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It is currently Thu Feb 06, 2025 4:42 pm
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Cops Choke (Kill) Man on Tractor (non existent warrant)
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jackass
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Location: Burien Joined: Sun Sep 22, 2013 Posts: 6175
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http://thewashingtonstandard.com/man-on ... ath-video/Where are Black Lives Matter? Marksville, LA — Last year, Armando Frank was sitting on his tractor when he was approached by police who were going to serve him a warrant for alleged trespassing. When Frank asked to see the warrant — which the cops never produced — he was tasered, choked, pulled from his tractor and killed. In the attack caught on video, never once did Frank try to hurt the officers. As the police body camera video shows, within just a few moments of confronting Frank, officers grow agitated with his passive resistance. Frank is merely asking to see the warrant the officers claim to have, but they do not produce it, nor did they give him any reason for the arrest. Instead, Frank is told to come with them downtown where they will show him the warrant. This was an idea that Frank did not like, so he merely sat there on his tractor in the parking lot of a Walmart. During the incident, which took place Oct 20, 2017, two Avoyelles Parish sheriff’s deputies, Brandon Spillman and Alexander Daniel, along with Marksville Police officer Kenneth Parnell, tried to force Frank from his tractor. All three cops are named in a recent lawsuit on behalf of Frank’s estate.
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| Wed Aug 08, 2018 2:19 pm |
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 19173
Real Name: Johnny 5
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So, coroner said he was strangled....That's lethal force.... But they didn't indict the officers?
Dude's unconscious/dead and they just drag his lifeless body across the parking lot, dump him in the back of the car, and don't call for help?
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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| Wed Aug 08, 2018 3:35 pm |
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AR15L
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Location: Nampa, Idaho Joined: Thu Mar 17, 2011 Posts: 20125
Real Name: Rick
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TechnoWeenie wrote: So, coroner said he was strangled....That's lethal force.... But they didn't indict the officers?
Dude's unconscious/dead and they just drag his lifeless body across the parking lot, dump him in the back of the car, and don't call for help? He needed to stop resisting.
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| Wed Aug 08, 2018 3:39 pm |
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 19173
Real Name: Johnny 5
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AR15L wrote: TechnoWeenie wrote: So, coroner said he was strangled....That's lethal force.... But they didn't indict the officers?
Dude's unconscious/dead and they just drag his lifeless body across the parking lot, dump him in the back of the car, and don't call for help? He needed to stop resisting. I was waiting for them to start yelling 'stop resisting' as his lifeless body was on the ground, as he was having a hell of a time getting cuffs on.
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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| Wed Aug 08, 2018 4:19 pm |
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MadPick
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Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 53102
Real Name: Steve
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I fixed the link in the OP.
So, a question: What's the legality here? If there's a warrant for someone's arrest, do you need to show it to the person that you're arresting? Or is it legit for it to be "back at the station" or whatever?
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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| Wed Aug 08, 2018 4:55 pm |
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jackass
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Location: Burien Joined: Sun Sep 22, 2013 Posts: 6175
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Something is clearly afoot when a warrant is mentioned but not present for inspection.
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| Wed Aug 08, 2018 5:00 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 53102
Real Name: Steve
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jackass wrote: Something is clearly afoot when a warrant is mentioned but not present for inspection. Doesn't that happen all the time? Cops pull over a guy, call him in, and find out that there's a warrant for his arrest? I assume they don't have a paper copy to show him.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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| Wed Aug 08, 2018 5:02 pm |
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jackass
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Location: Burien Joined: Sun Sep 22, 2013 Posts: 6175
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http://www.lawfirms.com/resources/crimi ... -means.htmWhy has an arrest warrant been issued for me? There are a variety of different reasons as to why an arrest warrant has been issued: Suspect involved in a (felony) .. but not trespassing. When an arrest warrant is issued, the suspect named on the warrant can be arrested at anytime, anywhere an officer notices them. It doesn’t matter what they are doing at the time. An arrest warrant is not always served by law enforcement officials right away. Outstanding arrest warrants are arrest warrants that have yet to be served by law enforcement officials. There are hundreds of thousands of outstanding arrest warrants across the country today. Los Angeles alone has one million outstanding arrest warrants. New Orleans has 49,000 outstanding arrest warrants and Baltimore, Maryland has 53,000 outstanding arrest warrants.
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| Wed Aug 08, 2018 5:16 pm |
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jackass
Site Supporter
Location: Burien Joined: Sun Sep 22, 2013 Posts: 6175
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https://sfcriminallawspecialist.com/blo ... t-warrant/What is a warrantless arrest? As the name implies, a warrantless arrest is simply an arrest without a warrant. When police officers make a warrantless arrest, a judge does not have a chance to determine ahead of time whether the police have probable cause to make the arrest. Nevertheless, the Fourth amendment probable cause requirement remains the same. For a suspect to remain in custody following an arrest, the police must speedily satisfy a judge or magistrate that they had probable cause to make the arrest. (Gerstein v. Pugh, U.S. Sup. Ct. 1975) When can a police officer legally make a warrantless arrest? Assuming that they have probable cause to make an arrest, police officers can legally make warrantless arrests in these two circumstances: When the crime is committed in the officer’s presence. For example, a police officer, on routine patrol, sees a driver strike a pedestrian and drive off without stopping (the crime of “hit and run”). The police officer can pursue the driver and place him in custody. When the officer has probable cause to believe that the suspect committed a felony, whether or not the deed was done in the officer’s presence. The bottom line: Warrantless arrests are generally okay if probable cause exists, except if a police officer arrests a suspect for a misdemeanor not committed in the officer’s presence.
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| Wed Aug 08, 2018 5:17 pm |
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Selador
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Location: Index Joined: Thu Aug 23, 2012 Posts: 12955
Real Name: Jeff
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He knew his rights!
Wait. Thats the other youtube tractor guy...
_________________ -Jeff
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| Wed Aug 08, 2018 5:19 pm |
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Sinus211
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Location: Marysville Joined: Thu Mar 22, 2012 Posts: 13843
Real Name: Mike
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jackass wrote: Los Angeles alone has one million outstanding arrest warrants. Sanctuary city. Sigh.
_________________Licensed/Bonded/Insured Hardwood Floor Installer/Finisher http://www.hardwoodfloorsnw.com/
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| Wed Aug 08, 2018 5:20 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 53102
Real Name: Steve
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Thanks. It sounds like this was an arrest based on a warrant, not a warrantless arrest.
"When an arrest warrant is issued, the suspect named on the warrant can be arrested at anytime, anywhere an officer notices them. It doesn’t matter what they are doing at the time."
Which is what happened here.
Should the officers have told him that he was under arrest while he was on the tractor? Would that have changed things?
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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| Wed Aug 08, 2018 5:21 pm |
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TechnoWeenie
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Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 19173
Real Name: Johnny 5
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MadPick wrote: Thanks. It sounds like this was an arrest based on a warrant, not a warrantless arrest.
"When an arrest warrant is issued, the suspect named on the warrant can be arrested at anytime, anywhere an officer notices them. It doesn’t matter what they are doing at the time."
Which is what happened here.
Should the officers have told him that he was under arrest while he was on the tractor? Would that have changed things? Do you normally choke and kill people refusing to exit their vehicle? Just further proves that all laws are backed by threat of violence/death.
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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| Wed Aug 08, 2018 5:45 pm |
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UpDog
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Location: Burien Joined: Wed Oct 5, 2011 Posts: 3434
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I lol’d when the rear naked choke officer got hit by the taser. Legality? Probably legal, I don’t know but thats not the only aspect here. Reasonable force? Whats department policy on chokes? Did it look like he officer was trying to gain control of the subjects hands? Is choking a useful way to get subjects to comply? Choking someone definitely makes instinct kick in, bringing the hands near the officer. MP, i think i looked up the same site you did (some firearms site) and it mentioned for SEARCH warrants, you ask = they show. And with no further ado.... https://youtu.be/HLks9vjAcGw
_________________ Slow is smooth and smooth is fast.
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| Wed Aug 08, 2018 5:49 pm |
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TechnoWeenie
Site Supporter
Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 19173
Real Name: Johnny 5
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MadPick wrote: jackass wrote: Something is clearly afoot when a warrant is mentioned but not present for inspection. Doesn't that happen all the time? Cops pull over a guy, call him in, and find out that there's a warrant for his arrest? I assume they don't have a paper copy to show him. Not only that, but some corrupt courts have ruled it's not an unlawful arrest if the officer 'thinks' they have a warrant, even if they don't, and that resisting the unlawful 'lawful' arrest on a warrant that doesn't exist is 'resisting arrest'...
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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| Wed Aug 08, 2018 5:54 pm |
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