Forceful SRO detainment of 14 year old boy in Texas not getting attention

[arkirk]

This clearly is a matter of very poor judgment on the part of the cop getting entirely too physical for the circumstances. Loren feels it is okay to forgive the cop his bad judgment because the cop has a right to have bad judgment. IMHO that is only Loren's opinion. The cop should have been disciplined for his violent attack on the kid and that discipline should be memorable to the cop...so a long suspension without pay would be appropriate. The cop has to have PROBABLE CAUSE before he gets physical. This whole thing ended up being a cop disciplining somebody for trying to recover his property from somebody keeping it from him. The video shows the kid talking, not attacking. The cop was way out of line and there is no law to support this type of action.

 

[Deepak]

The cop has to have PROBABLE CAUSE before he gets physical.

Not exactly - the cops can give you a pat-down and prevent you from leaving a location if they're conducting an investigatory detention (one of the two types of seizure of a person they're allowed) under the auspices of reasonable articulable suspicion. At this point taking a hands on approach with the police would constitute resisting legally.

If they have probable cause then that means they have sufficient grounds to arrest you (the second type of seizure of a person).

 

[Jarhyn]

Once again a very creative use of the word "assault"

The kid did NOT "assault" the police officer. The kid pushed the officer's hands away. The cop had no business whatsoever to be putting his hands on the kid.

Look up the legal definition. I'm right.

The legal fiction, you mean. The only people stupid or deluded enough to care about that sort of poppycock are lawyers and politicians. The rest of us see it for the hokum it is. It was not assault. However what the cop did after...

 

[Deepak]

Look up the legal definition. I'm right.

The legal fiction, you mean. The only people stupid or deluded enough to care about that sort of poppycock are lawyers and politicians. The rest of us see it for the hokum it is. It was not assault. However what the cop did after...

I know it sounds that way, but a 'legal fiction' isn't a pejorative. And absent evidence to the contrary this is not an assault by the student.

 

[Jarhyn]

The legal fiction, you mean. The only people stupid or deluded enough to care about that sort of poppycock are lawyers and politicians. The rest of us see it for the hokum it is. It was not assault. However what the cop did after...

I know it sounds that way, but a 'legal fiction' isn't a pejorative. And absent evidence to the contrary this is not an assault by the student.

Legal fiction, used by me, is most certainly a pejoritive. Right up there with 'technicality', 'lawyer', 'English major' and 'apologist'.