Pushed her away?  He slapped her hard enough to turn her head...

-----Original Message-----
From: Casey Dougall [mailto:[email protected]] 
Sent: Thursday, April 28, 2011 11:07 AM
To: cf-community
Subject: Re: IHOP Cop Punches Lady in the face


On Thu, Apr 28, 2011 at 11:52 AM, Gruss Gott <[email protected]> wrote:

>
> Ray Champagne <[email protected]> wrote:
> >
> > engaging them in a fight.  That is not police work, that is a thug 
> > in action.
> >
>
> If you think the law leaves too much discretion then there are lots of 
> things you can do to try to change the law and/or procedures.
>
> If you're not willing to do anything to try to change the law, then 
> you're de facto agreeing with it.
>
> So, there's the choice for us all: accept that the law is correct how 
> it is, or tell the law enforcement community that you know better
>
>
Looks to me the cop still was ok with how he handled the situation.

He pushed her away with a somewhat free hand while restraining another
suspect, she then fought back which lead the officer to protect himself
while he restrained her. Case closed.

http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instruc
tions/criminal/pdf/7460-resisting-arrest.pdf

SUPPLEMENTAL INSTRUCTIONS

1. Police use of unreasonable or excessive force. A police officer may not
use unreasonable or excessive force in making an arrest. A person is allowed
to use reasonable force to protect (himself)
(herself) from physical harm when unreasonable or excessive force is used.
If a police officer uses unreasonable or excessive force to make an arrest,
the person who is being arrested may defend (himself) (herself) with as much
force as reasonably appears necessary. The person arrested is required to
stop resisting once (he) (she) knows or should know that if he stops
resisting, the officer will also stop using unreasonable or excessive force
.
If there is some evidence that the police used unreasonable or excessive
force, the Commonwealth must

prove beyond a reasonable doubt that the defendant did not act in
self-defense.

To prove that the defendant did not act in self-defense, the Commonwealth
must prove at least one of the following three things beyond a reasonable
doubt:

First: That the defendant did not reasonably believe that the police officer
was using unreasonable and excessive force and putting the defendant's
personal safety in immediate danger; or

Second: That the defendant did not do everything that was reasonable in the
circumstances to avoid physical combat before resorting to force; or

Third: That the defendant used more force to defend
(himself) (herself) than was reasonably necessary in the circumstances.



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