Posted on 06/25/2020 6:57:23 PM PDT by Tired of Taxes
The paramedics administered ketamine to sedate McClain, and an adverse reaction to the drug could not be ruled out.
I don’t think he was autistic, which btw, does not mean they don’t have common sense and intellectual understanding..
It might not be typical to wear a ski mask, but it’s not a crime.
Doesn’t ketamine induce nightmarish hallucinations?
That was the street talk back in the 70’s
Not necessarily- THC can cause serious psychosis! Can we start to address the drug problem contributing to these men’s deaths and maybe stop blaming cops for everything?
Behaving oddly is not reasonable suspicion of a crime.
There has to be reasonable suspicion of a crime for a Terry stop, or detention, as I understand it.
The officers can ask to talk to him, but they have no legal authority to use force to detain him, as I recall.
A citizen can simply not say anything, and continue on their way. They do not have to stop when an officer asks them to stop.
This appears way over the top, because there was no reasonable suspicion of a crime (I am willing to be shown my error, if there is).
Where was the authority of the police to use force to stop this young man?
Officers do not have the authority, under the Constitution, simply to stop you because they do not like the way you look.
Yes, officers are required to investigate a call.
They are not required to do a Terry stop, or to detain a person without a reasonable suspicion of a crime being committed.
In this case, drugs weren’t involved (except for the ketamine given to him by EMTs).
The kid was wearing a ski mask on a warm night. That alone gets you a visit from the police on alot of occasions.
A fundamental principle of the AA program is embracing the belief that the alcoholic is powerless over alcohol and that sobriety can only be achieved by belief in, and embracing a higher power (i.e "God"). I remember in one meeting a newcomer was wrestling with the concept of a higher power, when a grizzled old timer spoke up:
"Don't believe in a higher power? Punch a cop. See how long it is until you can enjoy your next drink." :-)
That was last summer. This summer, not having a facing covering will get you a visit from police in a number of jurisdictions. McClain was a COVID-19 first responder/early adopter.
They specifically said “ we just want to talk to you...no big deal”.....he resisted. Just listen to the tape
Exactly my point. They can ask him to talk. He does not have to stop and talk. He is under no legal obligation to stop and talk to the police.
That is basic Fourth and Fifth amendment stuff.
I do not see the legal authority to physically detain him, from the facts presented, and my limited viewing of the video.
They are likely relying on "subject was acting strangely". I suspect it will not fly. It may depend on the jury in the case.
It’s been reported he was on that spectrum, perhaps Aspergers, which because their ‘language processing’ is generally slower than ours (especially after a meltdown)would account for what we hear on the tape. Obviously the situation was outside his comfort zone and often times individuals on the spectrum have hypersensitivity to sights and sounds. This generally leads to an increase in anxiety and stress. Which we heard developing on the tape.
It’s not about common sense nor intellectual understanding if he’s on the autistic spectrum, it’s about all about the stimulation of his senses which can quickly become over whelming..... An autistic person’s brain is already in hyperdrive when senses come in. Therefore, ‘a change in routine’ can be enough to tip the scales in sensory input and cause meltdown. It is like a computer that freezes because too many processes are occurring at once.
Not “required”, but rather “allowed, permitted or authorized” to conduct a Terry stop w/ articulable reasonable suspicion.
LEOs can attempt to talk with anyone but w/o cause, talk is all that should be done.
If a person decides not to interact, sans cause, the cops need to simply say, “well, have a nice day, sir”.
Cause is not made simply because of unwillingness to converse. Of course, often badge and gun tend to make some officers believe that others need to pay attention to them when they don’t, again, sans cause.
I firmly support the rule of law, police are a link in that chain.
In august of 2019 he wore a mask WHILE JOGGING??? I can hardly breathe with one while doing nothing. Fishy considering this tidbit.
Also is Every cop interaction that ON THE SURFACE is less than perfect voing to be tried and settled as vuilty in the media ?
Do you honestly think this mentally challenged individual was even remotely aware of his rights while his senses were firing in overdrive right from the get go? Even before the officers arrived he was rambling to himself as revealed in the 911 call.
The coroner’s report says otherwise.
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