Fans of classic sports cars are likely familiar with the OG cross-country car race movie, The Gumball Rally, and its iconic duel between a Cobra and a Ferrari Daytona.
While I don’t disagree with you, and certainly don’t “apologize” for bad behavior of the cops, Nichols would be alive today had he not run. He could have lived, gotten an attorney - sued - and likely prevailed in court. If you decide to try your case on the street or roadside you will ALWAYS lose. Shut your mouth, and get an attorney. Fight in court: your odds are much better. If you disagree, consider: How many of your friends will come help you during your fight with LE? How quickly can they arrive? Are they “Big Ol’ Boys” who will fight? Are they willing to use lethal force if needed - and willing to go to prison to help you? Because you begin to fight, more cops will come - perhaps “running lights and sirens.” “But, the ACLU….” Is the ACLU going to come help you if you fight? The arresting officer may have barely graduated high school - and you think he knows the history behind Miranda? Take the ride. Get an attorney. Fight in court. Keep your original teeth. And, I say all that as someone who has cleared fields of fire away from my house, in case the BATFE shows up…. But, that’s another topic.
Nichols did not deserve to have his face punched in while handcuffed. The issue here is the cops' duty to a certain level of behavior. No one has asserted, AFAIK, that Nichols was innocent, and the behaviors that transgressed the law should have been punished... by the courts, not by the cops. They had no business "tuning him up" or whatever.
When I write of cop apologetics, I'm referring to the generalized choosing of sides in favor of the police, and to the deference that goes with that bias. Cops should be held to a higher* standard, not given slack because they have to deal with criminals. There's a notion that they're engaged in great sacrifice by taking on the job, but in reality the risk they face isn't even top-ten compared to some other professions.
Nope, he didn’t deserve any of that - I agree. Had he not gotten up and run, he would have been cuffed - eventually - and could have won in court - both criminal court and easily with a civil suit. Now he’s dead, and Ben Crump will enrich himself. Is Ben Crump going to help Nichols’ child with homework? Is Ben Crump going to take Nichols’ parents to their medical appointments? No.
I heard the Memphis Police Chief say that she still doesn’t know what the probable cause was for the initial stop. “Reckless Driving” has been mentioned, but, I don’t think there’s any evidence of that.
I thought about this all day yesterday…. as I worked and babysat. I shall use myself - a very dull, unexciting person as an example.
As far as I know, I have absolutely nothing to interest law enforcement. I never, ever drive impaired. I have not burglarized anyone or anything. I have not passed any bad checks…. to my knowledge. However…….
Back in 2017, my ex-wife accused me of stealing a Toyota Camry. It’s a long, dumb story. I quickly contacted her attorney and documented everything on e-mail: potential evidence. A few days later, the car turned up at a salvage yard, and there was a record of the thieves bringing it there.
However…. Having retired from LE myself, I know how things go wrong sometimes. “What if” my ex (and a third party) been unable to contact me? What if they sent mail to my former address, and, by then, the forwarding had expired. What if people had been lazy and didn’t try hard to locate me, and they signed off on a warrant for my arrest? Such things *do* happen sometimes. What if a warrant had been issued - and someone forgotten to take it off the Georgia Crime Information Center database?
Let me paint you a picture: what if I were stopped during a traffic stop or license check? They run my tag, and a warrant comes up. Who stopped me? If it is a Georgia State Patrolman, he will politely and professionally arrest me and take me to jail. I will bond out. If the warrant came to the county where I live, the chief deputy has known me since second grade - we have arrested people together. He would call me and ask me to turn myself in.
But, what if I am stopped in a neighboring county where no one knows me? What if the deputy is someone who got his job through patronage, and who barely passed his exams in POST certification? If I try to argue, he might very well use a TASER or ASP baton. I promise you that both of those hurt, and, I will pick up an additional Obstruction charge. If I hurt the deputy, it will be a felony Obstruction case.
I am always armed. ALWAYS. When stopped, I always roll down my window and stick my hands out the window. I turn the dome light on, if at night. Never give LE an excuse. If you are right, argue in court.
While I don’t disagree with you, and certainly don’t “apologize” for bad behavior of the cops, Nichols would be alive today had he not run. He could have lived, gotten an attorney - sued - and likely prevailed in court. If you decide to try your case on the street or roadside you will ALWAYS lose. Shut your mouth, and get an attorney. Fight in court: your odds are much better. If you disagree, consider: How many of your friends will come help you during your fight with LE? How quickly can they arrive? Are they “Big Ol’ Boys” who will fight? Are they willing to use lethal force if needed - and willing to go to prison to help you? Because you begin to fight, more cops will come - perhaps “running lights and sirens.” “But, the ACLU….” Is the ACLU going to come help you if you fight? The arresting officer may have barely graduated high school - and you think he knows the history behind Miranda? Take the ride. Get an attorney. Fight in court. Keep your original teeth. And, I say all that as someone who has cleared fields of fire away from my house, in case the BATFE shows up…. But, that’s another topic.
Nichols did not deserve to have his face punched in while handcuffed. The issue here is the cops' duty to a certain level of behavior. No one has asserted, AFAIK, that Nichols was innocent, and the behaviors that transgressed the law should have been punished... by the courts, not by the cops. They had no business "tuning him up" or whatever.
When I write of cop apologetics, I'm referring to the generalized choosing of sides in favor of the police, and to the deference that goes with that bias. Cops should be held to a higher* standard, not given slack because they have to deal with criminals. There's a notion that they're engaged in great sacrifice by taking on the job, but in reality the risk they face isn't even top-ten compared to some other professions.
Nope, he didn’t deserve any of that - I agree. Had he not gotten up and run, he would have been cuffed - eventually - and could have won in court - both criminal court and easily with a civil suit. Now he’s dead, and Ben Crump will enrich himself. Is Ben Crump going to help Nichols’ child with homework? Is Ben Crump going to take Nichols’ parents to their medical appointments? No.
I heard the Memphis Police Chief say that she still doesn’t know what the probable cause was for the initial stop. “Reckless Driving” has been mentioned, but, I don’t think there’s any evidence of that.
I thought about this all day yesterday…. as I worked and babysat. I shall use myself - a very dull, unexciting person as an example.
As far as I know, I have absolutely nothing to interest law enforcement. I never, ever drive impaired. I have not burglarized anyone or anything. I have not passed any bad checks…. to my knowledge. However…….
Back in 2017, my ex-wife accused me of stealing a Toyota Camry. It’s a long, dumb story. I quickly contacted her attorney and documented everything on e-mail: potential evidence. A few days later, the car turned up at a salvage yard, and there was a record of the thieves bringing it there.
However…. Having retired from LE myself, I know how things go wrong sometimes. “What if” my ex (and a third party) been unable to contact me? What if they sent mail to my former address, and, by then, the forwarding had expired. What if people had been lazy and didn’t try hard to locate me, and they signed off on a warrant for my arrest? Such things *do* happen sometimes. What if a warrant had been issued - and someone forgotten to take it off the Georgia Crime Information Center database?
Let me paint you a picture: what if I were stopped during a traffic stop or license check? They run my tag, and a warrant comes up. Who stopped me? If it is a Georgia State Patrolman, he will politely and professionally arrest me and take me to jail. I will bond out. If the warrant came to the county where I live, the chief deputy has known me since second grade - we have arrested people together. He would call me and ask me to turn myself in.
But, what if I am stopped in a neighboring county where no one knows me? What if the deputy is someone who got his job through patronage, and who barely passed his exams in POST certification? If I try to argue, he might very well use a TASER or ASP baton. I promise you that both of those hurt, and, I will pick up an additional Obstruction charge. If I hurt the deputy, it will be a felony Obstruction case.
I am always armed. ALWAYS. When stopped, I always roll down my window and stick my hands out the window. I turn the dome light on, if at night. Never give LE an excuse. If you are right, argue in court.