The ugliness of police brutality is never-ending as another case is trending out of Bartow, Florida. According to the report from WFLA Channel 8, a video surfaced of the police dog attacking the man while police were “trying” to subdue the man. The man states he asked the officers who came to his residence looking for someone else to stay on the other side of the fence and we gather all hell broke loose from there.
Okay, we get it the police are in a position of authority but when is the overreaching of that authority going to be enough. From what we see in the video is more than an overreach, an abuse of power. If the police were at the resident to “arrest” someone why didn’t they begin with a warrant for arrest, thus proving the need to even be on the property. This man supposedly “fit” the description of the person the police wanted, well we all have “looked” like somebody else at one point or another
The young man was arrested for resisting arrest while violent and violent. EarHustle411 wanted to know more about this type of charge in Florida so we were able to find more information on the Hussein and Webber Law Office’s website. Below is the description of the charge:
Definition of Resisting Without Violence
Resisting an Officer Without Violence is any non-violent interference directed at a police officer who is acting pursuant to a legitimate law enforcement function. The definition for the offense is contained in Section 843.02, Florida Statutes, which provides:
“Whoever shall resist, obstruct, or oppose any [law enforcement or probation] officer or other person legally authorized to execute process . . . In the law execution of a legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree . . .”
In many criminal cases, Resisting an Officer Without Violence is a type of offense that is tacked on by police to supplement other charges. This practice increases the likelihood of a conviction, as it forces the accused to confront allegations which can be proven solely through the testimony of the arresting officer.
To prove the charge at trial, the prosecution must establish the following four elements beyond a reasonable doubt:
- The defendant resisted, obstructed, or opposed a law enforcement officer;
- At the time, the officer was engaged in the execution of legal process or the lawful execution of a legal duty;
- The officer was a person legally authorized to execute process; and
- At the time, the defendant knew that the person resisted, obstructed, or opposed was in fact an officer or other person legally authorized to execute process.
See Fla. Std. Jury Instr. (Crim) 21.2.
Below is the video of the interaction of the attack as reported by WFLA Channel 8.
The young man sustained bite injuries on his thighs, and back and walks with a cane as a direct result of the dog attack. We can expect him to possibly be filing a lawsuit against the Bartow, Florida police department in the near future.
EarHustle411 will post updates to this case as they are released.
Source: WFLA Channel 8