If you set out to take Vienna, Napoleon advised, take Vienna. At the University of California, Davis police pepper sprayed protestors who were demonstrating in solidarity with the Occupy movement.
Chief Spicuzza was on firm legal ground and many law enforcement professionals support her decision. Charles J. Kelly, a former Baltimore Police Department lieutenant who wrote the department's use of force guidelines, said pepper spray is a "compliance tool" that can be used on subjects who do not resist, and is preferable to simply lifting protesters. Lying about the circumstance undercuts the Chief's case as badly as her retreat.
"What I'm looking at is fairly standard police procedure," Kelly said
Probably Chief Spicuzza should resign and turn the job over to someone who is competent and truthful.
I worked for 12 years extensively in security, specifically in crowd control. This is completely unnecessary. I have seen much more out of control situations de-escalated by a much smaller force. Officers could easily have stepped over the protestors. Or they could easily have asked to exit. They did neither.
ReplyDeleteRemember, the protestors are well within their rights to gather for political speech anywhere that the public is normally welcome. For students, that also means campus:
"Congress shall make no law [...] abridging [...] the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
That's the US Constitution, son.
Reasonable Force: Only that amount of force that is reasonably necessary under the circumstances may be used to effect an arrest, prevent escape, or overcome resistance. (Headwaters Forest Defense v. County of Humboldt (9th Cir. 2002) 276 F.3rd 1125.)
ReplyDeleteThis landmark case states that the use of pepper spray against an unarmed and peaceful protester is illegal and can be prosecuted.
Lt. John Pike III will be enjoying his time in hearings and trials. Go forth and have fun big boy.