IN police shatter car window, extract passenger after alleged seatbelt violation

[rambone]

HAMMOND, IN — After witnessing a motorist allegedly not wearing a seatbelt, police escalated a violent confrontation to the point of shattering a window to extract a passenger when he claimed not to have an ID.

“Oh my God, he’s pulling me over like I robbed a bank,” recalled Lisa Mahone, the driver and alleged seatbelt violator. “The whole situation was just crazy.”

Police drew their guns on the guy when he looked for his ID in his backpack. The passenger expressed reluctance to get out of the vehicle due to the officers’ aggressiveness and mentioned that “People are getting shot by the police.”

After being asked repeatedly for a supervisor, the officer responded: “Look at my shoulder, dumbass. I got bars.”

“You’re going to come out of the car one way or another,” the officer menaced. “You want your kids to see you come out through the window?”

That's when the window was shattered and the electric punishment began. The children were showered with shards of broken glass.

Hammond family claims police overstepped their authority during - FOX 32 News Chicago

 

[96firephoenix]

HAMMOND, IN

Found the problem.

Also, Irony alert: the lawyer representing the victims, Dana Kurtz - wearing an unproffessionally short skirt. Kurtz in German means "short"

 

[Ruffnek]

Actually Kurz means short,no "t".But good catch.

 

[7urtle]

if there was no supposed seat belt violation. can the police arrest you for no id as a passenger?

 

[AA&E]

if there was no supposed seat belt violation. can the police arrest you for no id as a passenger?

If you aren't driving are you even required to have any form of ID on you? My wife often doesn't bring her purse when we go places because I drive and pay for things...

This nation becomes more police state every single day. And while there are small pockets of people here and there that recognize it, and are willing to stand up for themselves when they are inappropriately singled out, largely I suspect the situation will never improve.

Regardless, this isn't a crime. I don't care what the law says. I am a grown. I don't need some 'authority' figure telling me what to do... disgusting behavior by the officer. Hopefully he finds himself on the receiving end of being victimized somewhere down the road so he can fully grasp what it feels like.

 

[KellyinAvon]

Good thing it's Indiana, in SC this will get you shot.

 

[7urtle]

If you aren't driving are you even required to have any form of ID on you? My wife often doesn't bring her purse when we go places because I drive and pay for things...

This nation becomes more police state every single day. And while there are small pockets of people here and there that recognize it, and are willing to stand up for themselves when they are inappropriately singled out, largely I suspect the situation will never improve.

Regardless, this isn't a crime. I don't care what the law says. I am a grown. I don't need some 'authority' figure telling me what to do... disgusting behavior by the officer. Hopefully he finds himself on the receiving end of being victimized somewhere down the road so he can fully grasp what it feels like.

i was having this convo a few weeks ago. only thing i found was a police forum saying majority would arrest who ever didnt identify themselves

 

[rob63]

"One of the officers involved in the confrontation has been involved in two prior excessive force lawsuits, with the City of Hammond making payouts to settle both cases."

Looks like he will soon be 3 for 3.

 

[steveh_131]

I'm glad to see that these officers cared enough about the physical safety of this family to shatter their window, rain glass upon the children, and electrocute a man.

The compassion is undeniable.

 

[GodFearinGunTotin]

Write your legislators and demand Indiana's seatbelt laws be repealed. No need for kids to be sprayed with shattered glass because somebody in the car isn't wearing a seatbelt.

She went to file a complaint first and then went to go see her dying mother?

 

[steveh_131]

Write your legislators and demand Indiana's seatbelt laws be repealed. No need for kids to be sprayed with shattered glass because somebody in the car isn't wearing a seatbelt.

Well sure, the legislators share the blame.

But I can also blame the thugs who did it.

 

[eldirector]

I could have sworn seatbelt issues where not cause for a stop. This looks like I am wrong? Did that change?

 

[CathyInBlue]

In the context of a traffic stop for a vehicular violation, the Good Faith Belief statute provides for detention of a person who, in the “good faith” belief of the officer, “has committed an infraction or ordinance violation.” Ind. Code § 34-28-5-3. The Refusal to Identify Self statute then criminalizes the refusal to comply with an officer’s lawful request under the statute authorizing detention. In this instance, although Starr was “stopped” when the vehicle in which he was a passenger was “stopped,” there is no showing that Starr was stopped as a consequence of any conduct on his part. There was no reasonable suspicion that he had committed an infraction or ordinance violation, giving rise to an obligation to identify himself upon threat of criminal prosecution.

Accordingly, Starr did not fall within the purview of the Refusal to Identify Self statute. His conviction must be reversed.

"The Hammond police officers were at all times acting in the interest of officer safety and in accordance with Indiana law... In general, police officers who make legal traffic stops are allowed to ask passengers inside of a stopped vehicle for identification and to request that they exit a stopped vehicle for the officer's safety without a requirement of reasonable suspicion."

While strictly true, they are not allowed to coerce the production of identifying information, nor are they allowed to exercise excessive force in removing a person from the vehicle. Making the removal from the vehicle ostensibly predicated on the lawful refusal to ID self of a vehicular passenger would seem to me to immediately jump any such removal of the passenger which involved any level of force from the LEOs into the excessive realm. Refusal to consent where consent is clearly not coercible under the law (Starr) cannot be allowed to be used to escalate a LEO's use of force.

Without RAS of an infraction or ordinance violation or RABCOS, any LEO's demand for ID may be freely rebuffed without threat of further adverse action.

 

[GodFearinGunTotin]

Well sure, the legislators share the blame.

But I can also blame the thugs who did it.

Repealing this law will give one less excuse for officers to pull over people and then, for their safety, spray backseat passengers with broken glass.

 

[GodFearinGunTotin]

I could have sworn seatbelt issues where not cause for a stop. This looks like I am wrong? Did that change?

Yep. It was originally passed under that guise but a year or 2 later they changed it.

 

[GodFearinGunTotin]

Without RAS of an infraction of ordinance violation or RABCOS, any LEO's demand for ID may be freely rebuffed without threat of further adverse action.

I know of video evidence the proves otherwise. Of course, you are free to file a report and pursue legal recourse later.

 

[CathyInBlue]

I know of video evidence the proves otherwise. Of course, you are free to file a report and pursue legal recourse later.

Oh really? Has Starr been superceded? Do tell.

 

[GodFearinGunTotin]

Oh really? Has Starr been superceded? Do tell.

Ask the Hammond PD. Like I said, as always you are free to file a report and if you so desire, file a lawsuit to seek to make yourself whole.

 

[steveh_131]

Repealing this law will give one less excuse for officers to pull over people and then, for their safety, spray backseat passengers with broken glass.

You had me at "repeal".

 

[Whosyer]

Oh really? Has Starr been superceded? Do tell.

You have no rights on the side of the road. ( especially while looking down the barrel of a duty weapon). You do, however, have the possibility of the court ruling that your rights have been violated.