, and important context that may be presented in potential criminal or civil trials.
“What about this suddenly turns into fear of Mr. Brooks having a weapon on him?” Macfarlane said. “Even just the mention, just the question whether you’re armed even though I know it’s routine, I think turns this into an encounter that now feels much more dangerous than it did just a few minutes before.”in a civil case, Macfarlane says, she’d want everyone involved to see the early footage, well before the shooting took place.
“This is, I think, one of the key moments here,” said David Harris, professor of law at the University of Pittsburgh. “Police officers always have discretion on how they will handle any particular situation with very limited exceptions.” Macfarlane said police are given broad constitutional authority to arrest someone or continue to detain them when there is probable cause that they have committed a crime. After Brooks failed the breathalyzer test, and even before, they had enough probable cause to continue to detain him, she says.
“In the midst of this explosion of concern over African Americans and the police and he’s reading and watching the same things on TV that all the rest of us are, he’s stopped by police and it looks like they're not being reasonable and taking a long time and he begins to worry," suggested Nunn, who also serves as the assistant director of the criminal justice center at the University of Florida.
“The basic idea is that force is divided into levels, usually I think in terms of six levels, and you’re allowed as a police officer to use enough force to overcome the resistance you face,” Harris said. “If you’re facing no resistance you don’t get to use any force except what’s necessary to handcuff an individual.”
In the culminating moments of the interaction, Brooks is seen on surveillance footage running from the officers. In his hand is Brosnan’s Taser, which Brooks turns and fires at Rolfe. After Brooks unsuccessfully deploys the Taser, Rolfe reaches for his handgun and fires three shots as Brooks runs. Brooks falls.
It was a lawful use of deadly force. This is politics and pandering to a small, irrationally angry and violent group in America. That was a lawful use of deadly force and any honest person who watches the footage for themselves will come to the same conclusion.
(Opinion:”... we gon' be alright...”)
The riots are a test run for November. Ellison overcharged all four officers so they will get off and the riots can start again. To force us to stay home so we can't vote for Trump on election day.
All 4 officers were FIRED the day after George Floyd's death and all 4 cops were called racist murderers before anyone saw their faces. They were all charged with murder within 9 days. NO DUE PROCESS.
In 2017, Minneapolis Officer Mohamed Noor shot Justine Damond in the stomach in her pajamas & it took 8 months for the Hennepin County Attorney, Mike Freeman, to charge him. Noor was NEVER fired. He was given PAID LEAVE for 8 months until he was charged.
Charges should not even be considered at all!
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