Posted by: Kiddo February 11, 2015
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@biology
What you said makes sense, but I hope you understand it is hard to implement as there is too many areas of discretion. A 52, even 72 year old man can be a threat with gun in his pocket. A cop's duty is towards protecting civilians, but first and foremost he is going to protect himself. Regardless of how wrong this cop was, I sure don't think he slammed the old man just because he felt like doing it.
@kundale
"Yes. Because the assumption in your argument is that the person detained has to prove their innocence or that they're not doing anything wrong else law enforcement is justified on doing whatever they want."
It's not an assumption, its a fact. It's not a court of justice where you are innocent till proven guilty. Google "reasonable suspicion" and "probable cause." The cop does NOT have to prove that you are a threat for him to take action to defend himself. Habeas Corpus applies once the arrest is made; the cop slammed the poor old man not to make arrest - but because he "feared" for his life. Justified? Hell no. But do I have a ground to charge him? No.
For those who are saying his suspension proves his misdeed, you will be surprised how many suspensions have come forward just to quiet down the matter. Besides suspension is common on this kind of matters and many times if the matter quiets down enough, the cop will be reinstated without any paycut.