One of the cops was black and one was a woman, so we don't have to rely on the assumption that this was "motivated" by anything other than wanting to clear the area around the crime scene (already in progress).
According to 7News Miami, Kerley was concerned about his car, which was parked near the scene of a police investigation, and refused to leave when asked by officers.
Police said he became increasingly aggressive and refused to leave when asked by officers. Despite attempts to de-escalate the situation, Kerley assumed a fighting stance and ignored lawful commands, leading to his resistance during the arrest, according to police. Emergency backup was called, and a dart-firing stun gun was deployed to subdue Kerley, who was subsequently taken into custody without further incident. Kerley faces charges of battery on a police officer, corrections officer, or firefighter, resisting an officer without violence and disorderly conduct.
Nothing in the piece of video we’ve seen or the description in the article shows Kerley doing anything wrong. At this point the violent conduct of the police officers seems completely unjustified.
He was asked to leave. Multiple times. I understand it’s a non violent situation, but do what you’re told.
Miami cops have to be right up there with NYC cops.
Guns, Roids, 12 hour shifts and Monster energy drinks for guys who don't work out. Nyc cops have the Irish curse or are 5 foot 2. Miami cops have 90 degree winters and fat wives. Drives them all insane.
Those cops will end up losing their jobs and charges possibly laid. Cops are idiots who think they can arrest someone for something they escalated based on a power trip.
Exactly. It’s pretty unusual to have assault-less battery. Could happen with a random sucker punch from behind but usually someone has been threatened by the time there is contact
Charging “battery on a police officer” and “resisting arrest without violence” also seems contradictory. Did he hit a cop or didn’t he?
The body cam footage makes the resisting charge seem more plausible than battery. Though I still don’t like the way the cops acted here.
You guys are really stupid, you know that? I swear people have lost all abilities to think critically.
They are 2 separate charges. He is alleged to have bettered a police officer (pushing an officer would qualify) and then when they tried to arrest him for said battery, he resisted without violence. Resisting without violence is refusing to put your hands behind your back, curing up into a ball, or doing anything to avoid being arrested while not using violence or fleeing. Fleeing is a different charge as is resisting with violence. It's not that hard people.
Oddly, Sheldon Fox’s own article, which gets top billing on WSVN 7 News Miami’s website, does not mention these additional charges. I don’t know what to make of that. They’re obviously extremely serious.
MIAMI BEACH, FLA. (WSVN) - An Olympic sprinter for Team USA was arrested in Miami Beach after a confrontation with police officers, according to authorities.AccordingRead More
Here's the problem. Police have complete authority to control a situation where anyone POTENTIALLY involved is present, not even a suspect. Full stop. They have the ability to detain (not arrest) anyone they see fit. Now if someone resists that detainment, that has by definition escalated the situation. At that point, they have the right (whether you like it or not) to use reasonable force to control that person. And if that person continues to resist, yes, a taser is legally justified. What excessive force ALWAYS involves is using force at a level that is unnecessary to detain those individuals. That is usually overtly violent punches, kicks, baton strikes, and of course, their firearm being discharged.
What this will come down to was anything those cops did excessive in a situation where they have every right to detain someone that is uncooperative? Right now we have ZERO evidence that's actually the case, that video included. You and I may not like the optics of what we've seen thus far, but that has nothing to do with the legal thresholds involved.
This does not mean police can give you orders that are not lawful. People automatically believe they have to do everything the police say, but that is NOT true. They can detain you if they can reasonably articulate that you are suspected of a crime, but they can't for no reason. You don't have to answer their questions or help them in their investigation in any way. People have to know their rights when it comes to power hungry government law officials. From what I have seen, Kerley did not break any law by trying to get to his car. Police can't order you to go a different way for no reason. They are also not allowed to put their hands on you like they appeared to do in one of the videos.
Here's the problem. Police have complete authority to control a situation where anyone POTENTIALLY involved is present, not even a suspect. Full stop. They have the ability to detain (not arrest) anyone they see fit. Now if someone resists that detainment, that has by definition escalated the situation. At that point, they have the right (whether you like it or not) to use reasonable force to control that person. And if that person continues to resist, yes, a taser is legally justified. What excessive force ALWAYS involves is using force at a level that is unnecessary to detain those individuals. That is usually overtly violent punches, kicks, baton strikes, and of course, their firearm being discharged.
What this will come down to was anything those cops did excessive in a situation where they have every right to detain someone that is uncooperative? Right now we have ZERO evidence that's actually the case, that video included. You and I may not like the optics of what we've seen thus far, but that has nothing to do with the legal thresholds involved.
This does not mean police can give you orders that are not lawful. People automatically believe they have to do everything the police say, but that is NOT true. They can detain you if they can reasonably articulate that you are suspected of a crime, but they can't for no reason. You don't have to answer their questions or help them in their investigation in any way. People have to know their rights when it comes to power hungry government law officials. From what I have seen, Kerley did not break any law by trying to get to his car. Police can't order you to go a different way for no reason. They are also not allowed to put their hands on you like they appeared to do in one of the videos.
Absolutely correct. Fred has hundreds of thousands, if not a couple of million, dollars in his bank accounts. The attorneys he retains are going to eat Miami PD alive and Fred will be able to retire from the settlement.
The charges from May will have no bearing on this current incident. The police boxed Fred in then one of them laid his hands on Fred trying to grab him. Game over for Miami PD.
Help us build the best running shoe review site for a chance to win a LetsRun t-shirt.Help us build the best running shoe review site for a chance to win one of 10 LetsRun t-shirts.
