Black Men

Former Police officer says that cop was in the wrong in Prof. Ersula Ore arrest

asu-ersula-oreFrom Dr Boyce Watkins
The arrest of Professor Ersula Ore at Arizona State University has led to a national controversy over police brutality and racial profiling.  Professor Ore was crossing the street when she was stopped by an officer. This led to a series of exchanges and unfortunate events which ended with Dr. Ore being tossed to the ground and leaving her bottom exposed from under her dress.
I received this email from Ken Williams, a former police officer who also does expert witness testimony in wrongful deαth lawsuits.  Here is what he said about the case of Dr. Ore:

Dr. Watkins,

I took a moment to look over what your Expert has offered as an opinion in the ASU arrest.

Here’s the problem as I see it from a law enforcement perspective and Expert in the field now doing civil litigation work.

The enforcement of laws in this case centers around breaking down what areas police can legally enforce.

1)The ASU professor is walking and not driving. A driver can be compelled to produce id after a valid car stop or under community caretaker doctrine. But this isn’t a car stop so it doesn’t apply;

2)She’s walking so we turn to Terry; a crime has to be articulated under Terry as the basis for the intrusion and seizure. In this particular case no crime occurred and absent a crime under Terry a citizen cannot be forced to produce ID. No crime so this wasn’t a Terry stop;

3)Walking in the middle of the street is a non criminal citation. Cop based on this reasoning is wrong because the citizen at is not driving and to issue a citation doesn’t require producing ID. In fact the ASU professor verbally identified herself as a college professor at ASU;

4)AZ law — refusing to give a true full name (ARS 13-2412A) is only a crime in Arizona IF the officer suspects the person was involved in a criminal offense, not a civil offense. Otherwise police have no power to compel a person to give their name and never have the power to compel producing ID unless they are driving. “It is unlawful for a person, after being advised that the person’s refusal to answer is unlawful, to fail or refuse to state the person’s true full name on request of a peace officer who has lawfully detained the person based on reasonable suspicion that the person has committed, is committing or is about to commit a crime.” Again, no crime… no Terry … bad police arrest;

5)The professor needs a better attorney because verbally she identified herself to the cop and under a non criminal scenario that means she was compliant with AZ law.

 

Thanks,

Ken Williams

http://www.kwillservices.com/

 

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