So another POS criminal cant' behave himself and Atlanta burns...

Gilligan

#*! boat!
PREMO Member
It seems like the sort of offense that could be handled by a citation, along with precautions aimed at ensuring that an intoxicated driver does not get back behind the wheel.
"It seems like.."....LOL. Yet...right here in MD, people are routinely arrested and charged with DUI when found sleeping it off in their parked vehicle.
 

herb749

Well-Known Member
Was the Shooting of Rayshard Brooks 'Lawful but Awful'?


"All right, you good?" Officer Devin Brosnan inquires after waking Brooks up at 10:42 p.m. He asks Brooks to move his car to a nearby parking space, initially suggesting that he take a nap there. Seven minutes after arriving, Brosnan calls for another officer.

After Rolfe arrives at 10:56 p.m., he consults with Brosnan. Rolfe asks Brooks to get out of the car and asks if he has any weapons. Brooks says he does not and consents to a pat-down. Rolfe performs a seven-minute field sobriety test.

Brooks is "compliant and friendly with the officers throughout this time," the Times notes. He admits that he has been drinking but says he is not too intoxicated to drive. Brooks suggests that the officers allow him to lock up his car and walk to his sister's house, which is nearby. "I can just go home," he says.

Rolfe is not keen on that idea. "Why would you walk home?" he asks. "I just don't want to be in violation of anybody," Brooks replies. "Do you think that you would be in violation of something if you were to drive your vehicle?" Rolfe wonders.


[clip]

Criminal charges aside, it seems clear that something went horribly wrong the night that Rayshard Brooks fell asleep in his car outside a fast-food restaurant. The incident highlights that fact that every encounter with armed agents of the state has the potential to end tragically, which is a good reason to minimize such encounters, to weigh their risks against their benefits, and to avoid escalation whenever possible.

In this case, the tenor of Brooks' interaction with the officers changed dramatically when the handcuffs came out. Yet his alleged offense is a misdemeanor that is typically handled with sanctions such as fines, probation, community service, and license suspension (although it theoretically can be punished by up to 10 days in jail). It seems like the sort of offense that could be handled by a citation, along with precautions aimed at ensuring that an intoxicated driver does not get back behind the wheel.

Under Georgia law, however, arrests are authorized for most moving violations—not just driving under the influence, but routine offenses like speeding. Such overcriminalization is a standing invitation to hostile encounters that may lead to violence, as happened in this case. The value of enforcing the DUI law, and especially the added value of routinely enforcing it with custodial arrests, cannot possibly justify the loss of a man's life. And while that outcome is far from typical, it is the sort of danger that legislators should consider whenever they authorize police officers to use force.

With the cop cams available MADD would be calling for cops to be fired for letting drunks off to do it again another day.
 

phreddyp

Well-Known Member
PREMO Member
After the driver failed to move the car after first couple of attempts to prod him to do so, the officer requested the assistance of a DUI unit. He and certainly did not consider that drunk ok to drive. He wanted him to just move his car forward a short distance to clear the drive through.
Gurps and I must have seen a totally different video than you .
 

phreddyp

Well-Known Member
PREMO Member
Cops do not automatically take you in for DUI. Last summer in the outer banks a car that I was in was pulled over for speeding ( right after the county had dropped the speed limit on 12 ) . The officer smelled beer on the driver and gave a field sobriety test he apparently was one point over . The officer then asked if any one felt that they were ok to drive I said that I was, he checked my license and had me do the test also . Mentioned to me that the driver was "a little over " and he didn't feel good with letting him drive I drove us to dinner . It was amazing how courteous this officer was .
 

Yooper

Up. Identified. Lase. Fire. On the way.
PREMO Member
(a) What's a real shame is that the police officer was fired before any internal investigation was even started. This automatically gives the appearance that the police officer was wrong.

(b) I'm pretty certain that PD SOPs regarding any situation AFTER a service weapon been taken does not included "de-escalating" methods. Once you have taken the police offier's weapon, that's a completely different situation.
(a) Agreed.

(b) This is my point of interest/line of questioning. What category of weapon does the ATL PD consider a taser to be; what does it consider it to be after it is discharged? Can it be recharged; if so, does it require special equipment to recharge; is it single use? To me, these are important questions that determine the actions flow chart (not only by the officers, also by the reviewing authorities).

--- End of line (MCP)
 

herb749

Well-Known Member
(a) Agreed.

(b) This is my point of interest/line of questioning. What category of weapon does the ATL PD consider a taser to be; what does it consider it to be after it is discharged? Can it be recharged; if so, does it require special equipment to recharge; is it single use? To me, these are important questions that determine the actions flow chart (not only by the officers, also by the reviewing authorities).

--- End of line (MCP)

Has the cop who shot him stated he saw the tazer fired.? Should he have allowed the other cop to get close enough to be tazed before firing.?
 

Yooper

Up. Identified. Lase. Fire. On the way.
PREMO Member
Has the cop who shot him stated he saw the tazer fired.? Should he have allowed the other cop to get close enough to be tazed before firing.?
I don't know. These are all questions I would like to have answered.

My point is simple: PDs have SOPs and POs are supposedly trained as per these SOPs (or whatever they call them). SOPs are also adjusted as a result of the daily situation. I want to know what the "standard" was and if the officers adhered to the standards. And if not, why? Didn't we used to have PD personnel who would review incidents like this? A (due) process/due diligence? Or are we past all that so one group immediately says "perp deserved to go down; righteous shoot" while another says "typical pig fascists; kill them all"?

Life is complicated; I'm just trying to ask questions that reflect that complexity. So sorry if I seem dense in my asking.

--- End of line (MCP)
 

Gilligan

#*! boat!
PREMO Member
Cops do not automatically take you in for DUI. Last summer in the outer banks a car that I was in was pulled over for speeding ( right after the county had dropped the speed limit on 12 ) . The officer smelled beer on the driver and gave a field sobriety test he apparently was one point over . The officer then asked if any one felt that they were ok to drive I said that I was, he checked my license and had me do the test also . Mentioned to me that the driver was "a little over " and he didn't feel good with letting him drive I drove us to dinner . It was amazing how courteous this officer was .
Cool story Bro. The part about there being a second driver judged to be unimpaired has squat to do with anything in this incident.
 

Kyle

Having a Beer while the world burns!
PREMO Member
Cool story Bro. The part about there being a second driver judged to be unimpaired has squat to do with anything in this incident.
Perhaps he could have given the keys to his invisible friend Harvey.
 

Clem72

Well-Known Member
Cops do not automatically take you in for DUI. Last summer in the outer banks a car that I was in was pulled over for speeding ( right after the county had dropped the speed limit on 12 ) . The officer smelled beer on the driver and gave a field sobriety test he apparently was one point over . The officer then asked if any one felt that they were ok to drive I said that I was, he checked my license and had me do the test also . Mentioned to me that the driver was "a little over " and he didn't feel good with letting him drive I drove us to dinner . It was amazing how courteous this officer was .

Not everyone has the same experience. Not even a year ago, right here in good ole SOMD a guy drove into one of my neighbors house at 2am (slowly, maybe 5-10mph), dude didn't even wake up. Neighbors called the cops, then banged on his window until the guy woke up and stumbled out of his car. Cops showed up maybe 15 minutes later, one of the cops bullshits with the driver for over an hour, they are laughing and having all kinds of fun. Never makes him blow or do a field sobriety test at all. Eventually tells my neighbor everything is good and tells him they will mail a copy of their report for his insurance claim and lets the guy drive the car home.

Dude had obviously been drinking, and almost certainly would have been over the limit if tested.
 
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