Jaeziano said:
And I thought the word assault was combined with it so represent a verbal attack that involves threathening to injure or inflict fear of injury.
Nope.
To be more clear and concise...say an officer hits him in the face with an open palm. Not a slap, not a closed fist, but not a weak blow either. A hard blow to the side of the face that knocks him a feet onto the hood of the police car. Followed by a rough double teamed handcuffing, and then throwing him face down into the ground leaving him nothing to break his fall but his chest.
It might be improper, or it might be perfectly justified. It depends on the totality of the circumstances.
True it would be just audio, and you wouldn't see what happened, but you can tell the amount of force which is used from the sounds that are clearly heard when contact occurs between my friend and the car, him and the ground, and the stress in the voices of him and the officers. The microphone is of very good quality and the actions took place only feet away.
And if such a recording is unlawful in your state, you could be arrested for the recording, and the recording may not be admitted. However, even if it is, an audio recording is not going to be good, solid evidence of the assault. From what you write, the officer's statement contradicts what you claim you saw, to the tape would not prove anything but what was said.
If your friend wants to sue, he should consult an attorney. If he wants to complain, then he needs to go to the officer's agency and make a personnel complaint.
**are threats of this magnitude enough to convict an officer of misconduct? especially when no theats or even insults are made towards them?
That's unknown. Many things can be said that aren't meant. It may be a policy violation that will involve nothing more than a verbal reprimand. On the other hand, if the officer has a string of problems, he might be subject to more severe discipline or termination.
If during the whole time, the police do not inform you of why you were being stopped, is that illegal?
Not likely. Your un-named state might have a law requiring such notification on a detention, but I am not familiar with any state that has such a rule.
someone told me i could refuse to provide ID in this situation and refuse to answer any questions asked. is this true?
Depends on your un-named state's laws. In my state of CA a person who is only detained need not present any proof of identification should he or she not wish to ... however, should the contact then result into an offense permitting a citation or arrest, then they would have to present ID.
if these situations are not enough to convict police of misconduct, then all i want to know is...
Proof. Saying it happened, and claiming that an audio tape demonstrates something other than what is heard does not make it proof. It might be. It might not be. Your friend needs to report the allegation to the agency. And, if he has the money, he can speak to an attorney if he wants to consider a lawsuit. However, without injury or damage, a lawsuit will likely be more expensive than it is worth.
if these situations are exactly as i have explained, would the audio recording at least be enough to find my friend innocent in court to the charge of disorderly conduct? also, the recording contradicts what was said in the police report. isn't it illegal for cops to lie and obstruct justice?
Without knowing what is in the report, there is no way to determine what might happen. Plus, as I said, the recording might not even be permitted. And before you risk liability for what MIGHT be a criminal offense for surreptitiously making the audio recording, you might consider consulting an attorney yourself.
- Carl