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...non-extant, as these mooks clearly did with this suspect, then you are not actually in the legal position that these cops were and that many cops are when they fuck up. All you are doing is comparing a stop without use of force to those in which police physically...
...engaged with a suspect. With your orange, you can resolve the mere detention with paperwork and an apology because it is not a fucking apple: One in which the detainee was already struck or tackled. Hence the famous -- known to every big-city cop I ever encountered...
...as "if we hit him, they gotta go." If a cop physically restrains, tussles, fights or otherwise harms a suspect in any way, then finds out that his presumption of a crime was wrong -- a rubicon is crossed by which he needs to conjure a charge...
...and every fucking sergeant tells his squad this: You can't cut a guy lose after it's been physical, if you do, you are wide open to brutality or false detention/arrest complaints or criminal charges. You gotta charge some kinda humble: Failure to obey, failure to yield...
....loitering, disturbing the peace. You must give the ASA something to barter away in order to get that defendant to agree to waive his rights to later legal action -- which they invariably do in my city because they station a young prosecutor....
...at Central Booking intake where he explains to defendants that they can go home right now with charges dropped if they just sign this waiver of liability form, or they can wait 24-48 hours in a holding cell to see a court commissioner. Most sign the form. That barter...
...doesn't exist without the humble being dropped on the physically attacked suspect -- which is why these asshole cops were conjuring a disturbing the peace remedy for their fuck-up. Every NYPD, Philly and Baltimore cop knows and acknowledges this absurd dynamic...
...but legal liability for the officer and department drives the reality. So now you come with stories about non-physical moments of detention, which of course don't carry the same remote measure of liability as one involving actual physical violence or brutality...
...and you try to claim that police don't engage in the paradigm overall. Sorry, no. That's not what is being discussed here and it is not at all the same. I'm going to say that if a SFPD officer chases a guy, tackles a guy or kicks a guy's ass in the course of....
...making an arrest, then finds out he is utterly mistaken about any crime being committed, he does not simply apologize, dust the guy off, and say whoops. Not without being sued and/or losing his job as a matter of routine. Nah. He finds a reason why the violence ensued that...
...justifies the resort to violence. He manufactures the PC that he didn't have in the first place to explain the violence. The suspect seemed to threaten another civilian, or became belligerent when, or was a threat to himself or others, or....Any cop who physically hits a...
...citizen and then fails to conjure even a manufactured legal standing for doing so isn't a cop for long, or even if he survives, his city ends up paying tens of thousands of dollars in settlement behind him. Which is why the BS charges happen everywhere.
