http://news.cnet.com/8301-17852_3-20012732-71.html This was a big story on Sportbike forums.
It doesn't show what he was doing, it's a clipped version of the video. I'll shorten it for you: he deserved to be arrested. He has being a total idiot. But the debate ranged from a multitude of things: Should he have had the gun pulled on him? (No.) Should he have been threatened with 16 years in jail for posting that video? (No.)
But the thing that has always bothered me about this video is the fact he is totally unmarked and unannounced. He simply steps out of his car, draws his gun, and tells the rider to "get off the motorcycle". I don't know about you, but MY first reaction wouldn't have been "Oh damn, police!" It would have been "Oh damn, this guy's a lunatic jacking my bike!". Upon further thought you'd realize a person wouldn't jump out of THEIR car in the middle of the street to steal YOUR bike, but you don't think very clearly in the 4 seconds after you see a gun.
My question is, what would have happened if the rider had pulled out his own gun (assuming he had one?) Most likely, the rider would have died where he sat, although it is quite possible that the rider could have gotten the jump. That shows two alternative outcomes:
1) The Rider dies. Did he legally just die in self-defense? After all, the rider had zero evidence that that was an officer of the law. He was in an unmarked car, plainclothed, without announcing himself until after the fact. At this point, he is assumed to be a suspect with a gun.
2) The Police Officer dies. Is the Rider now charged with murder or self-defense? Would the consequences be any different from gunning down any normal armed assailant?
To me, unmarked anything is incredibly dangerous for both parties. Particularly when they say things like "get off the bike" or "get out of the car" without first announcing themselves as Police. If I am legally entitled to open fire in defense of myself, does it make any difference if you just happen to be a cop without my knowledge?
It doesn't show what he was doing, it's a clipped version of the video. I'll shorten it for you: he deserved to be arrested. He has being a total idiot. But the debate ranged from a multitude of things: Should he have had the gun pulled on him? (No.) Should he have been threatened with 16 years in jail for posting that video? (No.)
But the thing that has always bothered me about this video is the fact he is totally unmarked and unannounced. He simply steps out of his car, draws his gun, and tells the rider to "get off the motorcycle". I don't know about you, but MY first reaction wouldn't have been "Oh damn, police!" It would have been "Oh damn, this guy's a lunatic jacking my bike!". Upon further thought you'd realize a person wouldn't jump out of THEIR car in the middle of the street to steal YOUR bike, but you don't think very clearly in the 4 seconds after you see a gun.
My question is, what would have happened if the rider had pulled out his own gun (assuming he had one?) Most likely, the rider would have died where he sat, although it is quite possible that the rider could have gotten the jump. That shows two alternative outcomes:
1) The Rider dies. Did he legally just die in self-defense? After all, the rider had zero evidence that that was an officer of the law. He was in an unmarked car, plainclothed, without announcing himself until after the fact. At this point, he is assumed to be a suspect with a gun.
2) The Police Officer dies. Is the Rider now charged with murder or self-defense? Would the consequences be any different from gunning down any normal armed assailant?
To me, unmarked anything is incredibly dangerous for both parties. Particularly when they say things like "get off the bike" or "get out of the car" without first announcing themselves as Police. If I am legally entitled to open fire in defense of myself, does it make any difference if you just happen to be a cop without my knowledge?
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