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Title: Teen Beaten, Pepper Sprayed, Tasered, Arrested because Cops Said he Had “No Legitimate Purpose”
Source:
Free Thought Project
URL Source: http://thefreethoughtproject.com/te ... -probable/#uEulWZVXFIcWUcM7.99
Published: Oct 22, 2015
Author: Matt Agorist
Post Date: 2015-10-23 13:39:09 by Deckard
Keywords: None
Views: 2945
Comments: 18
Manchester, NH — Connor DeLeire, 18, was not breaking any laws, not causing anyone harm, and was on public property when he was approached by police, beaten, tasered, pepper sprayed and arrested. The reason police gave to the press for approaching DeLeire was that he was parked in a “predictive hot spot.” As officer Derek Cataldo drove by the teen who was doing absolutely nothing wrong at 5:35 pm, he decided to violate the rights of DeLeire to determine if he was there for “legitimate purposes.” DeLeire was sitting in the driver’s seat. Cataldo drove by the car and then circled the block to get a better look and determine if Deleire was there for legitimate purposes, according to a news release sent out by Lt. Brian O’Keefe. Cataldo then approached DeLeire and attempted to “determine if he was there for legitimate purposes.” Like most people who are approached by armed agents of the state who can legally kill you, DeLeire was nervous. According to the Union Leader: He gave the officer his identification and “attempted to provide a legitimate reason for being in the area,” O’Keefe wrote. Cataldo felt he was there for no legitimate purposes and asked him to step out of the car. When Deleire did, Cataldo noticed a holstered Beretta 9mm. Cataldo took it, placed it inside the car and continued speaking with Deleire. Deleire, police said, grew agitated and stated he was not agreeing to his person or property being searched. Unconcerned that his questioning had turned into a rights-violating unlawful detainment, Cataldo continued. New Hampshire is an open carry state and a permit is only required if the owner wishes to carry a loaded gun in a vehicle. When Cataldo began to pat down Deleire, he discovered the magazine in DeLeire’s front pocket. It is important to note that Deleire had broken no law at this point. The only person in violation of any law was officer Cataldo as he had no probable cause for the stop. According to police, DeLeire began “thrashing back and forth,” so more police arrived to “help subdue the combative man.” Four officers then beat down, pepper sprayed, and tasered a man whose only “crime” was “resisting” his armed aggressors. DeLeire was then arrested for “resisting arrest” and brought to jail. He was later released on a $1,000 personal recognizance bail and is scheduled to appear in court on Nov. 24. For the actions of these officers, the taxpayers of Manchester will now be held to the fire for the subsequent lawsuit that will most assuredly result from this situation. There are two things that could have prevented this situation, the first of which is the least likely. Had police respected the Constitution, this entire incident would have never happened. However, as we’ve seen time and again, cops continue to fail to respect the constitutional rights of citizens. The second factor that could have prevented this violent escalation would have been DeLeire effectively asserting his rights. Having done nothing wrong, DeLeire should have asked the two most important questions, “Am I being detained? Am I free to go?” The situation could have ended after those questions. Or, if the officer continued to violate his rights, DeLeire should have pulled out his camera and documented the officer’s crimes while continuing to remain silent and assert his rights. Knowing that police are willing to violate your rights is only half of the solution. The other half of the battle is your ability to defeat them at their own game by knowing your rights, and effectively asserting them. UPDATE: Since this story broke, we have been contacted by DeLeire’s family who tells the Free Thought Project that he actually had a concealed carry permit, so this was a non-issue. They also told us that DeLeire asked if he was being arrested and police gave him no response. Once he was thrown on the ground and down, police then tasered and pepper sprayed him. Images given to the Free Thought Project by DeLeire’s family are much worse than the media released.
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#1. To: Deckard (#0)
A bad PR move on the part of these cops. And they wonder why their public approval ratings are down. Si vis pacem, para bellum Those who beat their swords into plowshares will plow for those who don't Rebellion to tyrants is obedience to God.
This is considered a Terry stop. The officer only needs reasonable suspicion, not probable cause. At this particular location, "police data showed 24 recent complaints about prostitution and 10 people who have overdosed in their cars in the last 90 days".
He'll hafta go look the term up on Wikipedia.
How does a "Terry Stop" differ to that of a totality of circumstance where in both issues neither require probable cause let alone a reasonable on?
Reasonable suspicion as determined by a paranoid mentality or a bully ready to take his hostilty out on someone. This country is getting too lax and playful in its generation of new laws based upon vague terms that don't need to be proven.
Citizen, who are you and what is your purpose in life?
Psalm 37
A Terry stop is merely a brief detention by the police. It is based on a reasonable suspicion that a crime is about to be committed. That reasonable suspicion, in turn, is based on “the totality of the circumstances". Probable cause is a higher standard than reasonable suspicion, and is needed to conduct a search or an actual arrest.
I bet you got that definition from a Deckard website, didn't you?
I bet you got that definition from a Deckard website, didn't you? I didn't know Deckard had a website. I constructed that definition, myself, from my own scholastic background, a review of police and legal news, and past conversations with lawyers and judges. What we're seeing in this countey is a concrurrent expansion of, and erosion of the discipline and rationality of law and its administration. Law and its administration have become a huge interactive monopolistic labor union that has become completely out of hand, that is unconcionably self-protective, has an entitlement to stick its nose into everything under the weakest and most insane rationalizations, and threatens this country with a heavy-handed brutality that the average citizen is unable to contest.
What we are seeing in this country is an increasing level of disrespect for the rule of law and of law enforcement officers. Let's examine the case that st started it -- Michael Brown in Ferguson, Missouri. This animal goes into a st store, takes what he wants without paying, and strong-arms the owner on the way ou ou ou out. He then walks down the middle of the street. A cop pulls up and asks him to use the sidewalk. The sub-human responds by beating the cop and trying to take his gun. He was then put down like the dog he was. To you, this rep represents represents the "erosion of the discipline and rationality of law and its a administration"?
No. Why would you think that?
I hope that kid has a good lawyer. The idea of "brief detention" stops by law enforcement on public property is getting out of control.
The 18-year-old was parked in an area of drug use and prostitution. Since he was armed, maybe he knew that. Maybe not. But the cop did the right thing to stop and ask him what he was doing there. For the teen's safety, if nothing else. Things got out of hand because of what the teen did, not the cop.
Deleire, police said, grew agitated and stated he was not agreeing to his person or property being searched. By Pat Grossmith [excerpt] After several minutes, Cataldo approached the car and began talking with Deleire, who police said was physically shaking. He gave the officer his identification and “attempted to provide a legitimate reason for being in the area,” O’Keefe wrote. Cataldo felt he was there for no legitimate purposes and asked him to step out of the car. When Deleire did, Cataldo noticed a holstered Beretta 9mm. Cataldo took it, placed it inside the car and continued speaking with Deleire. Deleire, police said, grew agitated and stated he was not agreeing to his person or property being searched. Cataldo told him he was conducting a pat down search to ensure the safety of himself and another officer who arrived on the scene. Police said Cataldo then felt what he believed to be a gun magazine in Deleire’s front left pocket. Deleire pulled away and shoved his hand into his pocket, prompting the officer to “forcefully” pull his hand out of it. When he did, Deleire was holding several items including a fully loaded gun magazine. Deleire, police said, was agitated and, after dropping the gun magazine and other items on the roof of his Honda, began thrashing back and forth. Cataldo told him he was under arrest for resisting arrest/detention and police said Deleire began fighting with him and another officer. http://www.unionleader.com/Manchester-chief-defends-hot-spot-arrest By Mark Hayward [excerpt] But Police Chief Nick Willard said Connor DeLeire’s decision not to cooperate is what led to his arrest. Willard said police use a stun gun and pepper spray to avoid injury when a person does not submit to an arrest. “It’s the officer who’s doing his job. He’s doing what’s expected of him,” Willard said. “It’s the individual who took it to a completely different level. “If’s he’s told he’s under arrest, for whatever reason that might be, he has to cooperate,” Willard said. The comments follow the arrest Tuesday evening at Merrimack and Union streets, an area that police term a “predictive hot spot.” Police data showed 24 recent complaints about prostitution and 10 people who have overdosed in their cars in the last 90 days. According to a statement issued Wednesday, DeLeire was arrested after he grew agitated and eventually fought with police when they started to search him outside his parked car on Merrimack Street.
I don't understand the teen's behavior.
There is insufficient information to do more than speculate. He was parked in an area known for drugs and prostitutes. He could have just been taking in the scenery. What was he thinking getting out of the car with a holstered handgun without first telling the cop it was there? He could have just been the nervous type.
He forgot? The cop handled that well, though.
Uh-huh. And those hoofbeats could be zebras.
" Teen Beaten, Pepper Sprayed, Tasered, Arrested because Cops Said he Had “No Legitimate Purpose” "
#2. To: Deckard (#0)
"The only person in violation of any law was officer Cataldo as he had no probable cause for the stop."
#3. To: misterwhite (#2)
This is considered a Terry stop.
#4. To: misterwhite (#2)
#5. To: misterwhite (#2)
This is considered a Terry stop. The officer only needs reasonable suspicion
#6. To: Deckard (#0)
#7. To: goldilucky (#4)
"How does a "Terry Stop" differ to that of a totality of circumstance where in both issues neither require probable cause let alone a reasonable on?"
#8. To: rlk (#5)
"Reasonable suspicion as determined by a paranoid mentality or a bully ready to take his hostilty out on someone."
#9. To: misterwhite (#8)
(Edited)
"Reasonable suspicion as determined by a paranoid mentality or a bully ready to take his hostilty out on someone."
#10. To: rlk (#9)
"What we're seeing in this countey is a concrurrent expansion of, and erosion of the discipline and rationality of law and its administration."
#11. To: misterwhite (#10)
To you, this rep represents represents the "erosion of the discipline and rationality of law and its a administration"?
#12. To: misterwhite (#7)
#13. To: goldilucky (#12)
"The idea of "brief detention" stops by law enforcement on public property is getting out of control."
#14. To: Deckard (#0)
According to the Union Leader:
He gave the officer his identification and “attempted to provide a legitimate reason for being in the area,” O’Keefe wrote. Cataldo felt he was there for no legitimate purposes and asked him to step out of the car. When Deleire did, Cataldo noticed a holstered Beretta 9mm. Cataldo took it, placed it inside the car and continued speaking with Deleire.
Police say man charged with resisting arrest was first observed in a car in a 'predictive hot spot'
New Hampshire Union Leader
October 21. 2015 9:51PM Manchester chief defends 'hot-spot' arrest
New Hampshire Union Leader
October 22, 2015
#15. To: nolu chan (#14)
#16. To: misterwhite (#15)
I don't understand the teen's behavior.
#17. To: nolu chan (#16)
"What was he thinking getting out of the car with a holstered handgun without first telling the cop it was there?"
#18. To: nolu chan (#16)
"There is insufficient information to do more than speculate. He was parked in an area known for drugs and prostitutes. He could have just been taking in the scenery."
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