California Highway Patrol- Excessive Force? Illegal Search?

[mightymoose]

This link is to a YouTube video of a CHP contact a few months back. It is about 40 mins in its entirety, but the action happens around the 10 minute mark.

http://www.youtube.com/watch?v=4g7cxc9P4Hg&feature=share&list=FLludIiF6Mk2LqDlFZzdDWvw

CHP officers come upon a parked suspicious vehicle and contact the driver. They conduct a quick sobriety test and do not even do a complete test- I assume due to the woman's obvious sobriety. The woman is sent back to her vehicle and things go south as the officer wants to conduct a search.

The woman is ordered back out of the vehicle and an argument over purse begins. The woman repeatedly refuses consent to search which makes the officer more suspicious. The woman attempts to prevent what she believes is an unlawful search, and when the officer attempts to cuff her she attempts to retreat to her vehicle to avoid what she feels is an unlawful arrest. The officers use their tasers on the woman 3-4 times.

At the 10 minute mark when the woman returns to her vehicle it would appear that her detention is over. She repeatedly and clearly refuses requests to search. The officer continues to give her orders, at which point he may have created an unlawful detention. There seems to be a very big civil rights case in the works for this woman (who did not die, by the way, despite the title of the video).

Granted, the woman may not have handled things very well herself, but this, to me, is a very troubling example of excessive force and law enforcement not knowing their limits.

Personal opinion... very bad police work that will cost California taxpayers millions before it is all over with.

 

[disagreeable]

Just after 2 minutes, the officer asks her about taking medication or drugs, she neglects to answer. He takes her from the car to test her for being under the influence. Though scripted for effect, the video fails to take into account the options were test in the road, where traffic is passing or on the sidewalk. There was not proper space between the vehicles. He is still uncertain what is going on and what she is hiding. He wants to further investigate. She won't put down the purse, which makes the officer suspicious it may contain a weapon she is concealing. By 11.5, we know she is hiding something in the purse. Had she complied at 15 mins and allowed herself to be cuffed, she could then have waited for a supervisor. Instead, she panics, thinking they are going to discover what is in her purse, grabs it and runs. At 35.50, we discover she had a crack pipe. Consistent with her reaction and demeanor appearing to be mentally suppressed and dying from the taser. One less crack head driving. She died for her vice. Sorry bout her luck. Good job officers.

 

[mightymoose]

She didn't die. She was unresponsive but was revived. Blood tests later showed she had no alcohol or drugs in her system.

The pipe in her purse will surely be tossed in court. She had a right to refuse a search. The officer can't use that as justification for his actions.

Out of view, you can hear a short sobriety test take place. Her sobriety was the justification for the initial contact. She should have been free to go at that point.

The officer was correct in his suspicion but did not have what was needed to detain her further or conduct a search. Sometimes they get away, and this should have been one of those times.

Everything that takes place after she returns to her vehicle at 10 minute mark is bad.

 

[army judge]

This could have been avoided.

The officers had good intent, but were over zealous.

I say it all the time, to those in all walks of life, when in doubt, escalate.

Most CPLS SGTS and LTS don't have that rank because they know somebody.

They have knowledge that is often useful to the officer or deputy.

Absent any exigent circumstances, the officers should have inquired of their chain of command.

This could have had a better ending for the "perp", the officers, and most most importantly, the poor, besieged taxpayers of California.