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PostPosted: Tue Apr 05, 2011 6:00 pm 
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Arathain Kelvar wrote:
Diamondeye wrote:
I'm completely buying her story that she didn't help and then was arrested (regardless of if she was asked or not).

I'm really not buying her claims of abuse. I thin she got arrested, fell getting into the police vehicle because she's fat, and figured "hey, I'm embellish the story with all sorts of claims of abuse so I can get some money out of this as well as getting off on the charges."

Don't get me wrong, I think the charge and arrest were unjustified, but all the "icing ont he cake" just reeks to me of trying to get a big settlement out of it.


It may be embellished, but I believe the police have at least some level of responsibility for injuries she sustains while cuffed and in their custody.


They certainly are responsible for the cost of the injuries, but I am not going to buy that they are responsible in terms of having caused the injuries intentionally without sometihng better than her word.

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PostPosted: Wed Apr 06, 2011 6:37 am 
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The injuries would not have occurred if the police did not interject their use of coercive force. They are responsible. Just like criminals who use coercive force are responsible for all injuries and harm anyone sustains because they choose to use it.

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PostPosted: Wed Apr 06, 2011 6:41 am 
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Diamondeye wrote:
They certainly are responsible for the cost of the injuries, but I am not going to buy that they are responsible in terms of having caused the injuries intentionally without sometihng better than her word.


You don't just get a broken ankle while in handcuffs without someone assisting you in breaking it. I can't really envision a scenario where that wouldn't be the responsibility of the arresting officers.

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PostPosted: Wed Apr 06, 2011 7:42 am 
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So I'm required to risk my safety, life and property under penalty of law, yet I am barred from purchasing a firearm for self defense in NYC? Logical disconnect anyone?

And let's be honest- while the law "allows" it id like to meet who actually qualifies for their "permit"

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PostPosted: Wed Apr 06, 2011 9:08 am 
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Hannibal wrote:
So I'm required to risk my safety, life and property under penalty of law, yet I am barred from purchasing a firearm for self defense in NYC? Logical disconnect anyone?

And let's be honest- while the law "allows" it id like to meet who actually qualifies for their "permit"


I was curious after seeing your comment and looked up the NY gun laws. Wow that gave me a headache just trying to get through all of them. I am so glad I don't have to deal with all of their crap just to own a few guns.

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PostPosted: Wed Apr 06, 2011 5:50 pm 
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Elmarnieh wrote:
The injuries would not have occurred if the police did not interject their use of coercive force. They are responsible. Just like criminals who use coercive force are responsible for all injuries and harm anyone sustains because they choose to use it.


This is not the case. If the police beleived they had probable cause for an arrest, they can make the arrest. The fact that it is "coercive force" is irrelevant; that does not make it criminal, nor is it evidence of criminality.

The fact may be that she will eventually be found not guilty, but that does not mean the arrest was not based on probable cause. The police are financially responsible because she was in their custody, but they are not in any way responsible in the same way criminals are.

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PostPosted: Wed Apr 06, 2011 5:53 pm 
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LadyKate wrote:
Diamondeye wrote:
They certainly are responsible for the cost of the injuries, but I am not going to buy that they are responsible in terms of having caused the injuries intentionally without sometihng better than her word.


You don't just get a broken ankle while in handcuffs without someone assisting you in breaking it. I can't really envision a scenario where that wouldn't be the responsibility of the arresting officers.


Yes, in fact you can get your ankle broken pretty easily in handcuffs or out, without someone "assisting you in breaking it". It is entirely possible that she slipped or tripped getting in the vehicle and broke her ankle, especially as heavy as she is.

It's the responsibility of the police department to pay for her treatment, but something beyond the assumptions of untrained people that it "just can't possibly have happened without someone assisting" and the word of someone who stands to get a large financial settlement that it was due to any intentionally inflicted harm.

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PostPosted: Wed Apr 06, 2011 6:34 pm 
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If it can be demonstrated that the police had no business placing her into custody in the first place, then all injuries sustained are their direct responsibility, and they should be held individually liable.

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PostPosted: Wed Apr 06, 2011 7:43 pm 
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Rynar wrote:
If it can be demonstrated that the police had no business placing her into custody in the first place, then all injuries sustained are their direct responsibility, and they should be held individually liable.


If it could be demonstrated that they did not have probable cause, there might be something to this. However, outrage by members of this board over the fact that the law exists does not constitute lack of probable cause on the part of the police. So far, there is not evidence whatsoever that they did not have probable cause, not even the testimony of the victim herself which only claims that they were abusive, not that she did not do what they claimed she did.

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PostPosted: Wed Apr 06, 2011 8:25 pm 
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Diamondeye wrote:
Elmarnieh wrote:
The injuries would not have occurred if the police did not interject their use of coercive force. They are responsible. Just like criminals who use coercive force are responsible for all injuries and harm anyone sustains because they choose to use it.


This is not the case. If the police beleived they had probable cause for an arrest, they can make the arrest. The fact that it is "coercive force" is irrelevant; that does not make it criminal, nor is it evidence of criminality.

The fact may be that she will eventually be found not guilty, but that does not mean the arrest was not based on probable cause. The police are financially responsible because she was in their custody, but they are not in any way responsible in the same way criminals are.



Yes they are. No, I am not talking about legally - I don't give **** one about legality. Morally the two scenarios are equal.

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PostPosted: Wed Apr 06, 2011 8:55 pm 
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Elmarnieh wrote:
Yes they are. No, I am not talking about legally - I don't give **** one about legality. Morally the two scenarios are equal.


No they are not, and I don't give one **** about morality, since there is no moral issue in play here. If you don't want to talk about legality, then don't respond to my posts about what they are and aren't responsible for. We are not playing your stupid game where you try to claim they're somehow morally responsible for enforcing a law you personally disagree with.

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PostPosted: Wed Apr 06, 2011 9:52 pm 
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Diamondeye wrote:
Rynar wrote:
If it can be demonstrated that the police had no business placing her into custody in the first place, then all injuries sustained are their direct responsibility, and they should be held individually liable.


If it could be demonstrated that they did not have probable cause, there might be something to this. However, outrage by members of this board over the fact that the law exists does not constitute lack of probable cause on the part of the police. So far, there is not evidence whatsoever that they did not have probable cause, not even the testimony of the victim herself which only claims that they were abusive, not that she did not do what they claimed she did.


Horse ****.

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PostPosted: Wed Apr 06, 2011 10:22 pm 
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Diamondeye wrote:
Elmarnieh wrote:
Yes they are. No, I am not talking about legally - I don't give **** one about legality. Morally the two scenarios are equal.


No they are not, and I don't give one **** about morality, since there is no moral issue in play here. If you don't want to talk about legality, then don't respond to my posts about what they are and aren't responsible for. We are not playing your stupid game where you try to claim they're somehow morally responsible for enforcing a law you personally disagree with.



Responsibility encompasses far more than law DE. I sometimes wonder how you would figure out what to do if there were no law.


I try to respond to your proud ignorance as little as possible but sometimes it is unavoidable.

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PostPosted: Wed Apr 06, 2011 10:41 pm 
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Elmarnieh wrote:
Diamondeye wrote:
Elmarnieh wrote:
Yes they are. No, I am not talking about legally - I don't give **** one about legality. Morally the two scenarios are equal.


No they are not, and I don't give one **** about morality, since there is no moral issue in play here. If you don't want to talk about legality, then don't respond to my posts about what they are and aren't responsible for. We are not playing your stupid game where you try to claim they're somehow morally responsible for enforcing a law you personally disagree with.


Responsibility encompasses far more than law DE. I sometimes wonder how you would figure out what to do if there were no law.


It might be easier for you to figure out if you stopped trying to filter everything through your precious ideology. Responsibility does encompass more than the law, but that is not relevant in this case, and I'm not interested in a "discussion" with you; all you do is attempt to lecture while loudly screeching that everyone has to adhere to your ideas.

"Oh I don't know what you'd do without law!" Boy, can you whine. Quit trying to pretend you've got some sort of superior understanding, or some vision of true freedom or whatever. Your political ideology is the glorified ranting of a teenager telling grownups he can do whatever he wants and they "better not piss him off!" On second though, don't quit. It's awfully entertaining.

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I try to respond to your proud ignorance as little as possible but sometimes it is unavoidable.
[/quote][/quote]

Seeing as how you're the most ignorant poster on this board since Monty left, this is pretty much nothing but an attempt to score rhetorical points. I have news for you; "ignorance" does not mean "not discussing what Elmo wants in the frameork Elmo wants". You always like to bring out these pointless lines bemoaning ignorance when you have no real point, which is probably why we see them so often.

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PostPosted: Thu Apr 07, 2011 7:18 am 
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Well in this he said she said situation I am positive that both sides will practice their stories often. So it comes down to who has a better lawyer and PR spin. In that case, if there is enough blood in the water for a lawyer, the cops are done.

And considering the questionable nature of the law vs a persons rights, I hope that hiding behind the law bites everyone involved in their collective asses.

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PostPosted: Thu Apr 07, 2011 8:50 am 
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Bottom line:

Any time that the police come to you asking for either information or assistance, you have absolutely no way of knowing whether or not you are a suspect or may become a suspect at some time in the future. Which means that you cannot know whether the information or assistance you provide will work towards self-incrimination. Even if they tell you that you are not a suspect, they may very well be lying to you. You cannot lie to the police, but they are allowed to lie to you. And even if they are being entirely truthful that you are not now a suspect, neither you nor they can say with any certainty that you will not become a suspect in the future and that the information or assistance you provide now could be used to incriminate yourself.

The courts have been quite clear that your 5th amendment rights apply to any interaction, in any capacity with the police. You cannot interfere with the legal investigation or apprehension by the police of either yourself or a 3rd party, of course; that would constitute obstruction. However, you cannot be compelled to assist the police without running afoul of the 5th. These are terrible laws and they should be challenged in court.

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PostPosted: Thu Apr 07, 2011 10:36 am 
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You can lie to the police, you just can't obstruct an investigation. If they ask you if it's raining and you say no when it is they can't arrest you for that.


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PostPosted: Thu Apr 07, 2011 11:04 am 
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Rynar wrote:
Horse ****.


How is this horseshit? Are you seriously suggesting the police should be brought up on charges every time they arrest someone that's found not guilty? You say that "if it can be demonstrated that the police had no business placing her into custody," but where exactly does this fall on the spectrum between "probable cause exists, but suspect was found not guilty" and "suspect was found guilty?"


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PostPosted: Thu Apr 07, 2011 11:49 am 
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Diamondeye wrote:
Arathain Kelvar wrote:
Diamondeye wrote:
I'm completely buying her story that she didn't help and then was arrested (regardless of if she was asked or not).

I'm really not buying her claims of abuse. I thin she got arrested, fell getting into the police vehicle because she's fat, and figured "hey, I'm embellish the story with all sorts of claims of abuse so I can get some money out of this as well as getting off on the charges."

Don't get me wrong, I think the charge and arrest were unjustified, but all the "icing ont he cake" just reeks to me of trying to get a big settlement out of it.


It may be embellished, but I believe the police have at least some level of responsibility for injuries she sustains while cuffed and in their custody.


They certainly are responsible for the cost of the injuries, but I am not going to buy that they are responsible in terms of having caused the injuries intentionally without sometihng better than her word.


I get what you're saying, but if I slip, without handcuffs on, I might at worst suffer a bruise and lose some skin. If I slip with handcuffs on, I'm pretty sure I'm going to get Fed up. It's the "custody" component that, at a minimum, increases the injuries.


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PostPosted: Thu Apr 07, 2011 12:55 pm 
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Arathain Kelvar wrote:
I get what you're saying, but if I slip, without handcuffs on, I might at worst suffer a bruise and lose some skin. If I slip with handcuffs on, I'm pretty sure I'm going to get Fed up. It's the "custody" component that, at a minimum, increases the injuries.


I'm not disagreeing with that. Clearly, you are more likely to be hurt seriously if you fall with handcuffs on. However, that does not mean the injuries were caused intentionally. That is the key point. Yes, the injuries will probably be increased, but that just means the PD/city will need to pay more for the treatment.

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PostPosted: Thu Apr 07, 2011 2:06 pm 
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