NJ: Man sues after officers allegedly shot, paralyzed him while he retrieved ice tea from car

What Constitutes Unlawful Detainment?
Unlawful detainment is the act of keeping an individual in police custody or preventing them from leaving without probable cause. While a law enforcement officer is within their rights to keep you at a location to ask you reasonable questions and examine the situation, if the officer does not have probable cause that a person was involved in a crime and did not see that individual commit a crime, the officer is not permitted to detain the person.
https://www.brownfirmpllc.com/what-is-unlawful-detainment/

 

Why did you quote a situation that is not similar to the one being discussed unless you're trying to obfuscate?

 

It’s sad you were a cop who doesn’t understand our rights or the law, but unfortunately it’s not uncommon.

 

Since you haven't read what actually occurred here as previously posted, then you can stop making your inane statements

NOW THE REAL STORY

Police received a call about a suspicious car sitting on the side of the road in a neighborhood. Two cars responded with two officers from the street crime unit and two uniformed police. One car parked behind him and the other beside him. Henderson refused to roll down his window or provide the officers with his ID, insurance, or registration and continued to reach into his glove box and under his seat. After dozens of warnings, the officer broke the glass and Henderson started the car, put it in reverse, and tried to run down the two cops standing behind the vehicle smashing into the police car parked behind him. Officers responded by shooting Henderson.

Henderson was charged with four counts of aggravated assault, resisting arrest, and obstruction.

A Mercer County detective investigating the shooting who watched the footage wrote an affidavit explaining the stop yet none of the media wants to publish it.

 

The police have the authority to investigate that call and detain and question him. Suspicious as possible criminal activity.

HE caused the shooting to occur

"Police received a call about a suspicious car sitting on the side of the road in a neighborhood. Two cars responded with two officers from the street crime unit and two uniformed police. One car parked behind him and the other beside him. Henderson refused to roll down his window or provide the officers with his ID, insurance, or registration and continued to reach into his glove box and under his seat. After dozens of warnings, the officer broke the glass and Henderson started the car, put it in reverse, and tried to run down the two cops standing behind the vehicle smashing into the police car parked behind him. Officers responded by shooting Henderson.

Henderson was charged with four counts of aggravated assault, resisting arrest, and obstruction.

A Mercer County detective investigating the shooting who watched the footage wrote an affidavit explaining the stop yet none of the media wants to publish it."

 

I don’t see any legal reason for him to comply. What crime did they suspect him of to give cause to detain him? Sitting in a car is not illegal. What you posted sounds like he was illegally detained to begin with.

 

Not problem that's yours. Hope you never find yourself in a similar situation believing you can try to run down police officers.

 

It’s all our problem if the police don’t respect our rights. I expect more appreciation of the constitution from conservatives. Honestly kinda surprised that you think cops can make any demands of someone who isn’t breaking the law.

 

The problem started with numerous cops failing to comply with the law themselves from the start. THAT set in motion of them being run over. It's all their fault .While all you do is blaming the victim.

 

Hahahahaha thanks, there’s nothing like a person trying to understand something they clearly don’t, while giving advice. I suggest you pop on over to your local PD and straighten them out.

 

You could not possible have made that any clearer. Nice work.

 

So you think police can detain someone and demand iD without any crime?

 

You have no idea what you’re talking about again.

 

Agree, they broke his window despite not suspecting him of a crime

 

All they have to prove is why they found the situation to bear further investigation. Man, that’s too cute.

 

Nope, they had reasonable suspicion.

Off to the lecture circuit to teach the police how to do their job with you!

 

Wow you think that’s all they need to violate his rights??

 

Of what crime?

 

The police can stop and question you when they have reasonable suspicion and that does not violate your rights. You are protected from UNREASONABEL search and seizure not ALL search and seizure. Stop making such specious statements.

 

They can ask questions and you can decline to answer. Yes not all search and seizure, they can detain, search and demand ID if they suspect you of a crime. Did they suspect him of a crime? I haven’t heard anything to suggest they did.

 

Statement of facts not in evidence.

 

And then they can arrest you and detain you until their reasonable suspicion has been satisfied. And the minute he reached into his glove box and under the seat the reasonable suspicion ramped up dramatically.

So again he gets to run over the police with his car?

 

No clue as to who was right and wrong given such wildly conflicting versions. One side has his car stopped and him just getting in it. The other side has them doing a traffic stop. One side has him reaching for his phone. The other side has him trying to drive away.

 

So what crime was he detained for? Reaching in a glove box is legal. Legal activity can’t be used as reasonable suspicion. So far nobody has said anything illegal he was doing or suspected of to justify detaining him. Even the call wasn’t claiming anything illegal.

 

We can all look up what is unlawful detainment and see that it totally fits what the cops were doing. Actually, it already has been done.