Mass. Supreme Court Deems Fleeing the Police is Justified

[Boreas]

We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect's state of mind or consciousness of guilt. Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt. Such an individual, when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity. Given this reality for black males in the city of Boston, a judge should, in appropriate cases, consider the report's findings in weighing flight as a factor in the reasonable suspicion calculus."

http://www.wbur.org/news/2016/09/20/mass-high-court-black-men-may-have-legitimate-reason-to-flee-police

[donquixote99]

An unusual sort of ruling--it is seldom that the courts say one has any right to do anything but submit to law enforcement. A good anti-profiling ruling.

[Tom Joad]

Good.:)

[Boreas]

An unusual sort of ruling--it is seldom that the courts say one has any right to do anything but submit to law enforcement. A good anti-profiling ruling.

The thing that bothers me about it is that, while the ruling says that flight isn't probative, it still acknowledges it to be grounds for suspicion and, by implication, sufficient to warrant pursuit where the police can get up to all sorts of mischief. The only thing it would seem to rule out is the application of deadly force merely as a response to flight. That's something, I guess.

[Tom Joad]

The thing that bothers me about it is that, while the ruling says that flight isn't probative, it still acknowledges it to be grounds for suspicion and, by implication, sufficient to warrant pursuit where the police can get up to all sorts of mischief. The only thing it would seem to rule out is the application of deadly force merely as a response to flight. That's something, I guess.

Yeah, it doesn't go far enough, but It's better than nothing.

If it was up to me, I'd make it legal for black dudes to return fire when fired upon by the cops.

[donquixote99]

Yeah, it doesn't go far enough, but It's better than nothing.

If it was up to me, I'd make it legal for black dudes to return fire when fired upon by the cops.

This is legal (at least in some jurisdictions), but you'd better be able to show you were resisting not unlawful arrest, but the unlawful threat of serious bodily harm. And in the case of police officers, with so many legal assumptions on their side, that 'unlawful threat' part can be very tough indeed.

https://en.wikipedia.org/wiki/Plummer_v._State

[Boreas]

This is legal (at least in some jurisdictions), but you'd better be able to show you were resisting not unlawful arrest, but the unlawful threat of serious bodily harm. And in the case of police officers, with so many legal assumptions on their side, that 'unlawful threat' part can be very tough indeed.

https://en.wikipedia.org/wiki/Plummer_v._State

It can be impossible.

http://www.chicagotribune.com/news/local/breaking/ct-dante-servin-recommended-firing-met-20150917-story.html

[Tom Joad]

If I'm ever on a jury and it's a black guy on trial for shooting a cop, I'm voting "Not Guilty". I don't care what the circumstances are.

[barbara]

If I'm ever on a jury and it's a black guy on trial for shooting a cop, I'm voting "Not Guilty". I don't care what the circumstances are.



Continuing to compromise our justice system is such a good solution. 😏

[Tom Joad]

Continuing to compromise our justice system is such a good solution. 😏

It's already a done deal that when a cop shoots a black guy the cop gets off scott free, no matter what. All I'm proposing is to try to restore some balance.

[barbara]

It's already a done deal that when a cop shoots a black guy the cop gets off scott free, no matter what. All I'm proposing is to try to restore some balance.



Right.... Only you are going about it the wrong way.

The better solution would be to stop cops from shooting innocent people or inappropriately.

Your suggestion would only make the problem worse.

[MrPots]

Right.... Only you are going about it the wrong way.

The better solution would be to stop cops from shooting innocent people or inappropriately.

Your suggestion would only make the problem worse.

So how do we stop the police from using deadly force as a first resort without becoming targets ourselves?

What's the better way? The better way that the police will GAF about? They have the power of judge, jury and executioner. Even the president doesn't have that power. They injure and kill people in their custody and get away with it every time. The police don't GAF what we want.

[JJIII]

So how do we stop the police from using deadly force as a first resort without becoming targets ourselves?

What's the better way? The better way that the police will GAF about? They have the power of judge, jury and executioner. Even the president doesn't have that power. They injure and kill people in their custody and get away with it every time. The police don't GAF what we want.

Every time?

Sources?

[Boreas]

Every time?

Sources?

Ever hear of hyperbole? The fact remains that the number of cops convicted of murder for killings they committed while on duty is so small as to amount to statistical noise.

[MrPots]

Thank you.

[MrPots]

Continuing to compromise our justice system is such a good solution. ��

Our justice system is so compromised now, why would it matter?

I fear the police and do not trust them. They are above the law and they know it. I would also flee in fear of my life.

[JJIII]

Our justice system is so compromised now, why would it matter?

I fear the police and do not trust them. They are above the law and they know it. I would also flee in fear of my life.

I'm afraid that would trigger the predator instinct.

https://www.washingtonpost.com/news/post-nation/wp/2016/05/11/former-north-charleston-officer-who-shot-walter-scott-indicted-on-federal-civil-rights-violation/?utm_term=.2b336d48c05c

Not good.

[nailer]

Our justice system is so compromised now, why would it matter?

I fear the police and do not trust them. They are above the law and they know it. I would also flee in fear of my life.

Paranoia can be a consequence of too much weed. ;)