DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
53 comments:
This kid is a thug but the cop seems to be always confrontational. ?
A light on his bicycle, seriously!
Seems the cop was throwing his authority around. Obviously the kid is going to act sketchy. This cop is harassing him. I wouldn't tell that cop anything truthful either.
If you were riding your bike down the street minding your own business and Ofc. Napoleon goose steps out in front of you and starts harassing you what would the rest of you do and what would a 16 year old child do?
call reverand al Salisbury needs a good riot.
Why did the report change from calling him "Mitchell" to "Marshall?" I know he lied about his name but seems inconsistent, unless I'm missing something.
There's the police report, there's the kid's version, and there's the truth. Anyone who believes either the kid or the cop without reservation is a fool.
Note how the "officer" states that at a certain point he was in fear for his life, as the kid is running away from him.
That isn't how my law book reads!
This POS is getting ready to shoot a 16 year old in his mind here.
He WILL be shooting someone soon enough, mark my words!
Check your bike reflectors and lights, kids, or you may be the one he winds up shooting!
"At that time I was in fear for my life" I guess they teach this phrase at the academy now!
13 at pine way isn't even in city limits, it's county!
Seems like the officer violated the kids constitutional rights.
Note that at no time did the officer say he suspected the kid of committing a crime other than not having a light on his bike... is that actually a crime?
From the child's reaction it does not appear that he gave the officer permission to search him either
All this over a bicycle infraction?
How about simply telling the kid what he needs to do to make things right.
This cop seems set on making every situation confrontational.
And 4:01 where is your proof that the kid is a thug? Really? What did he do, other than run from someone that he felt was violating him? Is a kid supposed to know what to do?
So this kid, doing nothing but riding his bike, is assaulted and his rights violated, and he is the thug??
Reading this made me angry and sad. No wonder the kids lied to the cop. He is already in fear of them at the age of 15.
I am white, but from this I can totally understand why blacks hate cops.
Also note, that there is not one shred of evidence that anything was found on the kid, nor that he did anything wrong that would precipitate him being harassed by the cop
Wake the hell up sheeple.
Really Joe? He stopped the kid for two lawful reasons and the kid started to lie. All he had to do was let the cop search him and no one gets hurt. Cops are not going to let a person just walk away because they don't want to tell the truth so they both end up in Rt. 13 fighting. And you and your followers a) want to let him just go. b) call Rev. Al Sharpton and start a race riot. c) slam the cop for doing his job. You so tend to only report your side of any story and can't understand why city and or county leaders don't give you more credit for what you do. sigh.... You just wear me down Joe.
NOT To Mention It's Outside THE City limits!
Why is a 15 year old riding around on his bike in the dark at 10:30pm? Where are the adults in his life and why don't they know where he is?
all you have to do is read the report and know this POS officer is a liar...
Notice how they specifial say certain words and phrases as to help them think they are competent and the like?
Like where he said he made contact with the black male and told him i was a police officer...
Half of the damn report is a copy and paste from any other report except fill in blanks like the name and race and location...
"I attempted to put handcuffs on him to finish my search" WRONG! Ladies & Gentlemen, take good notice what the Officer wrote.
He attempted to place handcuffs on this young man, WHO WAS NOT UNDER ARREST. Placing handcuffs on ANYONE now means you ARE under arrest.
The Officer broke the law. To those of you trying to pass off comments as if you are in the know, any time handcuffs are placed on you in the state of Maryland, you are under attest.
If ANYTHING, this would have been a traffic citation, (no light on the bike).
Because this Officer was so aggressive, he created a situation AGAIN that was absolutely unnecessary. He can write a ticket but he VIOLATED this young mans rights and this will absolutely cost the City.
Now, either go back to the academy or law school because this kid was violated.
Why the f do you think the cops need mine resistant tank for?
Because they are scared of wind, air, and dirt... hell i bet they scare themselves too...
When a cop pulls me over, I will be immediately "in fear for my life".
Is that what you police want at every traffic stop? A shootout?
Is that what you're gaming for?
You used to be Peace Officers, "Hey, kid, don't you know that riding around in a busy highway with earplugs in and no lights could be dangerous to you? I'd hate to see you get hit by a car whose driver just plain couldn't see you, and one you never heard coming.
Get a light on that thing, and lose the earplugs so I don't have to come here some night and pick up what's left after the truck went by.
Safety first, bub! Next time I see you riding at night, I'll need to see some lights on that bike.
Now, get on home and get that fixed tomorrow!
Have a good evening, son!
Of course, that may spark that 16 year old into mad racial hatred of the entire White Race, but I kind of want to think it will actually work the opposite way.
After all, when might he have last heard from someone else that he is concerned for his health and safety, and look forward to seeing him have a happy, prosperous life?
Would that allow you to respect even just this ONE police officer?
It would me.
Unfortunately, now Mr. Mitchell/ Marshall has had it proven beyond a reasonable doubt that when confronted by a White police officer, the outcome is nearly 100% going to be bad at best, and very bad after that, so run.
5:37, Great comment.
We all know Jim Ireton reads this Blog so here goes Jimmy.
IT AIN'T OVER YET!
Tens of thousands of people read the first article on this Officer and have now come forward, as we requested.
Barbara Duncan could have suspended the Officer and placed him on administrative leave, she did not.
As more victims come forward, the worse it's going to get. MORE TO COME
Joe, I get emails every day with one or more law enforcement officers being killed in the line of duty. Often it is because they give a criminal the benefit of doubt. It cost them their lives. I can't believe all of the people who think that lying to a police officer is okay. And, if I was fighting someone in the middle of RT 13, I would begin to "fear fro my life" as well.
Just a heads up Joe, being handcuffed has never meant you are under arrest. Handcuffs are used for the officers safety when dealing with a combatant subject such as this juvenile. Until the officer states you are under arrest you are simply being detained, handcuffs or not.
This post has me pissed , you are certainly entitled to your opinion Mr. Albero ,were you there ?
Evidently not , when you cuff an individual , sometimes it's for the safety of the officer.
I believe the officer was completely justified in his actions. Scarred for life is a little overboard , Oh ,I see , you want Salisbury to be the next Ferguson , well you just may get your wish.
Putting cuffs on a person can mean that they are being detained during an investigation. It can well happen if you drive around with expired tags.
You can be detained when an officer has reasonable suspicion that a crime has occurred. The standard for being detained is that you cannot leave for a "short period of time," so the officer can gather evidence against you. Maybe up to an hour? In this instance, it was not having a light on a bike at night, wearing headphones, and the birth date was a dead giveaway that he was providing the cop with false information.
While detained, you can be patted down. A nice cop will tell you that they want to cuff you, but explain the difference vs. an arrest. But they are not required to be nice. This is why people are asking the police at checkpoints if they are being detained or if they are free to go. Detainment requires the officer to stop fishing for something at a random stop and articulate probable cause. This is essentially setting up the officer for a showdown in court where every matter from that moment on is held to a higher standard because the stop can't be called voluntary any longer.
Did the kid challenge the cop to search him? It's very likely. Adults carrying drugs and weapons lose on that bluff all the time. He also could have been lied to and tricked into agreeing to a search without realizing it. Cops don't have to be truthful, or even protect you. But regardless, he was being detained without realizing it, and could have been patted down, anyway.
The kid shouldn't have lied. That's almost always a bigger crime than the crime itself. At that point, the officer probably decided to elevate the situation to an arrest.
The kid also shouldn't have run away. Granted, the cop was stupid if he told the kid to lay down on a highway. The kid also shouldn't have fought with the cop.
@4:48 - The "Fear for my life" line is the get out of jail free card for cops. It's used in every controversial police action, well codified in court decisions, and undoubtedly in every police training given in the past few years. Once you fear for your life, you're no longer expected to act professionally. That chihuahua that didn't obey your order can be shot to dispose of the threat.
Ironically, police officers aren't in the top 10 deadliest professions any more. The garbage man is more likely to die on the job, and nobody cries for him, do they? There is going to be a legal minefield when the cops do a no knock raid and the homeowner uses their legal weapons to kill a cop because they fear for their life. At that point, the courts will have to explain that the people have a lot less rights and legal protections than they thought.
6:00, Better check the law again and I hope you are not a police officer.
The lie is meaningless. HE WAS UNDER NO OBLIGATION TO EVEN ANSWER THE COP.
He didn't have to tell the cop ANYTHING unless he was under suspicion of committing a crime.
The cop used his age and lack of understanding of the law against him.
My first question is how did this officer know the name he gave unless he had already had dealings with him. That would explain the childs fear of this officer. And I agree that the proper thing to do would be to expplain the law to the child and tell him needs to walk the bike or have someone pick him up! And last time I checked there is no curfew nor any law which forbids people from traveling on any public road at any time they chose!
553, the only gun involved in the "fight on Rt. 13 is the one in the "officer's" holster, and yes, when in a wrestling match with 2 people, the first one to grab the gun id the "owner".
But, step back and think; who initiated the "fight", or as I would call it, the "attack"?
The kid who just was running away, or the "officer" who chased and tackled him in the stupidest of places, in the middle of Rt. 13??????
If you don't want your service weapon to be in danger of being used on you, then keep your distance. If the crook runs away, well, he ran away. Wait for him to come back to retrieve his bike, which so unlawfully didn't have a headlight that deadly force was an absolutely possible deadly force situation??????
537
I agree with Mr. Albero completely on this one. The cop didn't need to escalate the situation, but it seems that he did. He could have told the kid to get home and be safe. Have a nice night and look into getting the light fixed. I'm not seeing black/white here just a cop with an aggressive attitude.
So a few things. I am confused how some of you are arguing jurisdiction. If someone is breaking the law I.e breaking into your house or beating up on your family in the presence of a police officer Reguardless of his jurisdiction just supposed to look the other way if he is not in his?
While this may be a minor infraction for what the officer stopped him for, it's still an infraction. Laws are laws.
As far as the field interview... The subject gave wrong information and the officer knows it. This gives probable cause with making a faulse statement to a police officer. Again another law broken. But hey it's not hurting anyone right? It could. What if he is wanted for a major crime. Hey it doesn't matter right. The kid can't do the math and gave incorrect information to give reasonable doubt to the officer. What does he have to hide to give false information?
Under Maryland code an officer can detain you to conduct an investigation, which has been covered by other comments. Under the same code the officer can place you in handcuffs for his protection. If an individual has lied to cover up for an extremely minor infraction and appears to be jumpy. Wouldn't you hand cuff the subject to protect you? Guess some off you wouldn't. You would prefer to get your face stomped in or shot. An officer has to identify if your under arrest or detained. If you run from an officer, they are going to chase. If you have nothing to hide, you don't lie and you don't run and resiset an ignore commands of a police officer. Which under Maryland law is 2 more charges.
All this information is available. Simply go to Google and look it up for yourselves. But let's face it. People are to lazy to find out all the fact before the shoot off the cuff with false information. It makes for better ratings.
To be clear I'm not defending the officer on this. I was not there and neither was anyone else in this blog. So it's a very on sided battle here. I just wanted to be clear on the facts based upon what is stated in the report and blog.
649, If I ever stopped a minor riding a bike with earplugs on, I would be cautious, but friendly. I would also start with an authoritative, but friendly and caring approach, but never let my defensive guard down.
If I noticed excessive clothing in an 85 degree evening, I would be suspect, but that was not present, nor was any other factor present documented.
Nothing in the report suggests anything beyond riding a bike on 13 without a light and wearing earplugs.
This is not an "In fear for my life" crime, before, during, or after contact.
This guy is out to be a shooter, period.
537
P.S., If there's any doubt, Pine Way is 100% inside city limits.
It's just 2 blocks back behind the Pohanka Dealership. County starts at the Naylor Mill/ Zion Rd light.
537
Why did the officer have to cuff him to finish the search if it was as the officer claims "a consensual" search???
The high amount of bike thefts in Salisbury is what probably caused the officer to stop the kid. These kids have no respect for police and will stop at nothing to get away. Even if they're caught they get away with it because of their age. If the kid had been honest and obeyed the officers commands there would be no story to report. As for the adult its the same story. They'll do anything to get their kids free so they can strike again. A lawless entitled society is what we're dealing with here. The kid should suck it up and be glad the officer didn't shoot him. Take responsibility for your kids and their actions. End of story.
I would not have even exited my patrol car.I would have rolled my window down,got his attention and then simply told him of any necessary repairs he needed to address.He was just a kid on a bike for pete sake.
You people don't even know where you live. The city limits extends to Dagsboro Rd. to the north and almost to rt.513 in the south. I am embarrassed for some of you.
While 13/pine way is in Salisbury, it's not in corporate limits, that's why sheriffs office responds to incidents at the dealerships. White signs is county, green signs are city
Way to prove you're an idiot. There are many areas in Salisbury that are not in city limits, schools, civic center, mobile home park by mall, car dealerships...
The mall, Pine way neighborhood to past Beaglin Park ti Sam Day's house is City, ask Sam. He's right over the bypass bridge at Zion and Naylor extended, road behind the mall, where all the apartments at Runaway Bay and the Mall and VP shoes and Mill pond are all in City limits.
Get an education at your local city website, idiots.
Joe
What do you have against this officer?
9:49, REALLY? You don't see the pattern here?
So, if there was ever a thought that the bicycle was stolen, no attempt was made, even after the "arrest" to trace a serial number, according to police records.
I'm still trying to think of a "cause" for an attack on the part of the "officer"
Joe it seems as tho his field training records should be pulled!!!! And his field trainer should be questioned because honestly if he is this new his field trainer is still held responsible!!!
what pattern?
yes, not having a light is a violation of the transportation article, making it a crime. Having both ears covered by earphones/buds is a crime too. Also when driving a car. Salisbury has had numerous bike thefts where people ride a bike they pick up in someones yard until they see police or get close to their destination. A ride share if you will, only the owners of the stolen bike usually weren't consulted. This is also a crime. Now, the yute has to be identified. If the LEO thinks he's being untruthful, the individual can be be detained until his or her identity is confirmed. So, you have a cop seeing PC to contact a youth (likely he knew he was a kid, but maybe not 14). The kid was evasive in answers and showed his ass, which was eventually handed to him. Because of his age, he can't be issued a traffic citation, it has to be done on a Dept of Justice request for juvenile charges. Now instead of everyone crying foul, how about we start teaching our kids that thug mentality, fighting, resisting, and obstruction, will NOT be tolerated. Yes, the police have to be held accountable if their actions are excessive. But, from what I have seen in the photos are simply not the case.
Anonymous said...
Joe, I get emails every day with one or more law enforcement officers being killed in the line of duty.
Really one or more officers killed everyday in the U.S. I don't think so.
Anonymous Anonymous said...
Way to prove you're an idiot. There are many areas in Salisbury that are not in city limits, schools, civic center, mobile home park by mall, car dealerships...
September 8, 2014 at 9:15 PM
Yes, you are one of those I am embarrassed for. Go look at a map.
Appears to be the same Salisbury City Police officer involved in the SU incident & Monkey Barrel. Enough said.
Am I the only one that caught onto the officer referring to the child as two different names? Mitchell, then Marshall?
mix steroids and fear and you get what we got here and what we got here, is failure to comunicate.
Based upon that report no judgement will ever be entered against either the city, the PD or the officer in this case. Haven't read anything about the SU tunnel case, though.
Ok......here's the deal. The officer stopped the operator of the bicycle for two traffic violations. As the officer inquired into the identity of the operator, the operator provided inconsistent/conflicting information. For the person who stated that the operator doesn't have to provide the officer with any information - WRONG. Anyone detained/stopped for a traffic violation must provide information about identity. The option is to be arrested and taken before a commissioner who will again try to get information from you pertaining to your identity.The body language of the operator was very well articulated by the officer as it relates to the operator looking around looking for an escape path. I've seen it a hundred times.....how many times have you all?
I don't care who thinks they know what,, hundcuffing doesn't equate to an arrest. A touch and the words "you are under arrest" equate to an arrest. Handcuffs are used to detain people everyday in order to prevent an assault to an officer or the destruction of evidence. The operator in this case is unpredictable and deceptive, and, with only one officer on the scene, handcuffing was an entirely acceptable course of action. The operator then fled.....big mistake on his part. It's called fleeing and eluding on foot.....arrestable, must appear offense. As the operator continues to resist. There is no way to know whats going to happen when two people fight. The death of, or serious bodily injury to, one combatant often occurs when people fight. Now let's throw the lady into the mix. She grabs the officer and that's an assault 2nd and obstructing and hindering. But now you have two people fighting one officer. The possibility of him being beaten by these two people and his weapon taken have just increased exponentially. If his weapon is taken it would likely be used against him. It happens all the time. The law enforcement memorial is riddled with names of police officers who were killled when overpowered and their weapons taken from them.
This officer was doing his job. The operator of the bicycle escalated this incident by giving a false name and then trying to run. The officer in this case is proactive. He chooses not to close his eyes and let minor traffic violations slide. The law is on the books so he enforces it. If you don't like the law, have it removed from the books by following the proper process.
I am amazed at the mentality of some of the commentors here. I am a big supporter of the Bill of Rights - specifically the 1st, 2nd, and 4th amendments. I am also an opponent of the misconduct of the government and it's representatives - including the police. There is nothing that indicates that this officer did anything wrong yet you climb all over him like a pack of jackals with no more knowledge of the law than the man on the moon. You all more closely resemble an angry mob carrying pitchforks and torches demanding the hanging of someone without due process. These officers can't win. If they have to shoot someone to save someone else the crowd asks "Why didn't you just shoot him in the leg?" If they don't shoot the crowd yells "You should have shot him!!" If he fights and wins he's abusive....if he doesn't fight or win he's a coward or a loser. If he does his job he's an oppressive jack booted thug and if he doesn't do his job he's negligent.
The biggest problem is that politicians will throw this officer under the bus in order to appease the angry mob. Keep it up and the officers will do just what you want them to do - nothing. But it's whatever.
Wearing headphones against the law – because you might not be able to hear the traffic – I guess it is against the law to ride a bike is you are deaf.
TRANSPORTATION
TITLE 21. VEHICLE LAWS -- RULES OF THE ROAD
SUBTITLE 12. OPERATION OF BICYCLES AND PLAY VEHICLES
Md. TRANSPORTATION Code Ann. § 21-1210 (2014)
§ 21-1210. Wearing earplugs, headsets, etc., prohibited
(a) Wearing headset coverings. -- A person may not operate a bicycle, an EPAMD, or a motor scooter on any highway, or on any roadway, while the person is wearing any headset covering both ears.
(b) Earplugs. -- A person may not operate a bicycle, an EPAMD, or a motor scooter on any highway, or on any roadway, while the person is wearing any earplugs in both ears.
(c) Exceptions. -- The provisions of this section do not apply to:
(1) Any person wearing personal hearing protectors in the form of custom earplugs or molds that are designed to attenuate injurious noise levels, if the custom plugs or molds are designed in such a manner as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another vehicle;
(2) Any person wearing a prosthetic device used to aid the hard of hearing; or
(3) Any person operating a bicycle on a public bicycle pathway expressly authorized for the use of persons operating bicycles.
Funny how everyone is willing to bend over backwards to defend someone who is breaking the law...you reap what you sow. That's the "bury" for ya! Little dude broke the law, lied, and tried to get his ghetto family members to "fight for him". Thank you, SPD.
To all of you who suggest that you would have simply rolled your window and told the kid to get a light, that isn't how things work in the real world. There are protocols to follow. Any time an officer (yes, I am one) stops a citizen it must be documented, to include name, date of birth, location, etc. Also, to the person who said that a juvenile can't be given a traffic citation, you are also partially wrong. A juvenile can't be given a "Must Appear" citation. Payable citations can be issued.
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