Todesfall Sandra Bland

NancySpungen schrieb:"sie hätte ja einfach machen können, was von ihr verlangt wurde" abgetan.

Asking a woman sitting inside of her vehicle to put out her cigarette during a traffic stop is not a reasonable request for an officer to make and Sandra Bland knew it.

“You mind putting out your cigarette, please?,” Officer Brian Encinia asked.

“I’m in my car. Why do I have to put out my cigarette?” Bland replied.

“Well, you can step on out now,” Officer Encinia replies.

We know what happened next, based on a dashcam video released by the Texas Department of Public Safety. Bland was violently pulled out of her vehicle, thrown to the ground after she refused to obey Encinia’s “lawful order” and jailed at Waller County Jail, where she was found dead three days later under suspicious circumstances.

But let’s address this cigarette issue. Did Officer Encinia have a right to ask her to put it out? Eric Sanders, a former NYPD officer and civil rights attorney, told AlterNet flatly, “No.”

“What law was he enforcing?,” Sanders, who spent nearly 13 years years with the NYPD, asked. “Is there a law against her smoking a cigarette in her own car? The police only have power through the Constitution, so can you explain to me what was the legal basis for that command? The government can only tell you, as a citizen, to do something that has legal authority. Without legal authority, they have nothing. So tell me what did she do?”

Eric Guster, a civil rights attorney in Birmingham, Ala., says officers can ask drivers to comply with reasonable commands. For example, a cop can ask a driver to turn off the ignition to his or her vehicle because not doing so can endanger the officer’s safety. If a car has a lot of people in it, that officer can ask everyone to raise their hands so he or she can see them. The officer can also ask someone to turn on his or her car lights if the inside of the vehicle is dark.

After reviewing the video, Guster says Officer Encinia’s request was far from reasonable.

“I just don’t think so,” he told AlterNet. “He wrote the ticket already. She said, ‘Give me the ticket.’ The officer had no reason to tell her anything else but give her the ticket and walk away. There can be a thin line about what is a legal command, but under these circumstances, I just don’t see what the officer did was reasonable.”

The Houston Chronicle published a report outlining Texas-specific rights officers have to stop a driver and when it is legal for the officer to ask passengers to exit the vehicle. None of the scenarios cited in the report suggest any wrongdoing on Bland’s part.

Walter Katz, a police oversight lawer and monitor, wrote that Officer Encinia escalated the situation after Bland accused him of speeding in back of her, forcing her to switch lanes hastily without using her signal. Basically, she accused Encinia of creating the conditions that caused him to pull her over. He never explained the legality of his commands and all Bland did was challenge why he didn’t.

“Sandra Bland failed the Attitude Test,” Katz wrote on his blog. “She refused to submit to authority in a way which satisfied the trooper. That was her greatest crime and one that we have seen far too often.”

The stop also failed the Constitution test. The Supreme Court ruled in April inRodriguez vs The United States that police officers cannot prolong a traffic stop beyond the intended reason. In Bland’s case, the stop was over when Encinia wrote Bland the ticket. He had no right to ask her anything else beyond that. Doing so violated her civil rights.

For those who say that Bland should have just shut her mouth and did what the officer said, there is no legal basis for such submission. There is no law in Texas, or anywhere else for that matter, that gives cops the right to arrest someone for mouthing off. As AlterNet previously reported, judges across the country are tossing disorderly conduct cases in which cops arrest people for cursing at them. When looking at the video and Encinia’s reaction to Bland, it was clear that the officer didn’t like her challenging his authority.

Sanders says most situations in which a cop gets into an altercation with someone is due to the cop not keeping his cool.

“You represent the government, which means you are subject to the wrath of the people,” he said. “If you are a police officer out there and your feelings are getting hurt, you’re in the wrong business. You’re taught that in the academy. You know that intuitively. There are no personal feelings. If someone is yelling at you, they’re not yelling at you, they’re yelling at your uniform.”

That’s what Bland was clearly doing. Encinia was operating beyond the duties of his uniform and Bland dared to challenge the officer on it.

In return, she was brutally arrested, jailed and later died.

Bland’s death is being investigated as a murder by local authorities. But, according to the video, it appears her arrest had much more to do with Officer Encinia’s ego and overstepping his authority than her refusal to put out her cigarette.

vor allem wurde von mehreren offiziellen seiten bestätigt, dass dieser cop nicht das recht hatte von ihr zu verlangen, in ihrem auto die zigarette auszumachen. aber auch das ist scheinbar einfach nicht interessant, denn sandra bland sei ja selbst schuld.

NancySpungen schrieb:warum sie die zigarette ausmachen soll und ohne darauf zu antworten, hat der irre cop sie aus ihrem wagen gezerrt. meine güte...

Venice2009 schrieb:genau das ist der springende Punkt. Weil er darauf selber keine Antwort hatte. Es war reine Willkür. Ansonsten hätte er sich dazu äußern können, warum sie aus dem Wagen aussteigen solle z.B. weil er sie durchsuchen möchte o. ä.

NancySpungen schrieb:ach so. du weißt also, dass er angst vor einer zigarette hatte?

außerdem, wo hast du gehört, dass sie nein gesagt hat?

As more information comes to light, here’s what we know about Texas trooper Brian Encinia.

1. Brian Encinia’s Career As A State Trooper Is Fairly New
Encinia ventured into police work after a career in agriculture. He attended Texas A&M University and graduated in 2008 with his bachelor’s in agricultural leadership and development. After working as an ingredient processing supervisor at Blue Bell Creameries for six years (2008-2014) he worked as a chief in the Brenham Fire Department from 2009 to 2013.
He began working for the Department of Public Safety in Waller County as a state trooper and has held the position for a little over a year.

2. Preliminary Investigation Revealed Encinia Violated “Courtesy” Protocols
Texas Department of Public Safety officials informed reporters this week that Encinia violated several traffic stop and courtesy protocols. A DPS spokesman didn’t state what exactly the officer did wrong, but legal experts claim his alleged abrasive behavior could be a factor.
Texas Commission on Jail Standards also slammed the Waller County Jail for inconsistent training and failing to actively check on inmates every hour face-to-face.
Bland’s rights were also violated during the arrest. Citizens are allowed to remain silent after handing over their license and proof of insurance.

3. Key Details About His Initial Encounter With Sandra Bland Were Left Out
https://twitter.com/ShaunKing/status/623602057765908480/photo/1
After footage of Encinia and Bland’s encounter was released to the public, suspicions of editing and Encinia’s own account of the incident were called out. In the police report, the officer says he asked Bland to exit the vehicle to continue with his investigation.

The video shows he actually opened the door to Bland’s Hyundai after pulling out his stun gun. He also argued with her about her cigarette, another factor leading to their confrontation.
Officer Brian Encina (while writing ticket): You seem very irritated.
Sandra Bland: I am, I really am…..(something slightly unintelligible, about how she was just “getting out of your way”)
Encina: Are you done?
Bland: You asked me what was wrong and I told you….
Encina: Mind putting out your cigarette please?
Bland: I’m in my car, why do I have to put out my cigarette?
Encina: You can step on out now.
Bland: I don’t have to step out of my car.
Encina: Step out of the car….
Bland: You do not have the right….
Encina: Now step out or I will remove you…I’m giving you a lawful order get out of the car now or I’m gonna remove you…
Bland: I’m calling my lawyer.
Encina: I’m gonna yank you out of here….
Bland: Don’t touch me, I’m not under arrest.
Encina: You are under arrest.
Bland: I’m under arrest for what ? For what?…
Encina: Get out of the car now!
Encinia claims Bland was combative and demanded she stop recording the arrest, but laws state that it is legal to record police if it doesn’t interfere with their duties.

4. Encinia’s Digital Presence Has Vanished
It isn’t known if Encinia had a social media presence, but his LinkedIn page was deleted after his name was announced to the public. Bland’s videos discussing her past troubles with PTSD and tweets on the “Black Lives Matter” movement, on the other hand, are still present on the internet.
https://twitter.com/Montero/status/623911506585911296

5. Lawmakers Have Sided With Sandra Bland Over Arrest
DPS Director Steve McCraw and Texas State Senator Royce West have released brief statements about the case. McCraw told the Washington Post today that Encinia did not display proper conduct.
“Regardless of the situation, the DPS state trooper has an obligation to exhibit professionalism and be courteous,” said DPS Director Steve McCraw. “That did not happen in this situation.”
When asked by reporters if Sandra Bland caused her own death, West said “no.” He also added that she didn’t deserve to be arrested in the first place.
https://twitter.com/leahbink/status/623617401448312832 (Archiv-Version vom 24.07.2015)

6. Encinia Is Currently On Administrative Leave
Encinia is on administrative duty until the investigation is complete. The FBI is currently working with Texas Rangers on the case after Harris County Institute of Forensic Sciences in Houston labeled Bland’s death a suicide. Her family has hired an independent medical examiner; that autopsy is scheduled to release results in the next few days.