private lawn does not carry those same complexities. And therefore is simply not a very applicable analogy. 


Posted By: Linus
Date Posted: 28 November 2011 at 12:33am
Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by Linus Linus wrote:

And school property is school property. They get the right to decide what's done with it, not the students.

Is this being intentionally or unintentionally obtuse about the social and legal ramification of the differences between private property and public property? 


Clearly you're the one that doesn't understand the difference between public land and private land open to the public.   National Parks are the former. Schools and stores are the latter.

-------------



Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:35am
Originally posted by deadeye007 deadeye007 wrote:

I will play devil's advocate for Lt. Pike for a minute.
 

I'll try my best to address some of these points. (I've got to turn in soon though). 

Quote So don't request that he be fired for doing his job.
 

My problem with his actions were not that they were illegal, but that they were improper. But I've made that known, and that's not really the meat of our discussion here. 

Quote Unless he frisked everyone there, you cant make the assumption that all of the students were unarmed (I think eville made that suggestion). Laying hands on someone does pose a substantial risk to the suspect and the officer, and OC can help reduce the risk.
 

This, unfortunately though, opens up the door to lazy police work. At what point does that become an excuse to use said spray on any number of individuals considered suspect for any number of reasons? 

Quote Also there was potential for the whole situation to turn brown rather quickly do to the numbers of protesters vs the number of police.
 

Yet, the police sprayed those sitting, not those standing. If the concern was that they may be overpowered or overrun because of numbers, why not spray the crowd -around- the police first, as they were the ones blocking exit routes and such. The sitting protestors were sitting with arms linked, not posing a physical threat. 





Posted By: Rofl_Mao
Date Posted: 28 November 2011 at 12:39am
Originally posted by agentwhale007 agentwhale007 wrote:

Originally posted by Rofl_Mao Rofl_Mao wrote:

 

Is this not a reasonable argument? 


It's a much more complex argument than is being presented by comparing a private lawn on private property to the land on a public university. 

Especially because of the various lawsuits and challenges to "free speech zones" on public universities, which often vary from state to state. 

I'm completely aware that the government is able to maintain public property, but I also am aware of the rationale behind having public land in the first place, as well as the rationale behind associating certain rights of speech to those parcels of land. 

The situation of someone's private lawn does not carry those same complexities. And therefore is simply not a very applicable analogy. 


If you have a problem with the way the government manages public property, I would suggest you write a letter to your congressman or woman.

I'll bypass the analogy and get straight to the point because you are rejecting the condition of the argument.

Simply put: if the administration of a certain piece of property asks for the removal of somebody or bodies of people, they reserve the legal right to do so.






Posted By: Kayback
Date Posted: 28 November 2011 at 12:44am
Originally posted by SSOK SSOK wrote:

Dont want to give up on what you are protesting for? Take it. Now Lt. Pike looks like a barbarian attacking innocent students on TV screens all over the world, justified or not. People across the world would not have won their protests had they left when told. Rosa Parks is a prime example, although the police did not OC her. She was a black woman who was (illegally) sitting in the white section on a bus, who disobeyed orders in a civilized fashion and was arrested peacefully by police. She looked innocent, and those responsible for segregation looked like animals


The irony of teaching a guy from South Africa about protesting over civil rights.....

Honestly though, he only looks like a barbarian to the uneducated. Using pepper spray, something accepted as non lethal force and a compliance tool around the world, is not being a barbarian. How much more barbaric would battons and choke holds be?

Clear concise verbal warning about the cops immediate actions pretty solidly puts them in the non compliance area.

Was that compliance legally required? I still don't know.

Look at the reactions of the people sprayed. Hardly excessive force. If they were falling down screaming, with their flesh being eaten away, sure.

Sitting where they were, looking a little uncomfortable until they were carted off is not esxcessive.

KBK

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Pedicabo ego vos et irrumabo. H = 2


Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:48am
Originally posted by Rofl_Mao Rofl_Mao wrote:

 
If you have a problem with the way the government manages public property, I would suggest you write a letter to your congressman or woman.
 

As I have done, as well as writing to/calling U.C. Davis. 

Quote Simply put: if the administration of a certain piece of property asks for the removal of somebody or bodies of people, they reserve the legal right to do so.

And I disagree with that statement as an absolute. Do they withhold the legal right? Yes, in certain circumstances. Can the ordering of people removed from a public property be 1) ordered in, and 2) executed in, a completely improper manner? 

It's because of the improper ordering and execution that I've voiced my opinion in the UC Davis matter. 

Again, I'd challenge you to read about the Birmingham Campaign. I believe we have something historically to learn from situations very similar to this - especially who ends up on the "correct" side of this history. 



Posted By: deadeye007
Date Posted: 28 November 2011 at 12:49am
Originally posted by agentwhale007 agentwhale007 wrote:


This, unfortunately though, opens up the door to lazy police work. At what point does that become an excuse to use said spray on any number of individuals considered suspect for any number of reasons? 




I disagree with that statement. The protesters were not just "considered suspect" in this incident. The crime was defined and the protesters dis obeyed Lawful orders to leave.The protesters were even told the circumstances of not moving.

Maybe I read it wrong, but your statement made it sound like this incident would change how police operate, and eventually spray people with OC for any reason.

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:52am
Originally posted by deadeye007 deadeye007 wrote:

 
Maybe I read it wrong, but your statement made it sound like this incident would change how police operate, and eventually spray people with OC for any reason.

My concern was, and is, that the threshold for use of chemical sprays could be lowered, particularly if the threshold was, as you put it, "We don't know if they're armed or not." 


Posted By: agentwhale007
Date Posted: 28 November 2011 at 12:53am
Originally posted by Kayback Kayback wrote:

 
Look at the reactions of the people sprayed. Hardly excessive force. If they were falling down screaming, with their flesh being eaten away, sure.

That's an interesting litmus test for excessive force. 

I'll respectfully disagree, however.  
 




Posted By: deadeye007
Date Posted: 28 November 2011 at 12:57am
Originally posted by agentwhale007 agentwhale007 wrote:



And I disagree with that statement as an absolute. Do they withhold the legal right? Yes, in certain circumstances. Can the ordering of people removed from a public property be 1) ordered in, and 2) executed in, a completely improper manner? 


From a "Use of Force" standpoint you have to look at the facts and circumstances known by the officer at that time.
The person in charge of the facility requested that the people be removed. The request can be reviewed by the college administrators while taking action against the dean/chancellor, but when it comes to reviewing the Police's actions the request was lawful.

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: deadeye007
Date Posted: 28 November 2011 at 1:01am
Originally posted by agentwhale007 agentwhale007 wrote:


Originally posted by deadeye007 deadeye007 wrote:

 Maybe I read it wrong, but your statement made it sound like this incident would change how police operate, and eventually spray people with OC for any reason.

My concern was, and is, that the threshold for use of chemical sprays could be lowered, particularly if the threshold was, as you put it, "We don't know if they're armed or not." 


"We don't know if they are armed or not" is not a stand alone qualifier for the use of force, but it is a building block. You add that block to the other blocks (numbers of suspects, the fact that they are ignoring lawful commands by the police etc etc) and use that as a basis to spray/ not spray.

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: agentwhale007
Date Posted: 28 November 2011 at 1:02am
Originally posted by deadeye007 deadeye007 wrote:

 but when it comes to reviewing the Police's actions the request was lawful.

I've yet to argue that the actions were illegal, simply that they were improper. 

(I must sleep now, good sir. I'll address your other post there in the morning. Or afternoon depending on how fast the coffee brews Tongue). 


Posted By: deadeye007
Date Posted: 28 November 2011 at 1:05am
You ruined my night of Skyrim

-------------
Face it guys, common sense is a form of wealth and we're surrounded by poverty.-Strato


Posted By: SSOK
Date Posted: 28 November 2011 at 1:11pm
Apparently, one can peacefully protest in Charlotte without being attacked by police.

http://www.heraldonline.com/2011/11/25/3552564/in-charlotte-peaceful-protests.html - http://www.heraldonline.com/2011/11/25/3552564/in-charlotte-peaceful-protests.html

Yes, I feel like FE for posting links.


-------------


Posted By: evillepaintball
Date Posted: 28 November 2011 at 1:26pm
Originally posted by Linus Linus wrote:

Originally posted by The Guy The Guy wrote:

According to my textbooks (criminal justice major):
The students were engaged in active resistance. OC was excessive force by far. OC is saved for people who are becoming combative. 


According to my books (criminal justice major), my experience (both as a Paramedic who has to make the decision on chemical sedation of patients, been in combative situations, and work with police on a regular basis during incidents such as this, and as a police explorer who has to study such instances) OC is not 'saved' for those becoming violent, it is used as a compliance tool.


According to our policies (Military Police) OC comes right before batons and right after unarmed self defense.  However, that continuum is not for "how to gain compliance" but rather "how to eliminate a threat."  If there is no threat, as there wasn't in this case, then there is no need for OC.  Chemically sedating someone for your own safety when you are in the back of a moving truck with them is completley different from this.  If you have experience with cops using OC on people who are not being combative, then they are just as wrong as LT Pike was.  If they are not combative, there is no threat, thus there is no need to use a threat elimination tool.  Just because you warn people that you are about to do something, does not make you right.  




Originally posted by SSOK SSOK wrote:

Rosa Parks is a prime example, although the police did not OC her. She was a black woman who was (illegally) sitting in the white section on a bus, who disobeyed orders in a civilized fashion and was arrested peacefully by police. She looked innocent, and those responsible for segregation looked like animals.



Rosa Parks is NOT a prime example. When she was asked/ordered to do something by the police, she did it without putting up a fight or refusing to comply. 

Agreed, Rosa Parks was about unjust laws.  This is about excessive force.  


Originally posted by agentwhale007 agentwhale007 wrote:

Originally posted by Linus Linus wrote:

(Whether or not compliance had to be gained in the first place is not the issue at hand)
Au contrare. It's the catalyst of the whole reason I disagree with the situation. 
So we go back: How would you have forced compliance on the non-compliant, considering that was their job?

Get 4 or 5 of my police buddies that are standing around watching, pull someone off the end, cuff em, repeat. 


Originally posted by SSOK SSOK wrote:

As a trained EMT, I would expect you to not advocate excessive use of force.

Paramedic, not EMT.

Second, I don't advocate excessive force, you and I just have differing opinions on what excessive force truly is.

Originally posted by evillepaintball evillepaintball wrote:

Linus, these people were not on PCP and you can't treat everyone as if they were.  

First, I did not say they were. Second, I added in the fact that the one I wrestled WAS on PCP for a specific reason. Third, and anyone in this field can tell you, ANYONE can hurt you, at ANY time, regardless of their size compared to yours and their mental capacity.

You used an example of a man on PCP to justify the actions against people who were not under the influence of drugs.  PCP Guy has no relevance to this discussion.  


People have bad views about pepper spray and Tasers simply because they cause temporary pain. Get over it. It, of ALL the options they had to force compliance, was the least likely to cause any actual harm to those involved.   They're being lambasted for causing someone to cry. That's stupid. There are bigger issues to be had than tears. Get some baby shampoo, take a shower, and be done with it.

Not for making someone cry, but for using a level of force that was excessive to what was needed.  


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Posted By: Gatyr
Date Posted: 28 November 2011 at 5:02pm
Originally posted by SSOK SSOK wrote:

Have you ever taken an Ethics class in a College (or even Highschool) setting?


I've taken several, as it seems ethics is an integral aspect of the study of philosophy.

Concerns?

EDIT: I forgot:

http://www.commondreams.org/further/2011/11/19 - Here's one of UC:D's faculty member's open letter to the Chancellor, including an account of forcing pepper spray down their throats:

Quote Police used batons to try to push the students apart. Those they could separate, they arrested, kneeling on their bodies and pushing their heads into the ground. Those they could not separate, they pepper-sprayed in the face, holding these students as they did so. When students covered their eyes with their clothing, police forced open their mouths and pepper-sprayed down their throats. Several of these students were hospitalized. Others are seriously injured. One of them, forty-five minutes after being pepper-sprayed down his throat, was still coughing up blood.



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Posted By: rednekk98
Date Posted: 28 November 2011 at 6:28pm
I took an ethics class in college once. Ironically it was for a CJ major who paid me in booze. 


Posted By: Rofl_Mao
Date Posted: 28 November 2011 at 6:59pm
Originally posted by Gatyr Gatyr wrote:

Originally posted by SSOK SSOK wrote:

Have you ever taken an Ethics class in a College (or even Highschool) setting?


I've taken several, as it seems ethics is an integral aspect of the study of philosophy.

Concerns?

EDIT: I forgot:

http://www.commondreams.org/further/2011/11/19 - Here's one of UC:D's faculty member's open letter to the Chancellor, including an account of forcing pepper spray down their throats:

Quote Police used batons to try to push the students apart. Those they could separate, they arrested, kneeling on their bodies and pushing their heads into the ground. Those they could not separate, they pepper-sprayed in the face, holding these students as they did so. When students covered their eyes with their clothing, police forced open their mouths and pepper-sprayed down their throats. Several of these students were hospitalized. Others are seriously injured. One of them, forty-five minutes after being pepper-sprayed down his throat, was still coughing up blood.



Oh please. Where is the video of that happening? I would love to see.


Posted By: Kayback
Date Posted: 29 November 2011 at 1:32am
Originally posted by agentwhale007 agentwhale007 wrote:

That's an interesting litmus test for excessive force. 
I'll respectfully disagree, however.   


While I respect your right to respectfully disagree, I wonder why?

I'm sure we can all agree the face-eating-acid was tongue in cheek, but why is the test for people witnessing, recoding and commenting on said "excessive force" NOT the reaction of the people being subjected to it?

Look at the Rodney King incident. While I'll admit he also didn't get up and run around, it is pretty obvious that that is a result of the force being applied.

KBK

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Pedicabo ego vos et irrumabo. H = 2


Posted By: Kayback
Date Posted: 29 November 2011 at 1:34am
Originally posted by Gatyr Gatyr wrote:


Those they could not separate, they pepper-sprayed in the face, holding these students as they did so. When students covered their eyes
with their clothing, police forced open their mouths and pepper-sprayed
down their throats.


So they couldn't cuff and restrain them, but they can hold them down and force spray into their mouths?

Sure.

That being said, I'm curious to know how kneeling on someone and "forcing their face into the asphalt" is a bad thing. That's how cops restrain someone they are arresting.

Don't these people even watch TV?

KBK

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Pedicabo ego vos et irrumabo. H = 2


Posted By: Darur
Date Posted: 29 November 2011 at 2:33pm
My two cents:

The protesters were in the wrong, legally, for not obeying the order to vacate. Arguments to the morality of their actions are up for discussion, depending on how the individual feels about their cause. The police were definitely in the wrong, morally, with the level of force applied, as has been well discussed in this thread.

Aside from the blatant mishandling of the situation, and disregard of the protester's rights, I'm especially disappointed in the actions of the police since they have likely garnered support for a movement I think is silly. 


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Real Men play Tuba

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PH33R TEH 1337 Dwarf!

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Posted By: evillepaintball
Date Posted: 29 November 2011 at 2:41pm
MIC CHECK LOL

What does that even mean?  I keep hearing them yell it.


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