Caught on Video: Police Smash Woman’s Phone as She Tapes Crime Scene; How to Stop “I am Above the Law” Mentality

Hat tip Westcoaster

In yet another cops are above the law incident Watch U.S. Marshal Crush Camera.

Nosy neighbors caught a video of a law enforcement officer in California snatching a bystander’s phone and smashing it after U.S. Marshals realized she was recording their bust of a biker gang meeting. The 53-second video, taken from across the street, shows a gun-toting marshal grabbing the woman’s phone out of her hand, throwing it to the ground, and finally kicking it. According to a spokesperson for the marshals, the video “is being reviewed.”

How to Stop “I am Above the Law” Mentality

The only way to stop this kind of “above the law” mentality is to immediately suspend, without pay, any police officer guilty of such behavior. A second offense is grounds for dismissal. As an added incentive, fired officers should lose 100% of all accrued benefits.

And in this case, repayment for the phone should come directly out of the suspended officer’s paycheck (at say a 500% of damages rate).

I am open to negotiation on the terms mentioned above. But the terms must be severe enough to cause an immediate attitude change.

Mike “Mish” Shedlock
http://globaleconomicanalysis.blogspot


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18 Comments
Anonymous
Anonymous
April 22, 2015 11:34 am

The cop acted outside of law.

Under color of law.

Which would make him personally liable to suit without legal protection from his department since he had no legal right or authority behind him while acting under color of law.

Yet no personal lawsuit against him will be filed, if anything it will be the department instead since that is where the deep pockets that attorneys look for are. Right and wrong as principle always falls by the wayside when money gets involved.

Which is why we will continue to see this kind of thing happening.

Billy
Billy
April 22, 2015 11:42 am

Great…

Now we need people recording the people who are recording the people recording the cops when they reach out and smash your camera.

Motherfuckers…

It’s this kind of shit that irks me.

card802
card802
April 22, 2015 12:09 pm

Cop can smash my phone and get paid time off.

I smash a cops phone I’ll get a beat down, tazed, cuffed, pepper sprayed, hauled off to jail, then face a court hearing, pay fines and fees to replace the cops personal phone. If I run, look like I’m going to run, make any sudden movements or pull out a pen (possible deadly weapon) to write down the copfucks badge number, I’ll be shot to death.

Cool.

Persnickety
Persnickety
April 22, 2015 12:15 pm

The sort of thing that happens shortly before an abrupt change, like a rubber band stretched too far.

TE
TE
April 22, 2015 12:29 pm

@Anon, most unions, including cops, teachers, steel, rail and automaker (not retail, btw, they suck) offer 100% FREE union paid, retained, salaried lawyers that have NOTHING better to do than fight your fights.

My brother is up against the UAW in his divorce. His wife’s company-paid for (not taxed, as a benefit, btw) lawyers will eat the lawyer he can afford for lunch.

This is what passes for Justice in America. Flash suggested asking people what they think about the verses “render under Caesar” to discern whom you are dealing with. That is great, I suggest adding, “can a non-connected or non-wealthy person still be assured of justice?” as a follow up.

No justice yet millions of laws. Boggles the mind.

Westcoaster
Westcoaster
April 22, 2015 2:08 pm

I think the problem is, LEO are being trained that if you’re not LEO you’re a criminal, pure and simple. That sure seems to be the attitude. The days of “protect and serve” are long gone. Of course these were U.S. Marshalls, so maybe they watched too many episodes of “Justified”.

anarchyst
anarchyst
April 22, 2015 5:23 pm

There is much angst and consternation against prosecutors and grand juries who refuse to bring charges against police officers, even when incontrovertible evidence is presented. Even with incontrovertible audio and video evidence, prosecutors are loath to prosecute rogue law enforcement personnel.
Let’s examine the reasons why it is so difficult to prosecute thug cops:
Most prosecutors are former police officers or have extensive dealings with police departments and have ongoing relationships with police departments in their respective jurisdictions. They are friendly with the judges in their jurisdictions, as well. This, along with “absolute immunity” makes it easy for them to “cover up” police abuses and behavior. Prosecutors cannot be sued for malfeasance…it takes a judge (who prosecutors are friendly with) to bring charges on a rogue prosecutor (which almost never happens).
In addition, prosecutors guide the actions of grand juries. Prosecutors are not required to introduce any evidence to grand juries, (can and do) easily “whitewash” the actions of rogue cops. On the other hand, prosecutors can (and often do) go after honest citizens who seek justice outside official channels…prosecutors have ultimate power and are not afraid to use it…their immunity sees to that.
Another aspect to a grand jury’s inability to prosecute bad cops is the fear of retribution…cops drive around all day, have nothing but time, have access to various databases, and can easily get the names and addresses of grand jurors…this, in itself can be a powerful deterrent against grand jurors who “want to do the right thing” and prosecute bad cops. There are many cases of cops parking in front of grand jurors’ residences, following them around, and threaten to issue citations to them, in order to “convince” them to “make the right decision”…the “thin blue line” at its worst…
The whole system has to change.
Eliminate absolute and qualified immunity for all public officials. The fear of personal lawsuits would be a powerful deterrent against abuses of the public.
Grand juries must be superior to the prosecutor; ALL evidence must be presented to grand jurors. Failure to do so must be considered a felony and subject prosecutors to prosecution themselves.
No police agency can be allowed to investigate itself. Internal affairs departments must be restricted to minor in-house investigations of behavior between cops. All investigations must be handled by outside agencies, preferably at the state level.
Civilian police review boards must be free of police influence. Members of civilian review boards must have NO ties to police departments. Relatives of police would be prohibited from serving…Recently, the “supreme court” threw police another “bone”. The court ruled that police are not responsible for their actions if they are “ignorant of the law”…now, let’s get this straight–honest citizens cannot use “ignorance of the law” as an excuse, but cops can??
Revolution is sorely needed…..

anarchyst
anarchyst
April 22, 2015 5:24 pm

There have been too many instances of police errors, mistakes, and misconduct that have not been properly addressed. From harassing honest citizens over minor disagreements, questionable shootings of honest citizens, to SWAT teams raiding “the wrong house”, smashing everything in sight, with no apologies to the occupants for their “mistakes”, there is something seriously amiss with law enforcement in this country.

Militarization, along with the “us vs. them” attitude, seeing the general public as the “enemy”, treating the public with suspicion, many of those that comprise the “thin blue line” do much to alienate themselves from their “bosses”, the law-abiding public.

Police have forgotten that a little “Andy Taylor” can go a long way in soothing fears that the public has of law enforcement…

No humans in their right mind want to see anyone lose their life at the hands of criminals of any sort, especially “law enforcement officers”–those who are charged with “keeping the peace”.

It seems that in today’s supercharged climate of “officer safety”, innocent civilian lives have been extinguished, with tragic results.

Part of the “problem” has to do with the elevation of “officer safety”, trumping “citizen safety”. It seems that honest citizens have been relegated to second-class “status”, being expendable whenever a “law enforcement” officer’s (perceived) “safety” is threatened.

The hypocrisy is so blatant, that even with incontrovertible video and audio evidence, police-friendly prosecutors, along with “rubber stamp” grand juries STILL absolve rogue cops of wrongdoing.

The public is not stupid, seeing through the double-standard that presently exists. This, in no certain terms, absolves anyone of responsibility for perpetrating unnecessary violence against “law enforcement” or the general public…

The sad part of this whole situation is that when the SHTF, the 99% of good cops will suffer, as those with “axes to grind” will see only the uniform and will be unable (or even unwilling) to differentiate between the “good” and the few “bad”…collateral damage at its worst.

Non-violent changes in the whole system are sorely needed……

anarchyst
anarchyst
April 22, 2015 5:25 pm

Here are “police” practices that deserve to be exposed:

#1. During a traffic stop, the police officer will touch the back of your car. The reason for this “touch” is that, quite often, the police officer will have a small quantity of narcotics (marijuana or cocaine) on him (in his hand) that he will rub on the car in order to help “justify a search”. When the dog is brought in, it will react to the drug on the vehicle and help “justify a search”. This tactic is mostly used against young people. Drugs can also be “planted” on a “suspect”.
The “touch” used to be a way for police officers to “prove” that they had an interaction with a citizen, but no more . . .

#2. Most (if not all) cops possess a “throwdown” weapon. This “helper” is obtained from a criminal who is then “let go” without his weapon and is always used to justify a questionable police situation and to “sanitize” a “crime scene to absolve police on the scene of criminal police behavior.

#3. If you are in the back of a police car, LIE DOWN on the seat. Police use the concept of “screening” to abuse their unwilling “passenger”. This involves, driving at high rates of speed, violent turns and other antics to get the passenger to “hit the screen” separating the front from the back with his face. Hence the act of “screening”.

#4. If you are being handcuffed, quite often the police officer will wrench you arm behind you, forcing you to “turn around”. The officer will then add a charge of “assault” to whatever other charges they concoct against you (just for being forced to turn around). They “pile on” charges, hoping you will plead guilty to at least one.

Remember–NEVER CONSENT TO SEARCH . . . You must be polite, but firm in your refusal. You can state that “you NEVER consent to searches” as well as using these “magic” words–“am I free to go?” The police officer MUST answer your question . . . If you are being detained and an illegal search takes place, you have legal recourse.

Remember–police are not your friends . . .

That being said, not all “law enforcement” is criminal, but the “thin blue line” that they so jealously guard (and “look the other way” when rogue cops abuse their authority) does much to taint ALL “law enforcement” with having ulterior motives.

IndenturedServant
IndenturedServant
April 22, 2015 6:07 pm

Cops were 100% in the wrong. No doubt. Having said that, her cock holster was flapping quite a bit. Certainly not illegal unless she was making threats. Now she could have been quietly narrating the action for the camera. She could have also been flipping the cops shit. Again, not illegal. I say this because in this day and age, if you want to get away with the goods, (video in this case) it behooves one to be a little discreet.

If the cop in North Charleston had done this to the guy filming he would have almost certainly gotten away with murder.

NickelthroweR
NickelthroweR
April 22, 2015 6:21 pm

Pretty soon Uncle Sam will be faced with a simple choice – rein in local law enforcement and vehemently prosecute all police misconduct or violent revolution. I’d like to remind everyone here that the American Revolution was sold to the common man as a justifiable response to bad police practices.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For Quartering large bodies of armed troops among us:

Anonymous
Anonymous
April 22, 2015 6:59 pm

Couple of lessons might be learned from the posts here:

If you see someone videoing a police encounter, stay a discrete distance away and video the videoing without attracting attention to the fact you’re doing it.

If you have to shoot someone in your home and the police have been called, drop your weapon immediately after you use it and exit the area, don’t keep it in hand.

Persnickety
Persnickety
April 22, 2015 9:11 pm

I’ve come to the conclusion that police in the USA cannot be reformed in a meaningful way. The problem is no longer one of quality or corruption or oversight – it is one of the very concept. The US concept of police, born of slave patrols in the antebellum south, is simply not compatible with our purported values of liberty and dignity.

Bot
Bot
April 22, 2015 10:06 pm

All of the above speculation is just that. The only solution is to remove policing from the state and allow the more rigorous, competitive environment of the free market provide the service. Reputation and competition insures that providers who don’t meet the very highest standards don’t stay in business. Can’t fire your local cop fucks can you?

Sensetti
Sensetti
April 22, 2015 10:53 pm

Damn it boy, Admin that’s some funny shit, that black dog.

starfcker
starfcker
April 22, 2015 11:45 pm

Right. But the black dog is being compliant, so he won’t get shot. See?