Jefferson Parish LEO... Overstepped his authority?

[Hitman]

but since when does cursing in public an arrestable offense ?

When you smoking weed too

 

[Vermiform]

When you smoking weed too

Dude, have you every cursed out your next door neighbor and his children from your front porch and gotten arrested for disturbing the peace.........

....ON WEED??!?!

 

[Judge Mental]

Werd. 4 bucks/box. WTF.

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

Lol

Sent from my SCH-I545 using Tapatalk

 

[323MAR]

It looks to me like everyone involved here could have handled themselves better. Some people have too much time on their hands.
I have to say that I would not have been very happy with the people who called to report an "emergency." I would have issued stern warnings to both sides.

 

[Ironman26]

I guess I did leave that scenario out, huh ? Probably some 44oz Colt .45 involved also !!

When you smoking weed too

 

[dixiejarhead]

No. He was within his rights and duty as a Law Enforcement officer. Personally I would have handled it differently and I think he needs some remedial training on Use of force escalation and intermediate force tools.
Not to mention Officer Safety awareness.

 

[RedStickChick]

Update.

(I'm going to go ahead and apologize for the wall of text.)

http://www.nola.com/crime/index.ssf/2014/04/jpso_releases_statement_about.html

The incident occurred in the 200 block of Marmandie Avenue in River Ridge. A resident called 911 just before 3 p.m. to report that a man at a neighboring home was cursing at him, Fortunato said.

The resident told the responding deputy that he was sitting outside with his wife and children when he overheard people at the residence using profanity. He said a man later identified as Breaux began directing "profanity-laced sentences" at him and his wife and children after he asked them several times to stop, Fortunato said.

In addition to the profanity, the neighbor told the responding deputy that he could smell marijuana coming from the area where Breaux was standing. He said felt threatened and wanted to press charges, according to Fortunato.

The deputy went over to Breaux and Banegas' residence with the intention of issuing a misdemeanor summons, Fortunato said. But he, too, smelled marijuana as he approached. The deputy asked for identification. Breaux said he did not have any on his person, but told the deputy he might have I.D. inside and turned to enter the house, according to Fortunato.

"After he refuses to present I.D. and tries to go into the house, now (the deputy's) going to do a physical arrest as opposed to a misdemeanor summons," Fortunato said.

Breaux attempted to close the door on the officer and the two briefly struggled before Breaux was taken into custody, according to the Sheriff's Office.

Unlawful arrest

Breaux said he and friend Eric 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. But Breaux said the neighbor was belligerent, and used profanity, as well, 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," said Breaux said who felt the neighbor was out of line.

But Breaux said there officer walked up and immediately tried to place him under arrest after speaking for a few minutes to the neighbor. "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 Banegas' video begins, according to Breaux. He was eventually booked at the Jefferson Parish Correctional Center in Gretna with battery of a police officer, resisting arrest with violence, and disturbing the peace by using offensive, derisive or annoying words, according to an arrest report. He was released Monday (March 31) on a $6,250 bond.

Banegas on Thursday said no one was smoking marijuana at his home, despite the allegation made by the Sheriff's Office. Deputies did not find any evidence of marijuana in the house, according to Fortunato, who said they did not conduct a search of the residence.

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."

Attorneys weigh in

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, viewed the video and weighed in on some of the legal questions about the arrest, including whether the deputy had the right to enter Breaux's residence.

From just the video, Ciolino said there doesn't appear to have been any exceptions to the Fourth Amendment, which protects citizens against warrantless searches of their person, house or property. Such exceptions include emergencies in which the deputy suspects his entry is necessary to protect the public or preserve evidence.

"Here, there's nothing like that," he said. He later added, "What the officer probably should have done was gone and gotten a warrant for the guy's arrest."

Hoeffel said residents don't have to allow an officer to enter their home, show identification or cooperate unless the officer is engaging in a lawful investigation or a lawful arrest. The question is whether the arrest was lawful and the officer had probable cause.

A 911 call does not necessarily give an officer probable cause in a case. But if a neighbor is able to explain a claim of a criminal behavior, such as disturbing the peace, then an officer can go and make an arrest, according to Hoeffel.

"That's probable cause," she said. "You don't have to get the other person's side, but you should."

The law allows citizens to resist an unlawful arrest. "It's hard for a citizen to know if a lawful arrest is occurring if they don't know what they're being arrested for," Hoeffel said.

The Sheriff's Office said the deputy did inform Breaux that he was under arrest for resisting an officer. But Breaux can be heard several times in the video asking why he was being taken into custody.

Under the Louisiana code of criminal procedure, citizens also have the right to be informed of three things: the officer's intention to make an arrest, the authority to arrest the person and the cause of the arrest.

But a citizen cannot declare an arrest unlawful and resist just because they haven't been informed of the reason for their arrest. "You can't have citizens second-guessing whether the officer has probable cause," Hoeffel said.

It has to be absolutely clear that the officer has no basis to make an arrest as opposed to guessing that he has no basis. That doesn't appear to the case with the incident in River Ridge, according to Hoeffel. Still, she said it's just good policy to inform a citizen of the reason for an arrest.

"The tape shows you exactly why the officer should follow that policy. It's safer for the officer and the citizen," she said.

Hoeffel counsels youths about their rights, but she said she tells them to cooperate, in the moment

"Cooperate now, litigate later," she said. "I admire people who stand up for their rights. At the same time, it's for their safety. In general, things only get worse if you don't cooperate."

 

[323MAR]

It must be a low crime area. The bull crap calls tend to come from those areas.

 

[tim9lives]

It looks to me like everyone involved here could have handled themselves better. Some people have too much time on their hands.
I have to say that I would not have been very happy with the people who called to report an "emergency." I would have issued stern warnings to both sides.

EXACTLY this ^

 

[nola_]

The 911 call related to this has been released:

http://m.wdsu.com/news/911-calls-released-in-jpso-arrest-video/25403932

 

[dirty dan]

I wonder how the neighbor knew where the smell of weed was coming from.

 

[Nola 32/65]

Where did the 'Battery on a Police Officer" charge come from? I didn't see him hit the cop at all, maybe I missed it.

 

[Vermiform]

Where did the 'Battery on a Police Officer" charge come from? I didn't see him hit the cop at all, maybe I missed it.

Struck him with the door?

 

[dixiejarhead]

Where did the 'Battery on a Police Officer" charge come from? I didn't see him hit the cop at all, maybe I missed it.

GO to the criminal code of conduct and read the definition of battery. That's where it comes from.

 

[general mills]

Here it is I think

http://legis.la.gov/lss/lss.asp?doc=78437
RS 14:33
§33. Battery defined

Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.

Acts 1978, No. 394, §1.

 

[Nola 32/65]

Struck him with the door?

Lol, thats all I could see.

GO to the criminal code of conduct and read the definition of battery. That's where it comes from.

Here it is I think

http://legis.la.gov/lss/lss.asp?doc=78437
RS 14:33
§33. Battery defined

Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.

Acts 1978, No. 394, §1.

Going by that definition, I still don't see anything that would cause that charge. Now i'm not a lawyer so of course I do not know the law that well.

 

[Bullet]

The Tulane law professor above pretty much says there was a basis for an arrest.

 

[general mills]

Going by that definition, I still don't see anything that would cause that charge. Now i'm not a lawyer so of course I do not know the law that well.

I'm not lawyer either, nor LEO, I just thought I'd save everyone the trouble of going and looking it up, as I just had. I'm having a hard time seeing him use force or violence against the officer. he is resisting, and perhaps that may constitute force against the officer? I would need a prosecuting attorney to explain that to me. Or perhaps he ripped one in fear and they are going with the noxious liquid or substance part.

 

[general mills]

Also, it may be in reference to something that happened off camera.