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Old Oct 8th, 2014, 12:51 AM   #1
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Cops smash window to tase passenger during traffic stop

U.S. News


An Indiana family filed a lawsuit after police drew their guns, broke out a car window, and used a Taser on an adult passenger during a traffic stop.

Lisa Mahone said she was pulled over Sept. 25 by Hammond police for a seat belt violation as she drove with her boyfriend and their two children to a Chicago hospital, where doctors had said her mother was near death.


She handed over her driver’s license and proof of insurance, and police asked her boyfriend, Jamal Jones, for his ID.

Jones told police he did not have an ID because he had recently gotten a ticket, and he reached into a book bag on the back seat to show them the ticket.

Officers drew their guns on the couple and their 14-year-old son and 7-year-old daughter, and the teen began recording the encounter on a cell phone.


Mahone called 911 to report she feared for her life after officers drew their weapons, and she told the dispatcher that she hoped to reach the hospital before her mother died.

“I said, ‘Oh my god, he’s pulling me over like I robbed a bank,’” Mahone told WFLD-TV.

Police told Jones they had drawn their guns because they did not know who he was or what he would do.

“That’s why I have my windows up,” Jones told officers. “I’m not no harm to you right now. I got my kids in the car and you’re drawing your weapon.”


Jones told WFLD that he was afraid to leave his frightened children in the car, and he was also afraid to get out because officers were acting so aggressively toward him.

He tried to give the ticket to police, but they refused to take them.

“You all got a white shirt?” Jones asked, requesting a supervisor. “I just want to know what’s going on.”
“Look at my shoulder, dumbass,” an officer tells him. “I’ve got bars.”

Mahone continued speaking to the dispatcher as Jones spoke calmly to two officers standing outside the passenger door, with the window cracked about three inches.

“Why do you say somebody’s not going to hurt you?” Mahone said. “People are getting shot by the police.”

Suddenly, one of the officers uses a baton to break open the passenger-side window, sending shattered glass spraying throughout the inside of the vehicle as the children screamed.

The officer reaches into the vehicle and uses a Taser on Jones, who screams as the electric current jolts through his body for at least 3 seconds.

Officers haul Jones out of the vehicle as 7-year-old Janiya sobs in the back seat, and Mahone notices her teenage son, Joseph, had been videotaping the encounter.

Police place Jones in handcuffs and arrested him for resisting law enforcement and refusal to aid an officer.

The couple filed a federal lawsuit Monday against the Hammond police department, claiming the officers clearly overstepped their authority.

“They had no probable cause, one, to even ask Jamal to get out of the car, or two, to engage in excessive force in tasering and arresting him,” their attorney, Dana Kurtz, told the TV station.

The police department defended the officers in a statement, saying they intended to ticket Jones, as well, for a seat belt violation.

“In general, police officers who make legal traffic stops are allowed to ask passengers inside of a stopped vehicle for identification and to request that they exit a stopped vehicle for the officer’s safety without a requirement of reasonable suspicion,” police said.

But Kurtz argued that there was no search or any evidence to suggest criminal activity, and Jones said he was wearing a seat belt when the car was stopped and police never told him about their intention to ticket him.

One of the officers involved in the incident has been previously named in two excessive force lawsuits that resulted in settlements paid out by the city of Hammond.


Watch video of the incident posted online by Kurtz Law Offices:



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Old Oct 8th, 2014, 01:04 AM   #2
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Re: Cops smash window to tase passenger during traffic stop

Quote:
Originally Posted by mykarma View Post
U.S. News


An Indiana family filed a lawsuit after police drew their guns, broke out a car window, and used a Taser on an adult passenger during a traffic stop.

Lisa Mahone said she was pulled over Sept. 25 by Hammond police for a seat belt violation as she drove with her boyfriend and their two children to a Chicago hospital, where doctors had said her mother was near death.


She handed over her driver’s license and proof of insurance, and police asked her boyfriend, Jamal Jones, for his ID.

Jones told police he did not have an ID because he had recently gotten a ticket, and he reached into a book bag on the back seat to show them the ticket.

Officers drew their guns on the couple and their 14-year-old son and 7-year-old daughter, and the teen began recording the encounter on a cell phone.


Mahone called 911 to report she feared for her life after officers drew their weapons, and she told the dispatcher that she hoped to reach the hospital before her mother died.

“I said, ‘Oh my god, he’s pulling me over like I robbed a bank,’” Mahone told WFLD-TV.

Police told Jones they had drawn their guns because they did not know who he was or what he would do.

“That’s why I have my windows up,” Jones told officers. “I’m not no harm to you right now. I got my kids in the car and you’re drawing your weapon.”


Jones told WFLD that he was afraid to leave his frightened children in the car, and he was also afraid to get out because officers were acting so aggressively toward him.

He tried to give the ticket to police, but they refused to take them.

“You all got a white shirt?” Jones asked, requesting a supervisor. “I just want to know what’s going on.”
“Look at my shoulder, dumbass,” an officer tells him. “I’ve got bars.”

Mahone continued speaking to the dispatcher as Jones spoke calmly to two officers standing outside the passenger door, with the window cracked about three inches.

“Why do you say somebody’s not going to hurt you?” Mahone said. “People are getting shot by the police.”

Suddenly, one of the officers uses a baton to break open the passenger-side window, sending shattered glass spraying throughout the inside of the vehicle as the children screamed.

The officer reaches into the vehicle and uses a Taser on Jones, who screams as the electric current jolts through his body for at least 3 seconds.

Officers haul Jones out of the vehicle as 7-year-old Janiya sobs in the back seat, and Mahone notices her teenage son, Joseph, had been videotaping the encounter.

Police place Jones in handcuffs and arrested him for resisting law enforcement and refusal to aid an officer.

The couple filed a federal lawsuit Monday against the Hammond police department, claiming the officers clearly overstepped their authority.

“They had no probable cause, one, to even ask Jamal to get out of the car, or two, to engage in excessive force in tasering and arresting him,” their attorney, Dana Kurtz, told the TV station.

The police department defended the officers in a statement, saying they intended to ticket Jones, as well, for a seat belt violation.

“In general, police officers who make legal traffic stops are allowed to ask passengers inside of a stopped vehicle for identification and to request that they exit a stopped vehicle for the officer’s safety without a requirement of reasonable suspicion,” police said.

But Kurtz argued that there was no search or any evidence to suggest criminal activity, and Jones said he was wearing a seat belt when the car was stopped and police never told him about their intention to ticket him.

One of the officers involved in the incident has been previously named in two excessive force lawsuits that resulted in settlements paid out by the city of Hammond.


Watch video of the incident posted online by Kurtz Law Offices:



Police dept. defends cops.
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Old Oct 8th, 2014, 01:44 AM   #3
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Re: Cops smash window to tase passenger during traffic stop

I've lost respect for all cops --even the goods ones. Since when are passengers required to show fucking ID? Unfuckingbelievable !!! Cops in this country have gone off the deep end.
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Old Oct 8th, 2014, 01:53 AM   #4
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Re: Cops smash window to tase passenger during traffic stop

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Originally Posted by Infiniti2001 View Post
I've lost respect for all cops --even the goods ones. Since when are passengers required to show fucking ID? Unfuckingbelievable !!! Cops in this country have gone off the deep end.
I lost it listening to the seven year old's sobbing. I hope they got to the hospital in time before their mom/grandmom died. How much can a family take?
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Old Oct 8th, 2014, 02:19 AM   #5
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Re: Cops smash window to tase passenger during traffic stop

In case anybody wishes to avoid having their day ruined during a routine traffic stop like these folks did:

a. Keep your hands where the officers can see them, don't reach into a bag or anywhere else in the vehicle without discussing it with the officers first. Many officers have been shot during "routine" traffic stops.

b. Don't refuse to roll down your window.

c. Don't attempt to drive away during the traffic stop.

d. If you don't have any I.D. expect to be asked to step out of the vehicle so the officers can attempt to establish your identity and do a query for warrants. That's their job.

e. If an officer tells you to step out of the vehicle, step out of the vehicle.

f. If an officer has directed you to step out of the vehicle several times, called for back-up and back-up has arrived, expect the officers to use whatever force necessary to remove you from the vehicle. There is still time to cooperate. The officers are not going to say, "Well, since you don't have any identification and you refuse to get out of the vehicle.......have a nice day."

IF you follow these simple rules, 99.99% of the time, you'll save yourself and the officers a lot of time and trouble. Oh, and wear your seat belt!
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Old Oct 8th, 2014, 02:28 AM   #6
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Re: Cops smash window to tase passenger during traffic stop

You have gotta be f'in kidding me... wait, what am I saying? Color me jaded.
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Quote:
Originally Posted by meyerpl View Post
In case anybody wishes to avoid having their day ruined during a routine traffic stop like these folks did:

a. Keep your hands where the officers can see them, don't reach into a bag or anywhere else in the vehicle without discussing it with the officers first. Many officers have been shot during "routine" traffic stops.

b. Don't refuse to roll down your window.

c. Don't attempt to drive away during the traffic stop.

d. If you don't have any I.D. expect to be asked to step out of the vehicle so the officers can attempt to establish your identity and do a query for warrants. That's their job.

e. If an officer tells you to step out of the vehicle, step out of the vehicle.

f. If an officer has directed you to step out of the vehicle several times, called for back-up and back-up has arrived, expect the officers to use whatever force necessary to remove you from the vehicle. There is still time to cooperate. The officers are not going to say, "Well, since you don't have any identification and you refuse to get out of the vehicle.......have a nice day."

IF you follow these simple rules, 99.99% of the time, you'll save yourself and the officers a lot of time and trouble. Oh, and wear your seat belt!
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Old Oct 8th, 2014, 02:30 AM   #7
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Re: Cops smash window to tase passenger during traffic stop

A federal lawsuit accuses Hammond police of "malice" and "reckless indifference" when they smashed a car window and used a Taser on a passenger during a traffic stop last month.

But Hammond police, in a two-page rebuttal, said they resorted to force only after the passenger repeatedly refused to leave the car and kept reaching toward the back seat, prompting fears he may have had a weapon.


Neither the police statement nor the lawsuit say a gun was found in the car.
Statement from the Hammond Police DepartmentRead the story

The incident happened around 3:30 p.m. on Sept. 24 when Lisa Mahone was pulled over as she drove with a friend, Jamal Jones, and her two children, 7 and 14, according to the lawsuit filed Monday in Indiana.

The officer told Mahone, 47, she was stopped for not wearing her seatbelt and asked for her driver's license. The officer also asked to see Jones' identification, according to both police and the lawsuit.

Mahone produced her license, but Jones told the officer he had been ticketed for not paying his insurance and did not have his license, the lawsuit states.

Jones claims the officer drew his gun "for no reason" after Jones retrieved the ticket from his backpack and "offered the ticket to the officer."

But police say Jones refused to hand over the ticket. "(Jones) refused to lower the window more than a small amount, then told the officer that 'he was not going to do (the officer’s) job' and for him to get a piece of paper," police said in their statement. "The first officer then called for back-up after asking (Jones) several more times to provide his name."


As the back-up officer arrived, "the first officer saw the passenger inside the vehicle drop his left hand behind the center console. . .Fearing for officer safety, the first officer ordered the passenger to show his hands and then repeatedly asked him to exit the vehicle," according to the statement.

The lawsuit says Jones refused to leave the car "because he feared the officers would harm him."

Around this time, Mahone shifted the car into gear and began moving until officers warned her that a "stop strip" had been placed in front of her car and would puncture her tires.


Mahone told the officers they were on the way to Stroger Hospital in Chicago to visit her sick mother. In a video recorded by Mahone's 14-year-old son, she can be heard calling the Hammond police department to explain the situation.

"Just give me a ticket for no seatbelt so I can go to the hospital because the doctor called me to tell me to come in because my mom is about to pass away," Mahone said as officers continued to ask Jones to get out of the car, according to the video.

One officer tells Jones if he does not step out of the car, they will "have to open the door for [him]." Jones nods and, after a few moments, one officer breaks the window with a club and uses a Taser on Jones, the video shows.

Officers pull Jones out of the car as Mahone's 7-year-old daughter can be heard in the backseat crying. The lawsuit says shards of glass hit the the girl and the boy in the back seat.

Police said the officers took the action "fearing the occupants of the vehicle may have possessed a weapon, and seeing the passenger repeatedly reach towards the rear seats of the vehicle."

According to the lawsuit and the police statement, Jones was arrested and issued citations for resisting law enforcement and refusal to aid an officer. Mahone was cited for not wearing her seatbelt and was allowed to leave.

The lawsuit accuses Hammond police of excessive force, battery and false arrest, saying the officers' actions "were taken intentionally with malice, willfulness, and reckless indifference to the rights and safety of plaintiffs."

But police, in their statement, said officers "who make legal traffic stops are allowed to ask passengers inside of a stopped vehicle for identification and to request that they exit a stopped vehicle for the officer’s safety without a requirement of reasonable suspicion.

"When the passenger displayed movements inside of the stopped vehicle that included placing his hand in places where the officer could not see, officers’ concerns for their safety were heightened,"
it added.

Hammond police said an officer also recorded the incident.
Copyright © 2014, Chicago Tribune

http://www.chicagotribune.com/news/l...ser-story.html
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Old Oct 8th, 2014, 02:43 AM   #8
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Re: Cops smash window to tase passenger during traffic stop

There are two things I understand:

1. There is a great deal of mistrust in the African American community of police in particular and the criminal justice system in general for good reason. Black people in America have been subjected to unequal treatment by both. That's a fact.

2. Police can't afford to allow this sad reality to allow them to become sloppy about their safety. They know that any "routine" traffic stop can turn deadly in a split second and they want to go home to their families at the end of their shift.
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Old Oct 8th, 2014, 02:53 AM   #9
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Re: Cops smash window to tase passenger during traffic stop

Quote:
Originally Posted by meyerpl View Post
There are two things I understand:

1. There is a great deal of mistrust in the African American community of police in particular and the criminal justice system in general for good reason. Black people in America have been subjected to unequal treatment by both. That's a fact.

2. Police can't afford to allow this sad reality to allow them to become sloppy about their safety. They know that any "routine" traffic stop can turn deadly in a split second and they want to go home to their families at the end of their shift.
If these cops can't do their jobs properly, they need to find new lines of work. The Black community would be extremely overjoyed.
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Old Oct 8th, 2014, 02:54 AM   #10
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Re: Cops smash window to tase passenger during traffic stop

This is ridiculous what's happening with these cops.

I can't watch the vid, sorry. Makes me sick to my stomach that something like this can happen when I go to the US.
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Old Oct 8th, 2014, 03:21 AM   #11
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Re: Cops smash window to tase passenger during traffic stop

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Originally Posted by JN View Post
If these cops can't do their jobs properly, they need to find new lines of work. The Black community would be extremely overjoyed.
How did they not do their jobs properly? They extricated an uncooperative subject from a vehicle safely, nobody got hurt and everybody got to go home to their families that night.

The man wouldn't roll down his window, wouldn't identify himself and wouldn't get out of the car when directed to repeatedly. What would you have the officers do? Throw their hands in the air and drive away? If they had done that and the man did have a warrant and subsequently hurt or killed somebody, then they would have a legitimate lawsuit on their hands.

Seriously, I understand the widespread mistrust of police in the African American community, however; that doesn't give any citizen license to defy the police during a routine traffic stop, nor does it mean that the police should be less concerned for their safety. The man's behavior gave the officers good reason to be concerned.

The proper course of action for the man wasn't murky or confusing, he was given clear and concise directions. Keep your hands where the officers can see them when they tell you to, identify yourself upon request and get out of the car when directed to. It ain't rocket science (or trying to talk to women).
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Old Oct 8th, 2014, 04:49 AM   #12
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Re: Cops smash window to tase passenger during traffic stop

Quote:
Originally Posted by meyerpl View Post
In case anybody wishes to avoid having their day ruined during a routine traffic stop like these folks did:

a. Keep your hands where the officers can see them, don't reach into a bag or anywhere else in the vehicle without discussing it with the officers first. Many officers have been shot during "routine" traffic stops.

b. Don't refuse to roll down your window.

c. Don't attempt to drive away during the traffic stop.

d. If you don't have any I.D. expect to be asked to step out of the vehicle so the officers can attempt to establish your identity and do a query for warrants. That's their job.

e. If an officer tells you to step out of the vehicle, step out of the vehicle.

f. If an officer has directed you to step out of the vehicle several times, called for back-up and back-up has arrived, expect the officers to use whatever force necessary to remove you from the vehicle. There is still time to cooperate. The officers are not going to say, "Well, since you don't have any identification and you refuse to get out of the vehicle.......have a nice day."

IF you follow these simple rules, 99.99% of the time, you'll save yourself and the officers a lot of time and trouble. Oh, and wear your seat belt!
Nuff said!!

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Old Oct 8th, 2014, 05:23 AM   #13
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Re: Cops smash window to tase passenger during traffic stop

I think what we are seeing now is fear of police, due to the many random killings recently in the news.
And especially with what is presently occurring with the Michael Brown incident.
I stated in another thread that the excessive force by police will eventually extend to others, and this is what I was referring to.
The way I see this case is...if people who aren't victimized turn their eyes when others are, the victimization will in time extend outward.
This is a very sad situation, and I'm willing to bet that this family will relive this incident for a long long time.

Btw, haven't seen you in a while meyerpl.
Hope you and those great sons of yours are doing well.
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Old Oct 8th, 2014, 09:58 AM   #14
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Re: Cops smash window to tase passenger during traffic stop

Quote:
Originally Posted by meyerpl View Post
How did they not do their jobs properly? They extricated an uncooperative subject from a vehicle safely, nobody got hurt and everybody got to go home to their families that night.

The man wouldn't roll down his window, wouldn't identify himself and wouldn't get out of the car when directed to repeatedly. What would you have the officers do? Throw their hands in the air and drive away? If they had done that and the man did have a warrant and subsequently hurt or killed somebody, then they would have a legitimate lawsuit on their hands.

Seriously, I understand the widespread mistrust of police in the African American community, however; that doesn't give any citizen license to defy the police during a routine traffic stop, nor does it mean that the police should be less concerned for their safety. The man's behavior gave the officers good reason to be concerned.

The proper course of action for the man wasn't murky or confusing, he was given clear and concise directions. Keep your hands where the officers can see them when they tell you to, identify yourself upon request and get out of the car when directed to. It ain't rocket science (or trying to talk to women).
My use of "these cops" was not only referring to the two in this article.
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Old Oct 8th, 2014, 02:37 PM   #15
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Re: Cops smash window to tase passenger during traffic stop

My thing is...why did the cops feel the need to have guns pointed at them? There's no fucking way I'm getting out the car with them having their guns drawn in light of all that's going on. Also...isn't the issue of the seat belt violation with the DRIVER? Why is the passenger even required to show ID?
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