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Dec. 11th, 2009 02:39 pmDear internet:
Before you get your outrage on over that poor SF writer Dr. Peter Watts who got roughed up and detained at the US border (link to boingboing version, link to his own version, no "official" version of events yet), consider that the poor bastard got out of his car during a traffic-stop-style temporary detention, and then failed to comply with orders to get back in the car.
Out here in Philly, if you try to pull that during a traffic stop you might get a verbal warning before they taser you, or you might not, and then you're going to get forcibly restrained. It's still a one-way ticket to getting your car impounded and spending at least night in jail, and there are good odds you'll get a nice set of bruises as well. After that they'll throw as many charges as they think they can make stick to you.
I'm definitely not saying that he had it coming, and it's very possible that the border guards used inappropriate force to detain him. By all means, if you think he got a raw deal, throw some money to his legal defense -- the charges of assaulting a federal officer could very well be completely bogus.
But.
Realize that anyone else that did what he did -- got out of the car, didn't comply when they told him to get back in, and I'm guessing probably behaved in a noncooperative and belligerent manner -- would almost certainly get themselves forcibly detained, locked up and thoroughly and completely investigated, just like he did. If you think that's unjust, fine. Throw your support in his corner, but be aware that (to the best of my knowledge, and IANAL), the level of compliance with an officer's orders required during a Terry stop is fairly settled law.
For me, the real question here is whether or not he was roughed up unnecessarily, and whether or not he fought back unjustifiably, and whether or not he's guilty of criminal assault. Personally, I can't say for sure either way. I just don't know enough.
Before you get your outrage on over that poor SF writer Dr. Peter Watts who got roughed up and detained at the US border (link to boingboing version, link to his own version, no "official" version of events yet), consider that the poor bastard got out of his car during a traffic-stop-style temporary detention, and then failed to comply with orders to get back in the car.
Out here in Philly, if you try to pull that during a traffic stop you might get a verbal warning before they taser you, or you might not, and then you're going to get forcibly restrained. It's still a one-way ticket to getting your car impounded and spending at least night in jail, and there are good odds you'll get a nice set of bruises as well. After that they'll throw as many charges as they think they can make stick to you.
I'm definitely not saying that he had it coming, and it's very possible that the border guards used inappropriate force to detain him. By all means, if you think he got a raw deal, throw some money to his legal defense -- the charges of assaulting a federal officer could very well be completely bogus.
But.
Realize that anyone else that did what he did -- got out of the car, didn't comply when they told him to get back in, and I'm guessing probably behaved in a noncooperative and belligerent manner -- would almost certainly get themselves forcibly detained, locked up and thoroughly and completely investigated, just like he did. If you think that's unjust, fine. Throw your support in his corner, but be aware that (to the best of my knowledge, and IANAL), the level of compliance with an officer's orders required during a Terry stop is fairly settled law.
For me, the real question here is whether or not he was roughed up unnecessarily, and whether or not he fought back unjustifiably, and whether or not he's guilty of criminal assault. Personally, I can't say for sure either way. I just don't know enough.
