Dershowitz lamented that this is a very sad day for justice and told Steve Malzberg that Mosby acted out of a desire to prevent riots. It will be virtually impossible, he predicted, for the six officers involved to get a fair trial.
And as for murder charges, Dershowitz said theres no plausible, hypothetical, conceivable case for murder and this is a show trial. He predicted that Mosby might get removed as prosecutor and Baltimore citizens may get upset if and/or when they move to a place with a different demographic.
He concluded that its unlikely theyll get any convictions in this case and if they do theyll likely be reversed on appeal.
I'm sure they will get some low level convictions and some high dollar civil judgements against them. There is no denying that officers arrested without probable cause... and then violated policy by not seat belting this turd inside the transport vehicle... and then dragged their feet getting him medical attention for his self inflicted injuries.
All six are fuked... and so will Mosby's career after the DA doesn't hit the home run that racist set up today.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
There is no denying that officers arrested without probable cause.
A predicate felon, known to the department, loitering in an area known for drug sales flees from cops when approached = probable cause to stop & question. He fled & resisted = a good arrest.
A predicate felon, known to the department, loitering in an area known for drug sales flees from cops when approached = probable cause to stop & question. He fled & resisted = a good arrest.
It wasn't a good arrest. Generally, flight from the police alone does not support "PC" or reasonable suspicion to run after or chase a subject on foot. I do realize there are several case laws that allow officers to instantly have "reasonable suspicion" by flight alone IF it's in a high crime area by a known criminal... I get that. But, they gave chase and in the end... found nothing but a legal pocket knife. To keep him in custody, what's the "good arrest" based on?
I won't argue the chase... but I'll argue the arrest after the chase.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Toxicology report shows evidence of heroin and marijuana, further, he was observed making a drug sale.
Show me a case were possession IN THE BLOODSTREAM is chargeable for possession. One case where a conviction was upheld... even after appeal.
Secondly, a drug deal without evidence? Where's the other half of the transaction? Without the other half and no drugs found on the deceased... where's the PC? Kinda thin, isn't it?
Sounds like the bogus charge of a switchblade was the best they had.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
That's gonna help get a acquittal on the murder charge and manslaughter charges... as it will help jurors believe he was high enough to inflict his own injuries... but it doesn't lend credibility to support the original charge for arrest.
It's simple.... Police gave chase via a hunch. Once apprehended, they had shit. They were pissed... arrested on the knife and probably planned on a resisting charge because he ran. They should have saved face and let him go. A shitbag as bad as he was will always give more chances in the future for solid arrests.... so why risk a thin charge or trumped up charge?
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Ok... and how do you get a conviction for an actual "drug sale" without any evidence the product sold was drugs or the other half of the sale? I've never seen an arrest based on... well I saw a hand to hand transaction... and I THINK it was drugs. lol
Or was it alleged because they had nothing on the subject after they apprehended?
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Ok... and how do you get a conviction for an actual "drug sale" without any evidence the product sold was drugs or the other half of the sale?
No evidence? Happens all the time. The exchange is made for cash, with the cash being the evidence. Surely you've come across a dealer selling one bundle and calling it a day? At any rate it's reasonable for the officers to have wanted to speak to him and his fleeing raised it to probable cause. Cop 101 here.
And why toss conviction into this? We're discussing an arrest and transport.
And if you're telling me as an officer you wouldn't arrest someone after witnessing an exchange of decks of heroin (packaged in distinct glassine bags) for cash I'd be left scratching my head.
Sounds like the bogus charge of a switchblade was the best they had.
Supposedly, they do have the switchblade as evidence.
The false arrest is apparently due to a police report on the arrest that they initially went after the perp solely because he averted his eyes from the police.
That seems to be the entire basis for the D.A. to allege false arrest, not that the perp didn't have a switchblade.
I've seen his record. His record doesn't lend credibility to the arrest itself. Yes... he's a career shitbag. That's due to a failure of the courts and corrections part of the criminal justice system.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Supposedly, they do have the switchblade as evidence.
Then the States Attorney is gonna look pretty stupid. She stated very clearly that the knife he had was legal.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
The false arrest is apparently due to a police report on the arrest that they initially went after the perp solely because he averted his eyes from the police.
That seems to be the entire basis for the D.A. to allege false arrest, not that the perp didn't have a switchblade.
Negative. Listen to the States Attorney from 10:30 this morning. She made it clear that the knife was legal and the arrest was unsubstantiated.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
"The knife was not a switchblade, and it is lawful," Mosby said Friday
Correct.
I see someone was paying attention.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
No evidence? Happens all the time. The exchange is made for cash, with the cash being the evidence. Surely you've come across a dealer selling one bundle and calling it a day?
Sure I have... but I always have the marked cash... or the drug product sold for evidence. They have none of that.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
And why toss conviction into this? We're discussing an arrest and transport.
Why arrest and transport without an even close to a winnable case? I don't even consider "I saw a drug sale"... and after the stop and frisk I have no drug money, no drug evidence or the other half of the sale. That's not even PC. That's bullshit and you know it.
"I saw a drug sale" is enough for the stop and frisk. Once they have nothing to substantiate WHAT I THINK I SAW... let him GO.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Im thinking the knife may have been a one-hand opening knife .an assisted opening mechanism for easy single handed opening.
Edit: I just found this: "The knife was recovered, the report says, and "found to be a spring-assisted, one hand operated knife."
Yes... and earlier today I reviewed that states criminal law. The knife was legal unless it classified as a "gravity knife" or switchblade.
I don't think they are guilty of murder, manslaughter or even assault... but I do feel the arrest was bad, they failed to get him medical attention in a reasonable time... and they violated policy by not seat belting his ass into that paddy wagon.
They are screwed. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I don't think they are guilty of murder, manslaughter or even assault... but I do feel the arrest was bad, they failed to get him medical attention in a reasonable time... and they violated policy by not seat belting his ass into that paddy wagon.
It looks like this is the case....thus far.
Some "lawyers" say it should be "civil" and not "criminal"....what's your opinion?
So before making an arrest you pause and ponder the odds of a positive jury verdict?
Bang, bang, you're dead.
So much drama. You are almost as bad as Deckard.
Officers had plenty of time (and should look at the facts of their investigation)... after he's apprehended on PC... but after they realize their suspicions aren't supported by squat... Let him go.
Why make a mistake worse by making it bigger... unless you hurt him putting him in custody and you are worried about a LIABILTY lawsuit without an arrestable offense. lol
I let many go from being detained on probable cause after I found out my PC was something else or unsubstantiated by anything to corroborate my PC.
The last thing I ever wanted was to lose a case and look like a dipshit on the stand. It's not what I know... it's what I can prove.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
I feel that it's all civil besides the lack of medical attention. That could be criminal... Official Misconduct or fail to act. The rest IMHO is civil... and they should all be fired. They do shoddy work.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
How do u let him go after he resisted? That's a separate crime.
Resisted what? lol
He has a right to run from the cops absent any arrestable offense. The knife was legal and there was no provable drug deal.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
Do you understand he resisted the officers after what you agree was probable cause to stop & question? Again, that is a crime. You get this stuff, right?
Negative. Listen to the States Attorney from 10:30 this morning. She made it clear that the knife was legal and the arrest was unsubstantiated.
Well, as usual, most of the early reporting on a high profile police case turns out to be totally false.
This looks worse and worse for the cops. No probable cause, no switchblade, dead suspect with an near-severed spinal cord (not easy to do). And now it seems the paddy wagon made an extra stop before it got to the police station but everyone involved forgot until now about the extra stop by the wagon.
He had been arrested 22 times, according to one report. It looks to me like the six cops thought here he is again .got complacent and started thinking lets just get this over with.
Rule #1: Always follow the law and departmental procedures. Rule #2: Always follow Rule #1.
I have been hoping for some out for the officers, but the more I look into this and the more I learn .I see none.
You might find this hard to believe... but all the times I witnessed someone run on foot away from me just because we looked at each other, I NEVER GAVE CHASE. Why? Let the douche run in front of a moving car for all I care... I ain't sweating my ass off for something i have no clue how big it is. Could be a joint... a kilo of cocaine or NOTHING AT ALL... like I care.
Not giving chase JUST for eye to eye contact was part of my basic academy training... I stuck by it.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
And now it seems the paddy wagon made an extra stop before it got to the police station but everyone involved forgot until now about the extra stop by the wagon.
They were screwed when he died of injuries not that they caused but while in their custody. Once cuffed, the turd bag is all YOUR responsibility... plain and simple. Liability, it's a bitch.
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy
They are reporting they saw a drug transaction, so your post isn't relevant unless you ignored such things.
They also saw a switchblade. lol
Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy