Another reason I'm feeling more sure the DANCO restraining order was on behalf of the assaulted GF, is because the attorney for Dustin Schwarze and the police union president Kroll
emphasized that the apprehension of Clark was LAWFUL. They actually emphasized that.
It's my opinion that they were sending a message connecting the DANCO and the GF assault. I think they did this to show that the officers were acting not only correctly by their training, but also
acting under the law when they were arresting Clark.
Under MN law, the convicted felon to whom is applied the DANCO, can be arrested WITHOUT a warrant for 36 hours,
even if the violation did not take place in the presence of the officers.
So even if Clark fled the scene of the assault and returned (which has been reported), all it takes is someone identifying him as being under a DANCO. That probably was done with the original 911 call for help, and possibly repeated to paramedics when they arrived. So, IMO, it's definitely likely the responding officers KNEW that Clark was identified as the one who assaulted the GF, AND had the DANCO, and now was interfering with paramedics and trying to pull the victim out of the ambulance to have another go at her.
That definitely would change the level of assertiveness with which officers approached Clark. I think we are poised to hear
a lot more about this very soon, in relation to the actions of the responding officers at the scene.
If I'm right, they had
many objective and factual pieces of information available on which to make determinations about how to handle Jamar Clark and his actions at the scene, other than his "looks".
We know they were actively trying to arrest him, and we know he was very uncooperative and actively resisting arrest. (And IMO, may have been on drugs, since he has past convictions for drugs.)
It's all making a lot of sense when you really stop to think about the events leading up to this, IMO. It was
more than just the aggravated assault of the GF and the interference with paramedics, IMO.
subd. 3.Warrantless custodial arrest. A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated a domestic abuse no contact order, even if the violation of the order did not take place in the presence of the peace officer, if the existence of the order can be verified by the officer. The person shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this subdivision is immune from civil liability that might result from the officer's actions.
https://www.revisor.mn.gov/statutes/?id=629.75