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The Water Cooler
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How prosecutors came to dominate the criminal-justice system
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<blockquote data-quote="_CY_" data-source="post: 2773920" data-attributes="member: 7629"><p>the really disturbing portion is the very last part in below link, when officer is reporting instance to superior .. it's completely different vs what actually happened as told by transcript and video above. </p><p></p><p>========== </p><p></p><p>He had no justification for 'extending the detention.'</p><p></p><p> Once he made the decision to issue a warning and issued said warning, there is no further justification for extending the detention. I would imagine he faces an uphill battle on this one. Unless he tries to argue he decided last minute to make the on-site arrest for the original traffic violation. Tough sell. </p><p></p><p>-- fortythirtyone, on PoliceOne </p><p><a href="http://www.policeone.com/use-of-force/articles/8686711-Video-Texas-PD-releases-arrest-footage-of-woman-found-dead-in-cell/" target="_blank">http://www.policeone.com/use-of-force/articles/8686711-Video-Texas-PD-releases-arrest-footage-of-woman-found-dead-in-cell/</a></p><p></p><p>========</p><p></p><p>The Transcript Of Sandra Bland's Arrest Is As Revealing As The Video</p><p>Encinia: You mind putting out your cigarette, please? If you don't mind?</p><p></p><p>Posted: 07/22/2015 </p><p> </p><p>During the traffic stop that led to her arrest and, ultimately, her death in a Texas jail, Sandra Bland repeatedly questioned the decisions of state Trooper Brian Encinia and asserted rights she said Encinia was violating.</p><p></p><p>A close look at the police car dashcam video that recorded the exchange shows her questions had merit: Encinia at every occasion escalates the tension. He tells Bland, a Black Lives Matter activist, she's under arrest before she has even left her car, shouts at her for moving after ordering her to move, refuses to answer questions about why she's being arrested and, out of the camera's view, apparently slams her to the ground. He gets testy with her -- "Are you done?" -- when she explains after he points out she seems irritated. And, contrary to a recent Supreme Court decision, he unconstitutionally extends the traffic stop, it appears, out of spite.</p><p></p><p>The video also shows that Encina never actually ordered Bland to put out her cigarette, but rather asked her politely, to which she responded with a question. To which he answered with aggression.</p><p></p><p>At times, the confrontation becomes chaotic, but a transcript shows Bland answering the trooper's questions, asserting her rights, and, eventually, directly challenging his treatment of her -- an evaluation shared by some police officers who've watched the video. </p><p></p><p>The following exchange -- transcribed with the help of HuffPost's Matt Ramos and Dhyana Taylor -- comes after the dashcam video shows Encinia quickly driving toward the rear of Bland's car.</p><p></p><p>State Trooper Brian Encinia: Hello ma’am. We’re the Texas Highway Patrol and the reason for your stop is because you failed to signal the lane change. Do you have your driver’s license and registration with you? What’s wrong? How long have you been in Texas?</p><p></p><p>Sandra Bland: Got here just today.</p><p></p><p>Encinia: OK. Do you have a driver's license? (Pause) OK, where you headed to now? Give me a few minutes.</p><p></p><p>(Bland inaudible)</p><p></p><p>(Encinia returns to his car for several minutes, then approaches Bland again.) </p><p></p><p>Encinia: OK, ma'am. (Pause.) You OK?</p><p></p><p>Bland: I'm waiting on you. This is your job. I'm waiting on you. When're you going to let me go?</p><p></p><p>Encinia: I don't know, you seem very really irritated.</p><p></p><p>Bland: I am. I really am. I feel like it's crap 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] ticket.</p><p></p><p>Encinia: Are you done?</p><p></p><p>Bland: You asked me what was wrong, now I told you.</p><p></p><p>Encinia: OK.</p><p></p><p>Bland: So now I'm done, yeah.</p><p></p><p>Encinia: You mind putting out your cigarette, please? If you don't mind?</p><p></p><p>Bland: I'm in my car, why do I have to put out my cigarette?</p><p></p><p>Encinia: Well you can step on out now.</p><p></p><p>Bland: I don’t have to step out of my car.</p><p></p><p>Encinia: Step out of the car.</p><p></p><p>Bland: Why am I ...</p><p></p><p>Encinia: Step out of the car!</p><p></p><p>Bland: No, you don’t have the right. No, you don't have the right.</p><p></p><p>Encinia: Step out of the car.</p><p></p><p>Bland: You do not have the right. You do not have the right to do this.</p><p></p><p>Encinia: I do have the right, now step out or I will remove you.</p><p></p><p>Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?</p><p></p><p>Encinia: Step out or I will remove you. I’m giving you a lawful order.</p><p></p><p>Get out of the car now or I’m going to remove you.</p><p></p><p>Bland: And I’m calling my lawyer.</p><p></p><p>Encinia: I’m going to yank you out of here. (Reaches inside the car.)</p><p></p><p>Bland: OK, you’re going to yank me out of my car? OK, alright.</p><p></p><p>Encinia (calling in backup): 2547.</p><p></p><p>Bland: Let’s do this.</p><p></p><p>Encinia: Yeah, we’re going to. (Grabs for Bland.)</p><p></p><p>Bland: Don’t touch me!</p><p></p><p>Encinia: Get out of the car!</p><p></p><p>Bland: Don’t touch me. Don't touch me! I’m not under arrest -- you don't have the right to take me out of the car.</p><p></p><p>Encinia: You are under arrest!</p><p></p><p>Bland: I’m under arrest? For what? For what? For what?</p><p></p><p>Encinia (to dispatch): 2547 county fm 1098 (inaudible) send me another unit. (To Bland) Get out of the car! Get out of the car now!</p><p></p><p>Bland: Why am I being apprehended? You're trying to give me a ticket for failure ...</p><p></p><p>Encinia: I said get out of the car!</p><p></p><p>Bland: Why am I being apprehended? You just opened my --</p><p></p><p>Encinia: I‘m giving you a lawful order. I’m going to drag you out of here.</p><p></p><p>Bland: So you’re threatening to drag me out of my own car?</p><p></p><p>Encinia: Get out of the car!</p><p></p><p>Bland: And then you’re going to [crosstalk] me?</p><p></p><p>Encinia: I will light you up! Get out! Now! (Draws stun gun and points it at Bland.) </p><p></p><p>Bland: Wow. Wow. (Bland exits car.)</p><p></p><p>Encinia: Get out. Now. Get out of the car!</p><p></p><p>Bland: For a failure to signal? You’re doing all of this for a failure to signal?</p><p></p><p><a href="http://www.huffingtonpost.com/entry/sandra-bland-arrest-transcript_55b03a88e4b0a9b94853b1f1" target="_blank">http://www.huffingtonpost.com/entry/sandra-bland-arrest-transcript_55b03a88e4b0a9b94853b1f1</a></p></blockquote><p></p>
[QUOTE="_CY_, post: 2773920, member: 7629"] the really disturbing portion is the very last part in below link, when officer is reporting instance to superior .. it's completely different vs what actually happened as told by transcript and video above. ========== He had no justification for 'extending the detention.' Once he made the decision to issue a warning and issued said warning, there is no further justification for extending the detention. I would imagine he faces an uphill battle on this one. Unless he tries to argue he decided last minute to make the on-site arrest for the original traffic violation. Tough sell. -- fortythirtyone, on PoliceOne [url]http://www.policeone.com/use-of-force/articles/8686711-Video-Texas-PD-releases-arrest-footage-of-woman-found-dead-in-cell/[/url] ======== The Transcript Of Sandra Bland's Arrest Is As Revealing As The Video Encinia: You mind putting out your cigarette, please? If you don't mind? Posted: 07/22/2015 During the traffic stop that led to her arrest and, ultimately, her death in a Texas jail, Sandra Bland repeatedly questioned the decisions of state Trooper Brian Encinia and asserted rights she said Encinia was violating. A close look at the police car dashcam video that recorded the exchange shows her questions had merit: Encinia at every occasion escalates the tension. He tells Bland, a Black Lives Matter activist, she's under arrest before she has even left her car, shouts at her for moving after ordering her to move, refuses to answer questions about why she's being arrested and, out of the camera's view, apparently slams her to the ground. He gets testy with her -- "Are you done?" -- when she explains after he points out she seems irritated. And, contrary to a recent Supreme Court decision, he unconstitutionally extends the traffic stop, it appears, out of spite. The video also shows that Encina never actually ordered Bland to put out her cigarette, but rather asked her politely, to which she responded with a question. To which he answered with aggression. At times, the confrontation becomes chaotic, but a transcript shows Bland answering the trooper's questions, asserting her rights, and, eventually, directly challenging his treatment of her -- an evaluation shared by some police officers who've watched the video. The following exchange -- transcribed with the help of HuffPost's Matt Ramos and Dhyana Taylor -- comes after the dashcam video shows Encinia quickly driving toward the rear of Bland's car. State Trooper Brian Encinia: Hello ma’am. We’re the Texas Highway Patrol and the reason for your stop is because you failed to signal the lane change. Do you have your driver’s license and registration with you? What’s wrong? How long have you been in Texas? Sandra Bland: Got here just today. Encinia: OK. Do you have a driver's license? (Pause) OK, where you headed to now? Give me a few minutes. (Bland inaudible) (Encinia returns to his car for several minutes, then approaches Bland again.) Encinia: OK, ma'am. (Pause.) You OK? Bland: I'm waiting on you. This is your job. I'm waiting on you. When're you going to let me go? Encinia: I don't know, you seem very really irritated. Bland: I am. I really am. I feel like it's crap 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] ticket. Encinia: Are you done? Bland: You asked me what was wrong, now I told you. Encinia: OK. Bland: So now I'm done, yeah. Encinia: You mind putting out your cigarette, please? If you don't mind? Bland: I'm in my car, why do I have to put out my cigarette? Encinia: Well you can step on out now. Bland: I don’t have to step out of my car. Encinia: Step out of the car. Bland: Why am I ... Encinia: Step out of the car! Bland: No, you don’t have the right. No, you don't have the right. Encinia: Step out of the car. Bland: You do not have the right. You do not have the right to do this. Encinia: I do have the right, now step out or I will remove you. Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal? Encinia: Step out or I will remove you. I’m giving you a lawful order. Get out of the car now or I’m going to remove you. Bland: And I’m calling my lawyer. Encinia: I’m going to yank you out of here. (Reaches inside the car.) Bland: OK, you’re going to yank me out of my car? OK, alright. Encinia (calling in backup): 2547. Bland: Let’s do this. Encinia: Yeah, we’re going to. (Grabs for Bland.) Bland: Don’t touch me! Encinia: Get out of the car! Bland: Don’t touch me. Don't touch me! I’m not under arrest -- you don't have the right to take me out of the car. Encinia: You are under arrest! Bland: I’m under arrest? For what? For what? For what? Encinia (to dispatch): 2547 county fm 1098 (inaudible) send me another unit. (To Bland) Get out of the car! Get out of the car now! Bland: Why am I being apprehended? You're trying to give me a ticket for failure ... Encinia: I said get out of the car! Bland: Why am I being apprehended? You just opened my -- Encinia: I‘m giving you a lawful order. I’m going to drag you out of here. Bland: So you’re threatening to drag me out of my own car? Encinia: Get out of the car! Bland: And then you’re going to [crosstalk] me? Encinia: I will light you up! Get out! Now! (Draws stun gun and points it at Bland.) Bland: Wow. Wow. (Bland exits car.) Encinia: Get out. Now. Get out of the car! Bland: For a failure to signal? You’re doing all of this for a failure to signal? [url]http://www.huffingtonpost.com/entry/sandra-bland-arrest-transcript_55b03a88e4b0a9b94853b1f1[/url] [/QUOTE]
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