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Keeping it alive (imgur.com)

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[–]KendermassacreSurvey 2016 278ポイント279ポイント  (106子コメント)

The cop successfully sued for psychological damage or something such and won $38,000. This happens to be more than the amount awarded to each individual student received.

Been a while since I read that but I am really comfortable in those numbers

[–]Besuh -112ポイント-111ポイント  (105子コメント)

To be fair the cop was being witch hunted because of this. He was doing his job and the students were fucking with him.

That being said I dunno if this was the best way to handle the situation.

[–]ThickRick1818 22ポイント23ポイント  (61子コメント)

Haha pepper spraying students while they are hand cuffed behind their back is not doing his job. "Protect and serve." No one is being protected by that action, no one is being served.

edit: my b they weren't handcuffed and that kinda changes my opinion on the situation. It's just an unfortunate situation for everyone, but I don't think police enforcement was entirely necessary from the video of it I watched. Let protesters protest. If the protesters are being violent, you can use force. If they are being compliant with laws, leave them alone.

[–]stmasc 79ポイント80ポイント  (2子コメント)

I mostly agree, but they were not handcuffed. They were sitting with linked arms and refusing to move.

[–]hatgineer [スコア非表示]  (1子コメント)

I think his point stands, sitting on their asses does not warrant pepper spray.

[–]Alekanadian [スコア非表示]  (0子コメント)

They were warned countless times and were obstructing police movement. The only other way to move them would be through physical force, and we all know how well that would have worked out.

[–]tjrobins1855 74ポイント75ポイント  (3子コメント)

Those kids definitely got served.

[–]mq3 2ポイント3ポイント  (0子コメント)

Well played.

[–]DarthGriffindor -1ポイント0ポイント  (1子コメント)

I was upset with you at first but then I understood the joke. My apologies, have an upvote

[–]Mr_Fffish 25ポイント26ポイント  (7子コメント)

They don't look cuffed behind the back. Some have hands by their faces.

[–]Besuh 22ポイント23ポイント  (5子コメント)

They were indeed not cuffed. They were linking their arms together to make it hard to move them away. They were trying to get in the cops way.

[–]lefthandofpower 10ポイント11ポイント  (1子コメント)

Even more amusing is that the job of LEAs is not to 'protect and serve', it is to enforce the law. A motto is not a job description.

[–]Besuh -3ポイント-2ポイント  (0子コメント)

haha yea its been tough times for LEOs, for better or worse.

[–]_bobsacamano -3ポイント-2ポイント  (0子コメント)

They were handcuffed by like, oppression or something. What are you racist?

[–]Besuh 47ポイント48ポイント  (6子コメント)

They were not handcuffed. They all linked their arms in a deliberate attempt to get in this cop's way. He was trying to make an arrest and the kids just linked up and started obstructing justice.

please read up on the situation.

[–]LemonConfetti [スコア非表示]  (0子コメント)

He wasn't trying to make an arrest. Multiple officers were in the process of leaving the area and a crowd rushed to surround a few of them and were specifically blocking them from leaving. The officer in the pic was trying to clear a path so the ones in the middle could safely get out.

[–]Logicalist [スコア非表示]  (1子コメント)

I kinda doubt obstruction of justice warrants assault, I think the law calls for some sort of fine or jail time. I can't be sure, I'm not like a lawyer or cop or anything.

[–]Besuh [スコア非表示]  (0子コメント)

I agree. But resisting arrest does kind of. All those kids were under arrest and the police were going to have trouble individually wrestling each one down to get cuffs on them.

[–]mightytwin21 [スコア非表示]  (2子コメント)

Go around?

[–]LemonConfetti [スコア非表示]  (0子コメント)

He was trying to get the officers they surrounded out of their circle.

[–]Besuh [スコア非表示]  (0子コメント)

yes, But I believe they had to move shit through them and were also asked to move the protest out. Those kids were all under arrest and were resisting arrest.

[–]RoofShoppingCartGuy 13ポイント14ポイント  (0子コメント)

Police are constantly evaluating the situations they respond to. Most departments have a way to classify when, where, and which types of force can be used in order to carry out objectives safely and efficiently. From this picture it looks like the students are exhibiting passive resistance by linking arms and not letting him through. They obviously just stood there and did not move when asked, so you up the ante. The pepper spray comes out and he in all likelihood gave them a verbal warning that if they didn't move they're getting sprayed.

Cops constantly get scrutinized by the media for using excessive force so it's easy to cherry pick this picture as an example. It's easy to point fingers and chastise him for pepper spraying a bunch of kids sitting down. But in reality, there's much more to the story than that. Try imagining yourself in his shoes for a moment, and not be able to do your job because people are literally getting in the way of it. In my opinion, he followed protocol and these kids, along with Reddit and the media need to take a step back and concentrate on real police brutality.

[–]cajunbander 23ポイント24ポイント  (16子コメント)

They weren't handcuffed, weren't moving out the way, weren't cooperating with the cops, and had formed a circle around cops.

The kids forced the ultimatum on the cops, violence or pepper spray. The cops went with pepper spray.

[–]Formaldehyd3 0ポイント1ポイント  (6子コメント)

Pepper spraying someone is pretty fucking violent if you ask me.

[–]BoerboelFace 10ポイント11ポイント  (1子コメント)

Well, sure... but you're a little bitch though, arn'tcha?

[–]jellyhed 8ポイント9ポイント  (0子コメント)

This should be the response to every sentence that ends in "If you ask me."

[–]LemonConfetti [スコア非表示]  (0子コメント)

You think physically prying them apart would have been less "violent" then?

[–]Jowser11 [スコア非表示]  (0子コメント)

Not really.

[–]butt_phd -1ポイント0ポイント  (1子コメント)

You haven't lived til you got pepper sprayed, and until you pepper sprayed someone

[–]Formaldehyd3 3ポイント4ポイント  (0子コメント)

I've been in a utility shed where a can of bear mace fell off a high shelf and started going off... That was good enough for me.

[–]TheIdesOfLurch [スコア非表示]  (1子コメント)

Yeah, they look real surrounded. Come on man.

[–]LemonConfetti [スコア非表示]  (0子コメント)

The one in the picture was not. What the picture isn't showing is the group of officers who are stuck in the middle of this giant circle that was formed around them specifically to prevent them from leaving.

[–]afolgate 10ポイント11ポイント  (7子コメント)

Did you even watch the video? They were not handcuffed they were refusing to move and being total dicks

[–]InsertImagination 3ポイント4ポイント  (6子コメント)

Dicks or not, they are protesting in a peaceful manner. Chaining yourself to a tree to prevent its removal is a dick thing to do, but you absolutely have the freedom and the right to do so until you break a law. This cop is the one breaking the law here.

[–]afolgate 17ポイント18ポイント  (0子コメント)

Yep, you're absolutely correct, just not in this situation. They were obstructing the police giving them nowhere to go, they were warned 3 + times about what was gonna happen, they chose to stay there. They were breaking the law in more than one place

[–]playdoepete 4ポイント5ポイント  (2子コメント)

What law is he breaking? I would like the city, state or federal statute please.

Thanks,

[–]InsertImagination [スコア非表示]  (1子コメント)

Since you asked. It was the target of the pepper spray, which I believe we can agree is use of force. Reasonable use of force is permitted to subdue the person being arrested if they are attempting to flee or violently resisting arrest.

However, the students being pepper sprayed aren't being arrested. Had they been arrested, the pepper spray would be legal - although it would require the police officer to have reason to arrest them. Unfortunately for the officer, he did not have reason to arrest them, or decided against arresting them for whatever reason.

One could argue the obstruction of justice, which would be perfect grounds for arresting the protesters, albeit hard to actually use in court. But to reiterate, they were not under arrest.

But an officer is also permitted reasonable use of force in self-defense. Unfortunately for the officer, the protesters aren't violent - self-defense can not be claimed in this scenario. No attempt to start a riot is being made.

Penal Code for Use of Force: http://www.leginfo.ca.gov/cgi-bin/displaycode?file=833-851.90&group=00001-01000&section=pen

Penalcode for Self-Defense: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=403-420.1

Penal Code for Obstruction of Justice: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=142-181

If I am missing an important detail, let me know!

Also, I feel I should point out that legal battle has already occurred, in which the students won. The pepper spraying officer also received worker's compensation for psychological pain and suffering. Not sure on how that went down, but it's not illegal so I won't argue.

[–]playdoepete [スコア非表示]  (0子コメント)

The officer did infact have reason to arrest. If you watch the video they have all been warned 3 times that if they do not leave the area they will be arrested under California Penal Code 409 which states.

  1. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

This may not be a full blown riot.. but it does fall under the definition of a rout.

http://www.merriam-webster.com/dictionary/rout

So in fact the students were violating the law but section 409 and 142

[–]LemonConfetti [スコア非表示]  (1子コメント)

Trying to block officers from leaving is a crime. Using pepper spray to try to clear a path is not.

[–]InsertImagination [スコア非表示]  (0子コメント)

Actually, I'd like to refer you to another comment I made.

https://www.reddit.com/r/pics/comments/4uy2pg/keeping_it_alive/d5u4gyk?st=ir5xt55r&sh=59dcc21b

It explains that yes, indeed, the officer is breaking the law.

He did not do it maliciously, nor is he corrupt, however he did react to the situation incorrectly. A few simple changes in his actions and the students wouldn't have received $30,000 in reparation for his actions.

[–]bourquenic 1ポイント2ポイント  (0子コメント)

Well at this point. In the police orders come from somewhere. This action served and protected the interested of someone.

[–]leeroyheraldo 4ポイント5ポイント  (0子コメント)

Actually the cops job is to enforce the laws in ways that are safe (enough) for them. I don't know what's going on in this picture, but I'm sure I can imagine plenty of reasonable situations

[–]Top_Chef -4ポイント-3ポイント  (0子コメント)

So the person that gave their honest opinion got downvoted into oblivion, and the guy who lied (the students were not handcuffed) gets upvoted? What the fuck, Reddit?

[–]snowcase 1ポイント2ポイント  (31子コメント)

http://m.imgur.com/gallery/Ed5N2

[–]wml653 [スコア非表示]  (0子コメント)

If memory serves (from when it happened) those mace containers are explicitly for crowd dispersal and say they aren't to be used within something like 10 feet of people. If that's the case the officer showed gross negligence and caused unwarranted harm to a civilian, who he's tasked with protecting.

[–]masterDOOM -3ポイント-2ポイント  (3子コメント)

Welcome to downvote hell.

[–]Besuh 0ポイント1ポイント  (2子コメント)

LOL, w.e. It's just my opinion. If I were that cop and I had to arrest someone and a bunch of teenagers were getting in my way I'd be at a loss for what to do. If I was in charge I'd have to make a decision if I wasn't I'd send the responsibility up. Maybe it'd have been better if they just arrested every single student... right.

[–]RaNerve 0ポイント1ポイント  (1子コメント)

Don't let the hive mind beat you up for having your own opinion. I'm not saying you're right or wrong, but you've clearly researched the situation and formulated a thoughtful approach, which should be commended.

[–]Besuh -1ポイント0ポイント  (0子コメント)

haha thanks, I'm actually not too invested in this tho.

Probably because I think it's a shitty situation all around. I was just trying to play devils advocate.

[–]ivory_dragon -5ポイント-4ポイント  (2子コメント)

How were they fucking with him? I call bullshit. It's just another example of an entitled cop getting away with abusing his power.

[–]Besuh [スコア非表示]  (0子コメント)

It was not 1 cop. A bunch of cops warned them that they were legally required to move and if they did not comply they would be arrested. In order to arrest them they used pepper spray because they were all resisting arrest.

[–]LemonConfetti [スコア非表示]  (0子コメント)

They were surrounding a group of officers in order to block them from leaving. He was trying to get them out.