Jefferson Parish LEO... Overstepped his authority?

[mr.z28]

every black mans nightmare...gotta stop watching these vids...

 

[SpeedRacer]

Hard to comment without knowing the leadup/backstory.

 

[the dubshow]

Hard to comment without knowing the leadup/backstory.

this. Seems like filming started and a really opportune time. And then the officer reacted poorly. But glad no one or thing was shot.

 

[barbarossa]

.

 

[general mills]

There is not enough in the video or the description to make any kind of judgment. Did the officer walk up on the man slashing a neighbors tires and threatening him? Did the officer knock on the man's door to ask about his son's whereabouts last night and didn't like what the man had to say? Each of these possible scenarios would give me a different conclusion as to weather he overstepped his authority or not.

 

[general mills]

FWIW, the officer is pretty ballsy, if that man had tried to actively resist arrest, I think the officer would have lost control of the situation pretty quick like, and could have ended up getting hurt real bad. Toe to toe, I'd put my money on the homeowner.

 

[madwabbit]

Giving him benefit of doubt regarding authority, he demonstrated absolutely zero control of the situation, and he's lucky he didn't get hurt or worse

 

[Emperor]

FWIW, the officer is pretty ballsy, if that man had tried to actively resist arrest, I think the officer would have lost control of the situation pretty quick like, and could have ended up getting hurt real bad. Toe to toe, I'd put my money on the homeowner.

Homeowner AND homey, filming!

Two young black bucks against an over weight elderly white guy? I'd say they would have whipped his ass pretty good if they would have been so inclined!

 

[tim9lives]

Man cries foul as video of his arrest by JPSO deputy goes viral

By Michelle Hunter, NOLA.com | The Times-Picayune
Email the author | Follow on Twitter
on April 03, 2014 at 11:05 AM, updated April 03, 2014 at 11:12 AM


A River Ridge man seen being arrested by a Jefferson Parish Sheriff's Office deputy in a video that has gone viral on Facebook said he is the victim of an unlawful arrest. Donrell Breaux, 26, also questioned the relationship between the responding deputy and the neighbor with which he had a dispute.

"I knew he (the deputy) was a personal friend (of the neighbor)," Breaux said, "and I thought it was an unlawful arrest. I don't have to submit to an unlawful arrest.

NOLA.com | The Times-Picayune on Thursday (April 3) morning left a message on the answering machine of a man that Breaux identified as being the neighbor in question.

The incident occurred Sunday (March 30) in the 200 block of Marmandie Avenue in River Ridge. Part of the encounter was recorded by Breaux's friend, Eric Banegas, and posted on Facebook on Tuesday (April 1). As of Thursday, the video had been shared more than 22,800 times.

Breaux said he and Banegas were standing on Banegas' front porch and talking. He admits to using profanity, but said they were cracking jokes amongst themselves. "It wasn't to the point that we were loud and disturbing people," Breaux said.

The neighbor walked out of his house and warned the two to watch their language. Breaux said the neighbor was belligerent, prompting a brief verbal confrontation that ended with the neighbor telling them he was calling the police.

"He threatens to call the police all the time about stuff in the backyard and stuff going on inside the house. Things like there's too many cars in the driveway," Breaux said. He felt the neighbor was out of line.

About 10 to 12 minutes later, a deputy arrived and spoke for a few minutes with the neighbor, according to Breaux. "Then, he's grabbing my hoodie with handcuffs out. He said, 'Let me see some I.D.,' and grabs my wrist and says, 'You're under arrest,' at the same time," Breaux said. "I thought it was unlawful."

That's when the video begins, according to Breaux.

Breaux, who has been living at the Marmandie Avenue address since December, said he recognized the deputy as a friend of the neighbor. "I've seen him at the residence before," he said.

Breaux said the same about a second officer seen arriving to help the deputy near the end of the video. From the footage, it's not clear whether the officer is a Sheriff's Office deputy. Breaux said the second man is an officer with the East Jefferson Levee District Police Department and had also been to the neighbor's home, possibly as a guest.

"These are personal friends," Breaux said. "I wish I had friends that I could call and have them handle personal vendettas that I have with my neighbors."

Breaux was eventually taken into custody and booked with battery of a police officer, resisting arrest with violence, disorderly conduct and disturbing the peace.

The Sheriff's Office had not commented about the video as of Thursday morning.

Breaux said he is in the midst of trying to obtain an attorney. But money is an issue.

"I'm pretty pissed about the situation," he said. "I feel this is wrong because they do this all the time and nobody ever has it on video. I feel it's a problem with the police and people not knowing their rights."

Stay with NOLA.com | The Times-Picayune for more details on this story as it becomes available.


http://www.nola.com/crime/index.ssf/2014/04/man_cries_foul_as_video_of_his.html#incart_m-rpt-1

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This kind of changes things....arrested guy saying that cop was friend of neighbor .

 

[thatguy]

No taser? Don't shoot me, don't shoot me when the deputy reached for his radio.....pure Hollywood.....or Youtube. Next comes the sleazy lawyer and an opportunity to better his life without having to work.

 

[oleheat]

I'd like to know what happened before the camera came on.


I'm pretty sure the dog was guilty of Cold-Nosing An Officer at the 0:40 mark....

 

[nola_]

The details of what occurred before the camera started could make a big difference in the way any video is interpreted.

 

[340six]

Without seeing the whole deal go down no way I would want to cement. As in now way to tell what lead up to the point filming started.

 

[sevenpt62]

For some reason I totally believe the account of the guy taken into custody. And I hope this guy does get a good lawyer and has his day in court. If this guy does get a big check (that comes out of pur pockets) and never has to work again it will be no one else's fault but the officer's. I am so tired of police feeling like they can do whatever they want or trample on peoples rights with no consequences or just a slap on the wrist. These type of actions have been going on forever and are just starting to come to light due to technology and I for one am greatful for it. I have been told by a cop before " it'll be my word against yours and who do you think they will believe" now victims of police misconduct have evidence.

 

[tim9lives]

http://www.nola.com/crime/index.ssf/2014/04/viral_video_of_jpso_arrest_spu.html#incart_river
Viral video of JPSO arrest spurs commenter debate over lawful arrests; attorneys weigh in
We turned to a pair of attorneys to get their views on the matter. Jancy Hoeffel, a professor in criminal law and constitutional criminal procedure at Tulane University Law School, and Dane Ciolino, a criminal law professor at Loyola University Law School, weighed in.

Ciolino said the encounter seemed highly questionable. "The whole notion of entering a person's house without a warrant to effect a misdemeanor arrest for a nonviolent crime with no exigency (emergency circumstances) really raises questions under the Fourth Amendment," he said.

Hoeffel said its possible the arrest was lawful. All the facts are not known. But she pointed to problems that stemmed from the vagueness of the state's laws on disturbing the peace, the original criminal complaint, as well as the deputy's refusal -- on video, at least -- to inform the man of the reason for his arrest.

"I think we should never jump to conclusions. We need to understand both sides," she said. "But we see the confusion and the problems that happen when people can get arrested on vague, petty charges and when officers don't tell people what they're being arrested for."

 

[Leonidas]

Yet another reason to not answer the door. Works for Jehovah's witnesses, your annoying neighbor, and girlscouts too.

Werd. 4 bucks/box. WTF.

Family Dollar has Thin Mints for 1.50, year round. Fwiw.

 

[Ironman26]

Man cries foul as video of his arrest by JPSO deputy goes viral

By Michelle Hunter, NOLA.com | The Times-Picayune
Email the author | Follow on Twitter
on April 03, 2014 at 11:05 AM, updated April 03, 2014 at 11:12 AM


A River Ridge man seen being arrested by a Jefferson Parish Sheriff's Office deputy in a video that has gone viral on Facebook said he is the victim of an unlawful arrest. Donrell Breaux, 26, also questioned the relationship between the responding deputy and the neighbor with which he had a dispute.

"I knew he (the deputy) was a personal friend (of the neighbor)," Breaux said, "and I thought it was an unlawful arrest. I don't have to submit to an unlawful arrest.

NOLA.com | The Times-Picayune on Thursday (April 3) morning left a message on the answering machine of a man that Breaux identified as being the neighbor in question.

The incident occurred Sunday (March 30) in the 200 block of Marmandie Avenue in River Ridge. Part of the encounter was recorded by Breaux's friend, Eric Banegas, and posted on Facebook on Tuesday (April 1). As of Thursday, the video had been shared more than 22,800 times.

Breaux said he and Banegas were standing on Banegas' front porch and talking. He admits to using profanity, but said they were cracking jokes amongst themselves. "It wasn't to the point that we were loud and disturbing people," Breaux said.

The neighbor walked out of his house and warned the two to watch their language. Breaux said the neighbor was belligerent, prompting a brief verbal confrontation that ended with the neighbor telling them he was calling the police.

"He threatens to call the police all the time about stuff in the backyard and stuff going on inside the house. Things like there's too many cars in the driveway," Breaux said. He felt the neighbor was out of line.

About 10 to 12 minutes later, a deputy arrived and spoke for a few minutes with the neighbor, according to Breaux. "Then, he's grabbing my hoodie with handcuffs out. He said, 'Let me see some I.D.,' and grabs my wrist and says, 'You're under arrest,' at the same time," Breaux said. "I thought it was unlawful."

That's when the video begins, according to Breaux.

Breaux, who has been living at the Marmandie Avenue address since December, said he recognized the deputy as a friend of the neighbor. "I've seen him at the residence before," he said.

Breaux said the same about a second officer seen arriving to help the deputy near the end of the video. From the footage, it's not clear whether the officer is a Sheriff's Office deputy. Breaux said the second man is an officer with the East Jefferson Levee District Police Department and had also been to the neighbor's home, possibly as a guest.

"These are personal friends," Breaux said. "I wish I had friends that I could call and have them handle personal vendettas that I have with my neighbors."

Breaux was eventually taken into custody and booked with battery of a police officer, resisting arrest with violence, disorderly conduct and disturbing the peace.

The Sheriff's Office had not commented about the video as of Thursday morning.

Breaux said he is in the midst of trying to obtain an attorney. But money is an issue.

"I'm pretty pissed about the situation," he said. "I feel this is wrong because they do this all the time and nobody ever has it on video. I feel it's a problem with the police and people not knowing their rights."

Stay with NOLA.com | The Times-Picayune for more details on this story as it becomes available.


http://www.nola.com/crime/index.ssf/2014/04/man_cries_foul_as_video_of_his.html#incart_m-rpt-1

===========
This kind of changes things....arrested guy saying that cop was friend of neighbor .

The cursing is out of line and not needed out loud in public, but since when does cursing in public an arrestable offense ? Disturbing the peace I get that also !! So if my neighbor has a problem with me cursing and he gets pissed and calls the cops, does that give the cops the right to come into my home or my friends home and assault me and detain me without saying why ??

 

[#1bambam]

The cursing is out of line and not needed out loud in public, but since when does cursing in public an arrestable offense ? Disturbing the peace I get that also !! So if my neighbor has a problem with me cursing and he gets pissed and calls the cops, does that give the cops the right to come into my home or my friends home and assault me and detain me without saying why ??

If its the cops buddy then it does.......LOL.JK.

 

[#1bambam]

Im bummed out.None of my cop buddys would do that for me.

 

[tmlowe]

From JPSO official facebook page

This message is in response to the inquiries we received relative to a video that was posted on Facebook yesterday.

On March 30, 2014, around 2:50 PM, our 911 Center received a call from a citizen who resides in the 200 block of Marmandie Avenue in River Ridge. The complainant told the operator he needed the police because a black male subject at 207 Marmandie was cursing at him. When the Fourth District officer arrived on scene he met with the complainant who once again repeated what he told the 911 operator. He continued telling the officer that he and his wife were sitting outside of their home with their children when their attention was drawn to their neighbor’s home at 207 Marmandie. It was there, the complainant reported hearing the individuals using profanities. He also believed he could smell the odor of marijuana coming from the area where the individuals were standing. After asking the men numerous times to stop cursing in front of he and his wife, one of the men, described as a black male began directing profanity laced sentences specifically at the both he, his wife and children. He continued by saying he felt threatened at that time, thus, he chose to call 911. The complainant expressed his desire to pursue charges against the black male who cursed at he and his family. He then directed the officer to the area where the male subjects were standing.

Based on the initial findings, and the fact that the complainant/witness wanted to pursue charges on the suspect, our officer’s intention was to issue him a misdemeanor summons. As the officer approached the subjects, he too could smell the odor of marijuana. The officer requested identification from Don Rell Breaux. He was told by Breaux that he had none, however, he might have an ID inside. As the officer walked with Breaux towards the door he told him he was under arrest. As the officer followed him into the doorway with his handcuffs in hand, Breaux attempted to close the door on the officer. The officer continued into the home where a brief struggle ensued. The officer did in fact tell the suspect he was under arrest for resisting an officer, as indicated in the video. Breaux was eventually placed in handcuffs and taken into custody.

Don Rell Breaux was booked with disturbing the peace by cursing, resisting arrest and battery on a police officer.

Don Rell Breaux has a prior criminal history with an arrests for: Terroristic Threats & Acts at a school in Georgia, Reckless Conduct, Manufacturing, Distribution & Possession of Marijuana, Simple Criminal Damage to Property and a Probation Violation.