TX - Sandra Bland, 28, found dead in jail cell, Waller County, 13 July 2015 #2

[CARIIS]

I was told just the opposite. A LE officer told me that people can curse at them and they can't do anything about it. IMO
No link as it was a conversation with a former neighbor that was LE.

Here is a link

officers can’t use laws of this ilk simply to punish people who mouth off to them, even those who use profanity. (Hartman v. Moore, 547 U.S. 250 (2006), City of Houston v. Hill, 482 U.S. 451 (1987).)

, police officers generally cannot arrest someone, nor can the government prosecute her, simply for what she said.

an offended officer might misrepresent (that is exactly what he did on arrest report!) what the speaker said or find some technical violation to justify an arrest.

http://www.nolo.com/legal-encyclopedia/can-i-arrested-yelling-swearing-cop.html

 

[human]

'OH now, this is funny. I worked in schools for many years, and I got lots of 'scary teacher' stories. It is very funny now that the shoe is on the other foot. A poster asks a sincere question and suddenly there is outrage that anyone would even question teacher's practices. And yet I know of many teachers who have snapped in class and put their hands on kids, or emotionally abused them. Sadly, even some accused of sexual abuse. Lots of abuse of authority examples rolling around in my memory banks.

Kind of uncomfortable to have your line of work being painted with a broad brush, like many have done to LEOs. Eh?

I , like most teachers, want the bad ones gone. They have no right destroying the lives of students.

They make the rest of teachers look bad.

I think something like 50% of people that go into teaching quit within five years.

That is an expensive change. Four years of college.

We know that people who want to sexually abuse children go into professions where there are children. Best to go fishing where there are fish.

 

[CARIIS]

I can't tell either, and it does not matter, unless someone is trying to make this into a racial incident. I in no way feel it was and see no proof of it being. Even a predominately black university (I believe is how its said in MSM) there are still students of different races enrolled there. Ones voice does not give your race away, lol sometimes its even hard to tell gender. I have a female friend who has a scruffy voice and sounds like a male on the phone JMHO

See earlier post - this area has a hideous record with racism, like really bad. The sheriff of there was fired for racism and brutality.

 

[CajunA]

Forgive me y'all ...my web sleuth posting and replying skills are a bit rusty ...haven't been around since the killer Brandon Scott Lavergne case.

What I wanted to point out is the sarcastic rude comment that the cop said after asking her why she was irritated ...he said "are you done" I think that pissed her off. It would have disturbed me being talked down to like that. I think he was picking for a fight to show her who's in control and the power he has by what he can do. It got personal on his part.

 

[Montjoy]

Forgive me y'all ...my web sleuth posting and replying skills are a bit rusty ...haven't been around since the killer Brandon Scott Lavergne case.

rsbm
I think this is a good illustration about how a blade can be both rusty and sharp.

 

[CARIIS]

Forgive me y'all ...my web sleuth posting and replying skills are a bit rusty ...haven't been around since the killer Brandon Scott Lavergne case.

What I wanted to point out is the sarcastic rude comment that the cop said after asking her why she was irritated ...he said "are you done" I think that pissed her off. It would have disturbed me being talked down to like that. I think he was picking for a fight to show her who's in control and the power he has by what he can do. It got personal on his part.

agree if you asked me a question, and I started to answer, and you say are you done - that pretty well indicates that you dont care about my answer to your question.

And I think most of us, if we see a cop coming up behind us quick would change lanes - thats is the law isnt it?

 

[CajunA]

Originally posted by Cariis
Here is a link
officers can’t use laws of
this ilk simply to punish
people who mouth off to
them, even those who use
profanity. (Hartman v.
Moore, 547 U.S. 250
(2006), City of Houston v.
Hill, 482 U.S. 451 (1987).)
, police officers generally
cannot arrest someone, nor
can the government
prosecute her, simply for
what she said.
an offended officer might
misrepresent what the
speaker said or find some
technical violation to justify
an arrest.

Is that just for the state of Texas?
I'm from Louisiana. A New Iberia parish cop told me he could arrest someone for disturbing the peace if they raised their voice.
I was like ...wow! They'd sure arrest me and my loud mouth lol!

 

[CARIIS]

re: Kind of uncomfortable to have your line of work being painted with a broad brush

I think much of that is many folks shock at the relentless amount of video making the nightly news showing, horrendous abuse of citizens who are paying there salaries. There certainly is much "proof" of what has been going on for decades.

ANd what is really strange one would think that the endless stream of this stuff would slow down - like guys and gals things are different now, you all better toe the line, follow the laws, chances are real good people are recording you now days. And if you dont want to find yourself in another line of work - follow the laws

its a culture, what is called something like code of blue or something - its like a fraturnity

 

[CARIIS]

Originally posted by Cariis
Here is a link
officers can’t use laws of
this ilk simply to punish
people who mouth off to
them, even those who use
profanity. (Hartman v.
Moore, 547 U.S. 250
(2006), City of Houston v.
Hill, 482 U.S. 451 (1987).)
, police officers generally
cannot arrest someone, nor
can the government
prosecute her, simply for
what she said.
an offended officer might
misrepresent what the
speaker said or find some
technical violation to justify
an arrest.

Is that just for the state of Texas?
I'm from Louisiana. A New Iberia parish cop told me he could arrest someone for disturbing the peace if they raised their voice.
I was like ...wow! They'd sure arrest me and my loud mouth lol!

that is actually a good question ! The supreme court one in and of itself, with his supervisors clearly stating he violated policies (plural) would make me think his attorneys are advising him that he has problems here.....

 

[Friday Fan]

My goodness how long did this one go on? He can be charged probably on this alone---

http://www.supremecourt.gov/opinions/14pdf/13-9972_p8k0.pdf

If SB hadn't died and she had a decent attorney, her case under Rodriguez v. United States would have been thrown out.

I have no idea if the cop can be criminally charged for this. (I have no idea if he was aware of the ruling and if PDs provided inservice regarding the ruling etc) SC stuff is always confusing to me. I do believe that it means at the minimum SB's case could have been thrown out. It probably allows BE/DPS to be sued. I'm sure DPS is making damn sure that officers are now aware of this ruling.

 

[Sulamith]

I've been told by a cop that he can arrest someone for raising their voice for Disturbing the peace...She shouldn't have been so sassy to a state trooper. That should be common sense. It's sad that it happened at all. I probably would have said, oh I'm so sorry...I got so nervous with you tailing behind me I totally forgot to use my signal. And he probably would have let her go on her way if she said something like that.
Fact is...he didn't like or appreciate her bad attitude toward him.

Yes, don't be "sassy" to a state trooper. Keep Sweet! Was that cop that told you that FLDS by any chance?

 

[arkansasmimi]

I read the autopsy report. I didn't see anything that said there was embedded grass. There was plant material adherent. Which implies stuck to scabbed skin.

Bruises can certainly indicate and assult. It will depend on what would be expexted when a person is restrained. There were no torn ligaments or broken bones. There are no contusion or fracture of the skull, inconsistent with having one's head slammed into the ground.

Sent from my SCH-I605 using Tapatalk

She also refused medical from the EMTs

 

[arkansasmimi]

She smoked weed - a substance that is becoming legal in more and more places as the scientific community learns thats its actually no big deal


Weed stays in your system for long peroids of time -

The effects of smoking marijuana fade quickly, but the drug, known affectionately as "weed," can be detected in the body for weeks and sometimes longer.

http://alcoholism.about.com/od/pot/a/marijuana_test.htm

we cant really conclude that she smoked that day

At whatever point it entered her body it was still Illegal in the state of Texas. Fact, not an opinion

 

[CARIIS]

Encinia: Okay, ma’am. You okay?
Bland: I’m waiting on you, you, this is your job. I’m waiting on you, whatever you want me to do.
Encinia: Well, you seem very irritated.
Bland: I am. I really am because I feel it’s crap for what I’m getting a ticket for. I was getting out of your way. You were speeding up, tailing me, so I move over and you stop me. So yeah, I am a little irritated, but that doesn’t stop you from giving me a ticket. So (inaudible) irritated.

Are you done?
Bland: You asked me what was wrong, and I told you.

He made an issue of the fact that she was irritated, and without yelling or using bad language (crap doesn’t really count in my book), she truthfully explained why she was upset.]

Encinia makes a FALSE ARREST. Bland has explained to him why she is upset (which is protected by free speech) and she has refused to put out her cigarette (which he has no right to make her do). She has refused to exit the car because she clearly believes it’s her legal right to do so. Is that justification for arrest? And if so, why didn’t Encinia cite it on his report?]

 

[arkansasmimi]

See earlier post - this area has a hideous record with racism, like really bad. The sheriff of there was fired for racism and brutality.

Doesn't mean everyone there is.

 

[Friday Fan]

Is this the same school - Prairie View A&M University in Texas?

Yes it is Prairie View A&M. (AM-Agriculture and Mechanics) The town she was driving in was Prairie View which basically consists of the campus. Prairie View was founded as a black college during reconstruction. Since the state was segregated, blacks had their own college. I've met graduates from Prairie View while working with the Texas Master Gardeners and they've all been very professional and down to earth. Sandra was driving at the edge of the campus when BE spotted her. She was probably less than a mile from campus when he pulled her over.

ETA: Prairie View A&M is also Land Grant University. Which means it works closely with the USDA. Each state has at least one designated Land Grant University.

 

[Montjoy]

Doesn't mean everyone there is.

I don't think that anyone suggested that everyone should be under arrest. Please provide a link if you think otherwise.

 

[arkansasmimi]

Encinia: Okay, ma’am. You okay?
Bland: I’m waiting on you, you, this is your job. I’m waiting on you, whatever you want me to do.
Encinia: Well, you seem very irritated.
Bland: I am. I really am because I feel it’s crap for what I’m getting a ticket for. I was getting out of your way. You were speeding up, tailing me, so I move over and you stop me. So yeah, I am a little irritated, but that doesn’t stop you from giving me a ticket. So (inaudible) irritated.

Are you done?
Bland: You asked me what was wrong, and I told you.

He made an issue of the fact that she was irritated, and without yelling or using bad language (crap doesn’t really count in my book), she truthfully explained why she was upset.]

Encinia makes a FALSE ARREST. Bland has explained to him why she is upset (which is protected by free speech) and she has refused to put out her cigarette (which he has no right to make her do). She has refused to exit the car because she clearly believes it’s her legal right to do so. Is that justification for arrest? And if so, why didn’t Encinia cite it on his report?]

She tried to give her reasoning for moving over, which was fine, but she still broke the law by not using her turn signal. She is not protected under free speech for breaking the law. She caused the traffic stop. Why is it so hard for anyone to acknowledge that. Geesh

 

[arkansasmimi]

From a reporter, this is interesting and informative:


T.L. Langford ‏@tlangford 10h10 hours ago
For non-Texans, a county judge is the elected chief administrator, or CEO of a county. Not part of the elected judiciary. #SandraBland

T.L. Langford ‏@tlangford 10h10 hours ago
Some county judges are lawyers, as Duhon is. Some are not. Not a requirement of the job.

 

[CoolJ]

[video=youtu;GXY2fImfr7Y]http://youtu.be/GXY2fImfr7Y[/video]

Anyone remember seeing this clip before?

What word were we calling SB? Hostile?