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Thread: Army officer sues Virginia police over violent traffic stop

  1. #1
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    Exclamation Army officer sues Virginia police over violent traffic stop

    So what's the better way to interact from both sides?

    https://www.cbsnews.com/news/caron-n...-traffic-stop/

    Police in the small town of Windsor, Virginia, found themselves in the national spotlight after being hit with a lawsuit from an Army officer, who is Black and Latino, after a traffic stop last December.

    In body camera and cell phone video, Army Second Lieutenant Caron Nazario, still in his uniform, can be seen with his hands visible out of the window of his new car.

    "I've not committed any crime," Nazario said.

    When two Windsor police officers, guns drawn, ordered him to get out, he said, "I'm honestly afraid to get out."

    "Yeah dude, you should be," one officer responds.

    In the video, Nazario repeatedly asks why he was pulled over, and one of the two officers pepper sprays and kicks him. He is then handcuffed while police search his car.

    Nazario asks, "Why am I being treated like this? Why?"

    "Because you're not cooperating," an officer responds.

    Attorney Jonathan Arthur, who is representing Nazario in a lawsuit filed earlier this month against the two officers, said that he was afraid if he took his hands out of view, something bad would happen.

    "To unbuckle his seatbelt, to do anything, any misstep — he was afraid that they were going to kill him," Arthur said.

    The incident report said that Nazario was initially pulled over for not having tags displayed on his SUV, but the temporary dealer plate is visible in the officer's body-camera video.

    Nazario was released without being charged.

    "What prompted him to file is the need to stop this conduct," Arthur said. "The need to hold these two officers accountable and make sure they cannot do it again."

    The Windsor Police Department did not respond to a CBS News request for comment.

    © 2021 CBS Interactive Inc. All Rights Reserved.

  2. #2
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    Quote Originally Posted by Mystery View Post
    So what's the better way to interact from both sides?

    https://www.cbsnews.com/news/caron-n...-traffic-stop/
    The LT is 100% at fault for what happened.

    Force is used based on what suspect do or fail to do.

    LT is driving a vehicle not properly displaying his rear license plate. Which could be a very minor thing or could be a very serious thing (stolen car, plate removed to prevent being ID’ed during a violent crime etc). In my area counterfeit temp / dealer tags are common on stolen vehicles.

    LT drives a mile before finally pulling over.

    LT is asked then told to get out of the vehicle. Based on his repeated refusals to comply with lawful commands he is then made to get out.

  3. #3
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    This story has been making a lot of the local news sites over the weekend. The reports I read were pretty slanted, but they were relying on quotes from the guy's attorney, and he is trying to build a case through the press.

    Here's a longer version of the interaction. I also saw a video from the POV of the first officer while he was driving behind the guy, before he pulled into the gas station, but can't seem to find that now. It's not in this version.


  4. #4
    Revolvers Revolvers 1911s Stephanie B's Avatar
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    Quote Originally Posted by HCM View Post
    The LT is 100% at fault for what happened.

    Force is used based on what suspect do or fail to do.

    LT is driving a vehicle not properly displaying his rear license plate. Which could be a very minor thing or could be a very serious thing (stolen car, plate removed to prevent being ID’ed during a violent crime etc). In my area counterfeit temp / dealer tags are common on stolen vehicles.

    LT drives a mile before finally pulling over.

    LT is asked then told to get out of the vehicle. Based on his repeated refusals to comply with lawful commands he is then made to get out.
    Gee, and here I thought it was reasonable to safely proceed to a well-lit area before pulling over. At least, that's what I have been told before.

    Hands out of the window, how is he supposed to release his seatbelt without being shot by what he probably perceives as a couple of trigger-happy cops?

    My guess: The relevant jurisdiction for that police department should warm up its checkbook.
    If we have to march off into the next world, let us walk there on the bodies of our enemies.

  5. #5
    Quote Originally Posted by Stephanie B View Post
    Gee, and here I thought it was reasonable to safely proceed to a well-lit area before pulling over. At least, that's what I have been told before.
    I’ve heard that advice being given about getting stopped by an unmarked car...this was a fully-marked police car. I always picked out where I wanted people to stop for a reason. Driving a mile before pulling over absolutely raises suspicion.

  6. #6
    Quote Originally Posted by HCM View Post
    The LT is 100% at fault for what happened.

    Force is used based on what suspect do or fail to do.

    LT is driving a vehicle not properly displaying his rear license plate. Which could be a very minor thing or could be a very serious thing (stolen car, plate removed to prevent being ID’ed during a violent crime etc). In my area counterfeit temp / dealer tags are common on stolen vehicles.

    LT drives a mile before finally pulling over.

    LT is asked then told to get out of the vehicle. Based on his repeated refusals to comply with lawful commands he is then made to get out.
    He had a temporary tag in the back window.
    #RESIST

  7. #7
    Modding this sack of shit BehindBlueI's's Avatar
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    Quote Originally Posted by LittleLebowski View Post
    He had a temporary tag in the back window.
    Here, while common practice, that would not be "proper display".

    Quote Originally Posted by Stephanie B View Post
    Gee, and here I thought it was reasonable to safely proceed to a well-lit area before pulling over. At least, that's what I have been told before.
    It may or may not be, circumstances depending, but it is still illegal. It's probably not fleeing, but will likely fall under failure to yield to emergency vehicle. It definitely can influence the tone of the stop afterward, as the slow roll is often stuffing dope/guns or calling buddies or prepping to flee. I freely admit that this may not be fair, but women will get away with it more then men. Women will likely get the benefit of the doubt of "safety concern" as a reason for rolling from male cops at night, at least.
    Sorta around sometimes for some of your shitty mod needs.

  8. #8
    Quote Originally Posted by TC215 View Post
    I’ve heard that advice being given about getting stopped by an unmarked car...this was a fully-marked police car. I always picked out where I wanted people to stop for a reason. Driving a mile before pulling over absolutely raises suspicion.
    Based on the video it looks like the stop happened at night so I don’t know if the LT would have been able to tell the vehicle pulling him over was fully marked. The emergency lights would have likely prevented him from seeing any of the vehicle markings. If he’s like pretty much everyone else and mostly paying attention to the bumper of the car in front of him, he likely wouldn’t have seen the cruiser when it was stopped in the median or shoulder or wherever they had posted up to do traffic enforcement. The first thing the LT likely noticed was the emergency lights in his rear view mirror.

    A vehicle failing to yield for a mile would have definitely sent me to condition red and I would already be planning my felony stop. The suspect vehicle pulling into a well lit gas station would have probably caused me to take the intensity down a notch though. My thinking on this is that in most of the traffic stop shootings I’m familiar with, the suspect would attempt to kill the officer at the initial scene of the stop. I’m not aware of an incident in which the suspect drove to a well lit gas station that would have likely had many witnesses in order to then try to murder the officer.

    In the end, I can see both sides of this one. The LT was pulled over for a valid reason and failed to comply with lawful commands given to him by uniformed law enforcement officers operating a marked police vehicle. The generally leads to a use of force. I can also empathize with the LT wanting to get to the gas station where he would have witnesses to the traffic stop, especially if he had any prior negative interactions with LE. One of the articles I read about this incident included a quote from one of the officers involved regarding the LT driving to the gas station. He had said something to the effect of “people do that all the time.” The article also stated something to the effect of that the officers had told the LT after everything was done that he could let everything go and they wouldn’t charge him but if he wanted to make an issue of this, then they would charge him with eluding and resisting and it would destroy his career. I don’t know how much of that is true because I’ve lost a lot of faith in our mainstream media over the past few years but, if it’s accurate, then Stephanie is right and the municipality needs to get their check book ready.
    My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.

  9. #9
    This didn’t need to happen and that dept is gonna pay, while those officers are gonna be looking for jobs. Yes, mistakes were made on both sides.
    #RESIST

  10. #10
    The R in F.A.R.T RevolverRob's Avatar
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    "Keep your hands out the window"

    And

    "get out if the car now"

    Are conflicting commands

    The LT didn't help himself by asking questions, instead of complying, he's a soldier and should recognize that you follow commands first, ask questions later. If I were his CO, he'd get a dressing down for that particular attitude.

    Still officers here need some remedial training in issuing commands. Not getting stuck in a script loop. AND better coordination in who is giving the commands. Two officers yelling conflicting commands is a good way to end up in trouble...for example...this case.

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