Police officer threw me down for no reason!!

[dh4life]

A friend and I were recently coming back from out of town and was pulled over by a cop. My friend was driving and his license was okay. When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car. I complied as he asked. I also was trying to talk my way out of getting arrested but that wasn't happening. The cop started yelling at me threw me on the hood of his cop car then threw me on the ground and handcuffed me. I feel as though the physical part wasn't necessary plus he messed up my clothes What can I do about this especially when I know that I didn't deserve to be treated like that?

 

[Silverplum]

A friend and I were recently coming back from out of town and was pulled over by a cop. My friend was driving and his license was okay. When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car. I complied as he asked. I also was trying to talk my way out of getting arrested but that wasn't happening. The cop started yelling at me threw me on the hood of his cop car then threw me on the ground and handcuffed me. I feel as though the physical part wasn't necessary plus he messed up my clothes What can I do about this especially when I know that I didn't deserve to be treated like that?

You didn't give the name of your US state.

 

[Antigone*]

A friend and I were recently coming back from out of town and was pulled over by a cop. My friend was driving and his license was okay. When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car. I complied as he asked. I also was trying to talk my way out of getting arrested but that wasn't happening. The cop started yelling at me threw me on the hood of his cop car then threw me on the ground and handcuffed me. I feel as though the physical part wasn't necessary plus he messed up my clothes What can I do about this especially when I know that I didn't deserve to be treated like that?

You deserved to get your clothes messud up.

 

[Zigner]

A friend and I were recently coming back from out of town and was pulled over by a cop. My friend was driving and his license was okay. When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car. I complied as he asked. I also was trying to talk my way out of getting arrested but that wasn't happening. The cop started yelling at me threw me on the hood of his cop car then threw me on the ground and handcuffed me. I feel as though the physical part wasn't necessary plus he messed up my clothes What can I do about this especially when I know that I didn't deserve to be treated like that?

Arguing with the officer on the side of the road while he is attempting to effect an arrest is never a good idea.

 

[Mass_Shyster]

You can sue the officer for violating your civil rights by using unnecessary force.

Unfortunately, without any permanent injuries, your likelihood of success is small.

 

[Zigner]

You can sue the officer for violating your civil rights by using unnecessary force.

What "unnecessary force?" The OP was being argumentative and was not complying with lawful orders. The officer used an appropriate level of force to deescalate the situation in a way that didn't result in ANYBODY being injured. But, even if the OP had received some sort of injury, it's on him.

 

[CdwJava]

When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car. I complied as he asked. I also was trying to talk my way out of getting arrested but that wasn't happening.

Of course not ... a warrant is a judge's command to take you into custody. It's not generally a discretionary item unless there are practical and legal reasons not to.

The cop started yelling at me threw me on the hood of his cop car then threw me on the ground and handcuffed me. I feel as though the physical part wasn't necessary plus he messed up my clothes What can I do about this especially when I know that I didn't deserve to be treated like that?

Apparently the officer felt that your "talk" was a tad more than that. Understand that the officer does not have to debate you about the issue and even the slightest bit of resistance or turning away can justify a physical response from the officer. You do NOT have a right to pull away, turn away, or in any way try and prevent his actions, resist him, obstruct or delay the officer. In fact, such actions can lead to greater physical resistance hence the reason an officer may react swiftly and definitively to subdue a person that resists. The law allows for reasonable force to overcome resistance and affect an arrest.

If you were completely compliant and were slammed on the hood of the car and had your clothes rumpled for absolutely no reason, I would agree that this was unnecessary and go as far as to way the officer should at least be fired. However, I seriously doubt that is the case.

If you feel unnecessary force was used, you can make a complaint with the agency. If you were injured, you can consult an attorney, make a claim for compensation, and when it is denied you can pay the attorney thousands of dollars to try and sue the department and the officer.

Unless the act was egregious, I doubt this will be much more than a personnel matter should you make the complaint.

What state did this happen in?

 

[Proseguru]

Sounds like he arrested you. That's what happens during an arrest sometimes.

Its not like you are blind and he tased you (which has happened & not even for an arrest).

 

[Mass_Shyster]

How do you turn this:

I complied as he asked.

Into this?

The OP .... was not complying with lawful orders.

You may want to take a look at the First Amendment. You're not supposed to be arrested (or assaulted) for speaking.

 

[justalayman]

How do you turn this:



Into this?



You may want to take a look at the First Amendment. You're not supposed to be arrested (or assaulted) for speaking.

steve, be realistic.

When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car. I complied as he asked. I also was trying to talk my way out of getting arrested but that wasn't happening. The cop started yelling at me threw me on the hood of his cop car then threw me on the ground and handcuffed me.

the cop was attempting to make the arrest. OP was trying to talk his way out of it (read this as; I am not cooperating and allowing the officer to arrest me i.e. resisting arrest). Cop did what it took to make the arrest.


there is no "talking your way out of it" if the cop intends on making the arrest. You either comply with the demands to put your hands behind your back and be cuffed or the cop is going to make you put your hands behind your back and be cuffed and that is exactly what it sounds like happened.

You seem to have ignored the part where the op stated:

When the police officer checked my status and I had a couple of warrants for unpaid tickets he asked me to get out of the car.

OP was not arrested for talking. He was arrested because he had active warrants.

 

[Mass_Shyster]

OP was trying to talk his way out of it (read this as; I am not cooperating and allowing the officer to arrest me i.e. resisting arrest).

If you're going to make up your own set of facts, at least make them entertaining. How about "OP was trying to talk his way out of it (read this as; OP pulled out a gun and shot the cop seven times, but the officer called for backup and a swat team took out the suspect)"?

If you can provide a case where someone was properly convicted of resisting arrest by trying to talk his way out of arrest, please do so.

Let me guess, you won't. What a shocker.

 

[CdwJava]

You're not supposed to be arrested (or assaulted) for speaking.

Actually, he was being arrested for outstanding warrants. The question is not whether an arrest should have happened, but whether unreasonable force was used to overcome any resistance.

Having witnessed people stating the same thing, "I complied," when they were actually twisting and turning as they tried to talk while resisting, I am a wee bit cynical on the whole admission to compliance.

As I said, if he was thumped for no reason, bad things oughta happen to the officer. I suspect, however, that the officer's account will be a tad different.

 

[tranquility]

In what seems an amazing coincidence to the facts here, see:
Bus Confrontation Caught on Video in Bellflower | NBC Los Angeles
(another link-not the originator)
Caught On Phone: L.A. Cops Punches Special Needs Girl | Digg Topnews

Arguendo, the woman had a warrant out (I have no idea if true.), was there excessive force here or no?

 

[justalayman]

If you're going to make up your own set of facts, at least make them entertaining. How about "OP was trying to talk his way out of it (read this as; OP pulled out a gun and shot the cop seven times, but the officer called for backup and a swat team took out the suspect)"?

If you can provide a case where someone was properly convicted of resisting arrest by trying to talk his way out of arrest, please do so.

Let me guess, you won't. What a shocker.

having seen this too many times, it often goes like this:

cop says: turn around

bad guy doesn't and wants to talk to the cop

cop: turn around, hands behind your back

bad guy: but but but

cop: then I'll help you

after which he does what is necessary to make the arrest, including pushing him against the car and onto the ground if necessary.


For some reason, you seem to think the cop has to stand there and discuss the situation with the guy. He doesn't. It really is that simple.

and realize it takes very little to be charged with resisting arrest. Any lack of compliance with the officers demands can be considered resisting.

 

[justalayman]

In what seems an amazing coincidence to the facts here, see:
Bus Confrontation Caught on Video in Bellflower | NBC Los Angeles
(another link-not the originator)
Caught On Phone: L.A. Cops Punches Special Needs Girl | Digg Topnews

Arguendo, the woman had a warrant out (I have no idea if true.), was there excessive force here or no?

no question that was excessive force, in my mind anyway. I would like to hear the officers explanation but I simply cannot fathom a justifiable reason for the punch to the face.