Sources: ABC 10 - WPLG, Sun Sentinel, The Washington Post
quote: [Berning] has a good chance of the law being on her side. Clearly, it was an overreaction … And look at the totality of the circumstances. She shouldn't have had to spend the night in jail, that's for sure.
quote: All charges were dropped.
quote: I wonder... I know with Stand your Ground law, if an Officer invades your home without a warrant you can shoot them dead... but your car? That's a little more tricky. I know cars have been ruled as part of your "castle," but probable cause has been used for grounds to search a vehicle in the past, not a warrant. Those searches though still required consent.
quote: He tells her she is under arrest for committing a felony.Ms. Berning told the cop that he had no reason to arrest her and refused to exit her vehicle. That would be the final refusal. The police officer decided to take aggressive action, climbing into Ms. Berning's car.
quote: You don't tell a cop no. Just do what they say and then tell the judge and jury. Which, at the end of the day, is exactly what is happening here. But, she still went to jail and she will think twice before saying no to a cops demands.
quote: “Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
quote: Also, supreme court cases are not laws. They may help to put laws in place but they are not law.
quote: Can you find a state law in any of the 50 states that says that when an officer places you under arrest you only need to comply if you feel like it?
quote: Last I checked, the Supre Court Justices are the ones to decide what rights you currently have, not just what you wish.
quote: all of the cases that cite Plummer discuss the issue as defense against unlawful force,
quote: It is unlawful and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully to fail or refuse to comply with any lawful order or direction of any law enforcement officer ...
quote: She ignored that command. FL statute 316.072s3 states that:
quote: Officers have the legal authority to make people get out of their vehicles for any reason.
quote: Good luck trying to get away with that.
quote: Well when the common criminals have big guns, shouldn't enforcement department need to upgrade as well? Militarization of police has its relevant causes. It is just that the police still has to remember that excessive force is uncalled for when the situation does not warrant it. The police department needs to have better procedures to deal with situations such as this.
quote: Police are not there to engage in armed combat with civilians. They are there to enforce the law. The extent to which they should be using deadly force is to PROTECT THEMSELVES OR OTHER OFFICERS from a threat. If they were engaging in movie-style shootouts they'd be causing more harm than good by endangering the surrounding public.
quote: She was just hoping she could play all innocent and use her looks to get out of a ticket.
quote: If it's OK for anyone to abuse the HOV lane why not just get rid of it altogether?
quote: while there are people being raped, murdered, and assaulted somewhere
quote: Oh yeah, you just know how to click the "Post Comment" button on DT.
quote: Do understand that even if she prevails and wins millions, it will NOT be piggy paying the bill
quote: What everyone should take away from this is if you break the law ...