Pulling a gun and threatening to shoot a man who is walking down the street minding his own business is "ensuring public safety"? Please, never become a police officer.
You are under no obligation to do everything a police officer says just because he says it.
Chicago: Sure thing, we'll just require you to shoot the gun at a gun range before you're allowed to have it. Oh, and we prohibit gun ranges in the city. Have fun with your rights!
Most states require that a person have an expectation of privacy before recording them becomes illegal. A police officer, in public, with his gun drawn, during his official duties, can hardly be said to have an expectation of privacy. Heck, the cops have dashboard cams of their own, right?
I thought about it, but having your phone audio/video recording constantly seems like a rather large battery drain, unless you're only going to record when you have a plug nearby.
OK. I have been well and soundly spanked by other commenters. Nice work.
It takes a stand up guy to admit something like that on the internetz. I applaud you, sir.
Perhaps running a recorder all the time is an advisable activity in the new police state.
Seems that way. I wonder what they have these days for cheap, long running recorders.
Contempt of cop. Sometimes that's a capital offense.
If his intent was not to set them up for this, exactly WHEN and HOW did he turn on the recorder??????
Does it matter? Bad behavior is excusable if you don't know you're being recorded?
I have had a number of these encounters and never once has it ended poorly. Typically you are asked where the weapon is, then instructed to move to a specific place, then the weapon is secured by the officer, then your permits/license is examined and whatever business is needed is conducted and then you are given the weapon back unloaded and everyone goes on their way.
You realize that this encounter started off with the officer's gun drawn and pointed at him while instructing the guy to get on his knees, right? That's a bit different from a traffic stop where your gun is in the glove box with your registration and you want to make sure there aren't any misunderstandings.
the initial mistake was the citizen.
Clearly, putting his hands up and speaking calmly and respectfully to the officer but questioning the need for him to kneel in the dirt is the same as being "uncooperative" and "confrontational". How dare he deign to question his better? This is America; obey authority without question or pay the price!
trying to antagonize the officers into some form of action by openingly carrying the weapon.
You're saying he knew the police were all ignorant of their own rules?
Even better is the cop's repeated statement in the second video: "You have no right to challenge me!"
Indeed. What did Mark think this was, a free country? How dare he not lick the boots of the officers when ordered!
And the cop repeatedly saying "I don't know you" would maybe indicate that he didn't know him.
Well done, sir.
It is surprising to me that someone with this history could obtain a firearms permit.
A prior guilty plea to drunk and disorderly and a dismissed shoplifting charge should make you ineligible to assert your constitutional rights? Imagine if they could show he had unpaid parking tickets too! The horror!
One of the few I trust, too.
I sometimes wonder if I'd make a good cop, but then I also worry that conventional wisdom regarding politicians applies to police as well: "If you throw a guy in the sewer, don't be surprised when he comes out smelling like ****."
regular citizens
I'm not familiar with that term. Did you mean "serfs" or "lords", maybe?
I also like the claims by police that he "set them up."
Yep, he knew that the police would be completely ignorant of the law and purposefully set himself up to almost get shot by Officer Jackass with a chip on his shoulder. Clearly.
Well, the Fourth Amendment only protects us from unreasonable searches. What's reasonable or not is decided ultimately by the courts, so the courts are the place to look for the answers.
And when the court's answer is "there's no such thing", I don't think they're the one's we should be asking.
Not only did the US supreme court say this week that the police can themselves create the exigent circumstances necessary to enter private property without a warrant, but the Indiana supreme court declared it illegal to resist the entry of law enforcement onto private property, even if that entry is itself unlawful.
Put two an two together, and not only can the police manufacture themselves a de-facto warrant at will, but even if they don't there's nothing you can do about it anyway. Eat it, serf.
Minor Nitpick
Why? The court basically says that it's "against public policy" to require a warrant:
Not technically accurate. Any fruits of an illegal search would still be (in a non-insane world like ours) inadmissible in court.
The decision "only" said that the serfs can't resist during the time period that their rights are being violated, and must submit for their own safety in the face of any expected police brutality that is sure to come. Later, when the threat of being beaten to death by a police officer is no longer present, they can spend their life savings on a lawyer to bring a complaint forward against the officers that will then be heard and decided on by the friends of said police officers.
But technically, officers still require a warrant if they want to use what they find in court. If they just want to keep any loot for themselves through civil forfeiture ("Can you prove that you didn't buy your wife these earrings with drug money? No? Great! Now I don't have to shop for an anniversary present!"), presumably that's okay.