By JDziewaltowski - 24/05/2013 07:42 - United States
JDziewaltowski tells us more.
After speaking with the chief of police, the officer who stopped me, and a lawyer, we've all come to the conclusion that yes, it was a case of excessive force. The officer took a split second glance, and "panicked" No I'm not sue happy, I got my apology, even though I could take it to court, win, and "**** the police" I'm not. At the end of the conversation, we even had a laugh at the fact that officer aggression needs a chill pill. Although I did get a pretty decent bruise on my chest/shoulder. No harm done.
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I know it sounds bad right know, but stay calm and just ride this out. once they actually discover its not a pipe bomb, they have no case against you with or without a lawyer (and I would suggest you get a new lawyer).
Comment moderated for rule-breaking.
Show it anywayI agree with everything you said except "It isn't brutality if he didn't break a bone". Brutality and excessive force don't require breaking someone's arm to be considered. You're right in the rest of your statement, though. The officer acted according to the situation he thought he was in. With the Boston Bombings being only a month ago, I imagine that officials are wary of anything even remotely resembling a bomb.
There should be an *appropriately in between the "acted" and "according".
@19 I understand there doesn't need to be a broken bone. I was referring to op's specific situation
Sorry op, but I'd rather the police be able to do their job and protect people than them having to watch as a bomb goes off because the rule and regs said they couldn't search the car. I realise you were actually innocent, but it's always better for the police to err on the safe side. Especially with bombs and such.
Yeah I know and f op's life but there is nothing that can be done about it because one slightly less intelligent, ok stupid, cop who mistakes a canister of wipes for a bomb should not stop police being able to do their job. If op sues the police for this incident it could set the precedent that eventually makes police nervous about doing their job and could endanger lives. So sorry op while you life sucks, please don't sue them. (please keep in mind when reading this comment I am not American and am only assuming their laws are similar to ours, which they seem to be in most other cases)
Get a second opinion on your case....
There's not really enough information here to make a call on whether or not the cop used excessive force. From the sounds of it; it was SOP for the situation; which is likely why the lawyer is refusing to take up the excessive force case. Now; if OP ended up with a dislocated wrist/shoulder or something broken; then yes, the cop overreacted. Otherwise... I'll take a bruise, a sore arm, and a good story over a bomb going off.
The way I understood it the excessive force was the 'torn from the car and slammed against the hood' part, nothing more, otherwise surely the OP would have said so.
Since bomb can be concealed as almost anything, you can be beaten up by Police for anything. Soon they will take you out from car just for carrying a backpack (even worse if it's a black backpack). The bombings succeeded in all way. They planted enough fear in you to allow Police and other authorities go beyond reasonable constraints. They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
Sadly, most people don't realise that terror is an polititcal instrument and the terrorists goal is not just to kill people.
You should get a better lawyer...
Try a different lawyer?
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That sucks for you and you should totally file a complaint. But look at this from a cops point of view: they could either use force or run the risk of it being an actual bomb. Even though it sucks for you they're just trying to be safe.
Find a better lawyer.