This whole argument apparently started in vehicles. I agree the officer handled it badly. If the pregnant woman wanted to drive away he would have been justified in requiring she show him her license. The taped portion took place outside the car. He should have stood outside her car until she wanted to leave. IMO she was exhibiting disorderly behavior. She certainly was loud.
This is a useful guide for people who live in California. It is put out by the ACLU. Notice that it instructs you not to disrespect a police officer, run away or physically resist, or lie.
https://www.aclunc.org/our-work/know-your-rights/your-rights-and-police
“If you are stopped for questioning, DON’T…
•DON’T disrespect a police officer. Although you have a constitutional right to do so, it could lead to your arrest.
•DON’T run away or physically resist a “pat-down” or search. Say “I do not consent to a search.”
•DON’T lie. Tell the police you don’t want to talk to them. Say “I want to remain silent.”
•DON’T forget that police are legally allowed to lie, intimidate, and bluff.
•DON’T discuss your citizenship or immigration status with anyone other than your lawyer.”
Sure, but they stop you by arresting you. But they told the other woman that no charges could be filed. So what crime is she supposed to have been stopped/arrested for?
ETA – I am not saying that this woman behaved properly or intelligently. Obviously she didn’t. What I’m saying is that she was perfectly within her rights to refuse the ID, and to walk away. I"m also saying that the cops were not justified in slamming her to the ground for refusing to provide an ID.
“ETA – I am not saying that this woman behaved properly or intelligently. Obviously she didn’t. What I’m saying is that she was perfectly within her rights to refuse the ID, and to walk away. I"m also saying that the cops were not justified in slamming her to the ground for refusing to provide an ID”
I think the cops should almost never touch someone until the time they deem they are getting handcuffed. And then, very carefully. However, I don’t think you are within your rights to walk away from a cop while they are questioning you about abusive behavior. Just because they told the other woman that no charges could be filed, first of all, doesn’t mean that they were telling her the truth (maybe trying to blow her off), and it doesn’t mean that they aren’t allowed to question the other woman. I’m not sure what law there is that entitles you to walk or run away from an officer while they are questioning you about a potential crime.
I agree her real crime was contempt of cop.
I have absolutely instructed my minor children to NEVER answer police questions without a parent and a lawyer present. It is also a good thing to know the laws where you live and where you travel. In my city you do not have to identify yourself unless you are detained under suspicion of committing a crime. You do not have to identify yourself just so the officer can have a name in his call report.
BTW The ACLU’s guidelines above are not an endorsement of police tactics. They are a recognition that too often, police act illegally and unconstitutionally.
However, wouldn’t it be better to first ask if one is free to go, being detained, or being arrested, in order to clearly define the situation in legal terms?
"I’m not sure what law there is that entitles you to walk or run away from an officer while they are questioning you about a potential crime. "
That isn’t the way US laws work. The law isn’t written to allow you to do things, it is written to restrict you - if something isn’t prohibited by law it is by default legal. “Everything which is not forbidden is allowed” is a constitutional principle of English law.
@busdriver11 - she clearly says, “I am pregnant, do not touch me” around 4:17 in the video. That is about 18 seconds after the cop tells her he’ll give her 2 minutes to find out if she’s legally bound to show him ID.
So the cop can’t hear, and can’t tell time?
She walked away to make a call. Something he “graciously” allowed… Until he didn’t.
She didn’t have to walk away to make a call. She was already talking with the person and then proceeded to walk. I think the officer’s attack on her could have been prevented if she stayed in her spot. I don’t care much for the woman, but I do care for her baby and hopefully it’s okay.
I feel sorry for this woman’s baby. I suspect the child is going to have to witness plenty of confrontations and have to deal with a mother with an anger problem.
“She didn’t have to walk away to make a call”
Are you not from the US? People here are guaranteed certain personal freedoms - within reasonable limits. You bet she had the full right to walk away. The officer attack on her could have been prevented… if the officer behaved professionally and handled the situation as he was supposed to.
…
Thank goodness for video recording - these cops got a stern lecture from the disgusted judge:
http://www.oregonlive.com/portland/index.ssf/2015/03/judge_rules_portland_teen_xxxx.html
Bus, I feel sorry for the cops’ kids
and wives, if they have any - these men have serious anger and control issues. I am willing to give the woman a pass - being 8 months pregnant is no cake walk. What is the cops’ excuse?
The officer attack on her could have also been prevented, if she wasn’t a complete idiot. You need to take responsibility to protect yourself and your child. I don’t think a police officer should ever touch someone unless they are making an arrest, however, I think people should not act like morons. I don’t think you are guaranteed the right to walk away during an investigatory stop. If she was suspected of committing a crime (and I would guess that harassment, threatening and trying to damage property would qualify), she can’t just walk away because she wants to.
It would be great if someone with law enforcement experience could weigh in.
I think the judge made it pretty clear - s/he tossed the case because there was not enough evidence to show that the arrest was warranted.
http://www.cnn.com/2015/05/28/us/barstow-california-police-video-pregnant-woman-arrest/
Hope she sues the PD for battery, emotional distress, and whatever else her attorneys find applicable.
If she was suspected of committing a crime, why wasn’t she told so? Why wasn’t she placed under arrest for it?
And why did the cop explicitly say that there was no crime there?
There are the ever present police apologists even when cops are clearly in the wrong. There are comments like the cops don’t know the law so lets give them a pass. But the victim is a “complete idiot” for standing up to illegal behavior by police. It is necessary for victims of police brutality to sue every time so that taxpayers will pay for blindly supporting bad police.