Getting Locked Up for Drinking an Arizona Iced Tea - Video

[Popeman38]

I don't see much in that video that proves racism however I do wonder what evidence the officer had to begin with to think a crime was being committed. I suspect nothing concrete but rather that the tea drinking rapper fit a profile in the officer's mind. Racial profiling.

Without a doubt the cop was a dick and abused his power.

[Hitman21ST]

The facts are though the guy with the tea was being a dick to the cop. The cop was trying to see what the guy was drinking and the guy moved to keep it out of the cops hands physically resisting him. Was that enough to get the guy arrested regardless of skin color.absolutely... Laugh at a cop, make fun of a cop... pretend you don't have to listen to a cop... and you are likely going to be going down town regardless of whether you are guilty of anything else...

If this guy would have been like, sure man here is my tea... I don't have a beer... the cop might have been on his way... but that's not what his guy did. This guy thought he wasn't doing anything wrong, and therefore he didn't have to listen to the cop... You always have to listen to the cops.

You don't "always have to listen to the cops". If you're not doing anything illegal, you don't have to give them anything that they tell you to give them. In this case, he wasn't going anything illegal, so he didn't have to give the drink over. Not to mention the guy didn't ID himself as a cop, he just walked up to the rapper and demanded to see his drink. Either way, the rapper showed the cop what he was drinking, and that should have been the end of it.

[The Sisko]

Let me restate that. Because of the the suspicion of two people of a non-violent offense, two people who were not even cops, within moments of getting his soda, Otto Zehm was killed by police because they think that if you don't lick their boots and instantly fall to the ground, or if you express any confusion about what would be confusing even for a non-disabled person, that you should be tasered, hog-tied and killed. Sure, they may not MEAN to kill you..but then they do.

A man with absolutely no weapon, no threat (they even tell him to drop the "pop" so it wasn't based on fear of a weapon) and not suspected of just murdering or raping someone was killed.

And he was white.

I try to get people to move beyond the race thing with cops, NOT because it isn't a factor---it is. But there is more to it and you'll see black cop-white citizen, white cop-white citizen or other permutations that point to this being well beyond race. I mean wasn't the Bell dude in NYC shot by black undercover cops (or at least a few were)?

And let me sneak in a bit of a kernel here. Being targeted because of skin color does happen. But so does targeting by sex. They aren't based solely on racism but also on statistics (and not just arrests but the victim survey, which comports more or less with incarceration rates, especially for violent crimes.) There is a reason they don't pull over Asians or Indians, there simply is no reason (from a broad statistical perspective) to do so, except in very specific locales/contexts. Just like you're not going to (if you could) profile followers of Jainism for acts of terror.

---------- Post added May-3rd-2013 at 04:49 PM ----------

I think a large part of this comes from the Drug War. Cops should not be pulling people over because they "might have drugs" even though they do catch other types of criminals from traffic stops. Also, when you develop certain institutional, org'l and persoanl experiences in certain areas of a city or with certain profiles, you're going to use that as a basis for future action.

It's why my ex who had a big butt got cautious around groups of black dudes, but not at all around Asians. Because the younger black dudes are the ones who'd engage in street harassment. If I'm walking down the street, SURE, the woman could stab me, but I'm more on edge if I walk by a group of ANY younger males really late at night.

Two things can be true simultaneously: 1) Cops are often racist, but even when not act unjustly against citizens of various backgrounds for a multitude of reasons 2) Being a cop is a hard, tough and sometimes thankless job and often act wisely based on the observations and generalizations we tend to do when we acquire enough experience. Sometimes this means generalizations that might be wrong, or be outdated but might offend certain groups.

Again, just because we DID have cheerleader bank robbers does not mean the "profile" of a bank robber doesn't start with MALE.

I think this pretty much gets to the heart of the matter. 99.9999% of cops are racists. It's just that they're "racists" against anyone not wearing blue. So you may think that your white skin and chinos protect you, but don't get it twisted. Say the wrong thing to the wrong cop and you're likely to get your ass handed to you...with little or no recourse.

As for the "Most cops are good" line, the ones that are good will more often than not cover for the ones that are bad which makes them just as bad as the ones who are dirty. Just ask Michael Cox.

I don't speak to or even acknowledge the existence of the cops that live in my neighborhood and if I had kids I wouldn't let them play with a cop's kids. IMO they should be shunned by the rest of society.

[Hitman21ST]

I don't speak to or even acknowledge the existence of the cops that live in my neighborhood and if I had kids I wouldn't let them play with a cop's kids. IMO they should be shunned by the rest of society.

That's part of the problem right there. You want them to help stop the bad guys but then treat them just as badly (if not worse) than those same bad guys. Just because there are some rotten apples doesn't mean you cut the tree down and burn the orchard.

[No_Pressure]

I didn't read any responses, I just watched the video:

ES 1: Wow, what a power hungry/racist/douchebag cop. I can't believe people let the police get away with stuff like this!

ES 2: The officer is probably just undercover watching suspicious activity at that gas station. You don't know what it's like to be a police officer, why didn't this guy just comply from the start?

ES 1: Because the officer didn't really identify himself other than stating that he was a police officer, and why should the guy HAVE to hand his drink over?

ES 2: I think that the officer identified himself adequately, the guy was being an ass by not obeying his order to simply hand over the can- he probably wanted to smell it for alcohol.

ES 1: What gave him probable cause to believe there was alcohol in the can and demand it be handed over?

ES 2: They're standing out in front of a liquor store, it's highly suspicious, the cop is just doing his job.

ES 1: Then whats all that crap about trespassing after the cop likely realized the guy wasn't breaking the law?

ES 2: You don't know if the liquor store had made a complaint or not, perhaps they really were trespassing.

ES 1: The proper procedure for an upstanding law enforcement officer would be to identify himself with a badge, explain the situation that either he felt the can may contain alcohol or that the liquor store wanted them to move along, and settled this situation without struggling with a guy and arresting him for basically no reason.

ES 2: Sometimes police officers have to keep some information to themselves in order to have an edge/this guy didn't need to know he just needed to obey orders.

ES 1: I thought cops were supposed to serve the public and not berate and arrest them for not immediately complying with unreasonable requests

ES 2: They're also there to protect the public and you don't know how dangerous situations can be! I have family in law enforcement!

and /thread

Was I right?

[da#1skinsfan]

Regardless of if the cop was inside or outside of his "rights" as an officer, the officials from the municipality in this video would likely watch this video and say the cop used poor judgement, excessive force, and did not manage the situation well. Cops are expected to make decisions that don't just "uphold the law" because they can, they are expected to make decisions that ultimately result in the safest possible outcome. In this case, this officer was lucky a riot didnt break out. He was arrogant, aggressive, excessive in his use of force, and ALONE in front of a damn liquor store surrounded by citizens, with a video camera, getting real hot real quick. This officers' actions put several people in danger, and it did not have to happen like this at all - regardless of what he "can" do, he made the wrong decisions, and his superiors certainly will say the same thing.

[Dan T.]

The officer who arrested him is not a Fayetteville Police officer. Rick Libero is an officer with the law enforcement division of the Cumberland County Alcoholic Beverage Control Board.

Here's a press release from the Cumberland County ABC Board on the incident. The press release could be described as "dry."

http://www.cumberlandabc.com/pressreleasemay22013.pdf

[JMS]

Some guy just comes up to you, tries to grab your drink and you are ok with it? I understand the people on here saying the cop wasn't a racist, but I think you are the first guy defending the cop and blaming the rapper. The guy arrested didn't do a single thing wrong in that video. He pointed to his can to show what it was. Cops can't search whatever they want, when they want.

Some guy comes up to me and ask me to see what I'm drinking maybe I do what X did here and show him the can.... But the next thing that happened was the Rapper asked who are you, and the cop said I'm the police and asked to see the can.... had his hand out to see the can... gestured to see the can... The wrapper didn't hand over the can and started to give the cop a hard time... The wrapper was taunting the cop at that point... Cop.. let me see that can... Rapper you are looking at it... Cop reaches for the can... Rapper holds can just out of reach. I ain't doing nothing wrong. Cop show me the can. Rapper you are looking at it... reads him the label. The cop says I want to read the ingredients... The rapper starts reading the ingredients... Copy must have asked a dozen times to see the can after identifying himself as the police.

---------- Post added May-6th-2013 at 12:34 PM ----------

[/color]

You don't "always have to listen to the cops". If you're not doing anything illegal, you don't have to give them anything that they tell you to give them. In this case, he wasn't going anything illegal, so he didn't have to give the drink over. Not to mention the guy didn't ID himself as a cop, he just walked up to the rapper and demanded to see his drink. Either way, the rapper showed the cop what he was drinking, and that should have been the end of it.

How does the cop know you aren't doing anything illegal? Is he supposed to take your word for it? He asked to see the can.. meaning hand it to me, he asks a dozen times... the rapper doesn't comply..

But you are absolutely right... you don't always have to listen to cops... you can laugh at them and you can be a dick to them and you can play keep away with your can of tea with a cop trying to do his job; and the cop can put you face down in the dirt and take you to the big house for his trouble.. It's your right, and it's his right.. The question is why the hell wouldn't you listen to a cop and try to make his job as easy as possible so he has every reason to make your life as easy as possible... Even be respectful... Dude gruffly reaches for your can of tea... here you go officer.... Yes sir... No sir...

Either way, the rapper showed the cop what he was drinking, and that should have been the end of it.

No he really didn't... He told the copy what he was drinking. The cop wanted to see for himself, said I want to read the ingredients... The rapper physically continuously moved the can just out of reach so the policeman after he identified himself as a policeman couldn't get the can. Resisted the cop in doing so, bad move.. dick move.... so the cop was a dick right back...

---------- Post added May-6th-2013 at 12:48 PM ----------

I agree, but the officer should have identified himself as police before he asked for a drink.

IT was the second sentence out of his mouth... and he asked to see the can a dozen times before he put X face down in the dirt after identifying himself as a cop.

---------- Post added May-6th-2013 at 01:02 PM ----------

Regardless of if the cop was inside or outside of his "rights" as an officer, the officials from the municipality in this video would likely watch this video and say the cop used poor judgement, excessive force, and did not manage the situation well. Cops are expected to make decisions that don't just "uphold the law" because they can, they are expected to make decisions that ultimately result in the safest possible outcome. In this case, this officer was lucky a riot didnt break out. He was arrogant, aggressive, excessive in his use of force, and ALONE in front of a damn liquor store surrounded by citizens, with a video camera, getting real hot real quick. This officers' actions put several people in danger, and it did not have to happen like this at all - regardless of what he "can" do, he made the wrong decisions, and his superiors certainly will say the same thing.

I think you are entirely wrong. This cop was from the enforcement division of the Cumberland County Alcoholic Beverage Control Board. He was there outside of an ABC store specifically to ensure folks weren't drinking in the parking lot. He was doing his job. No cop is going to take your word for it if he sees you drinking from an open container.. Nor is he going to let you get away with refusing to inspect the drink more closely.

[Dan T.]

IT was the second sentence out of his mouth... and he asked to see the can a dozen times before he put X face down in the dirt after identifying himself as a cop. ....

Merely saying "I'm the PO-lice" doesn't mean ****, especially when you are dressed undercover, and especially when you say it in a slang, non-professional vernacular. The fact is that this officer did not show his badge identifying himself as a sworn law enforcement officer until well after the confrontation was underway - just a few seconds before he made physical contact with the "wrapper" [sic].

[GoSkins561]

jMS , since when does a cop have the right to walk up to someone and stick his nose in someone's drink when that person never committed a crime?

Clearly, it was a can of Arizona ice tea which is a non alcoholic beverage, if it was a can of Pepsi would the cop have acted the same way?

[JMS]

Merely saying "I'm the PO-lice" doesn't mean ****, especially when you are dressed undercover, and especially when you say it in a slang, non-professional vernacular. The fact is that this officer did not show his badge identifying himself as a sworn law enforcement officer until well after the confrontation was underway - just a few seconds before he made physical contact with the "wrapper" [sic].

Hell it doesn't. Cop says I'm the Police are you drinking alcohol? Let me see what you are drinking..... and his "slang non-professional vernacular" was a response to "who are you"... the cop says "police".. that was the second sentence out of his mouth....

[Dan T.]

Hell it doesn't. Cop says I'm the Police are you drinking alcohol? Let me see what you are drinking..... and his "slang non-professional vernacular" was a response to "who are you"... the copy says "police".. that was the second sentence out of his mouth....

It doesn't. Until you show your badge, you have not properly identified yourself as an undercover police officer.

[JMS]

jMS , since when does a cop have the right to walk up to someone and stick his nose in someone's drink when that person never committed a crime?

Clearly, it was a can of Arizona ice tea which is a non alcoholic beverage, if it was a can of Pepsi would the cop have acted the same way?

The guy was standing outside of an ABC store and the cop was an alcohol beverage enforcement officer stationed their to make sure folks weren't drinking in the parking lot. I think the cop challenges you if you are drinking a coke, diet coke, Fresca, tab or anything else in that parking lot. I think that's pretty much his entire reason for being there... Hell he might have challenged you if you were drinking milk from a glass.

Again I'm an old fart, If you want to try to be your own lawyer and assert your rights.... you can do that and maybe this guy won't have charges stick after all. Or maybe he will be charged with resisting arrest and get a couple of years in the klink... All because he wanted to assert his rights and make the cops life a little harder. Problem is the Dude wasn't a lawyer, dude iddn't have the right to resist arrest. He very well might be trespassing if a alcohol enforcement officer tells you to leave the parking lot of an ABC store. Either way X could have avoided the entire mess if he had just taken a few seconds and complied even been respectful to the cop... which is always a good policy. You make the cops life harder, he's going to return the favor... you make his life easier, he can be on his way that much quicker.

[Predicto]

I don't speak to or even acknowledge the existence of the cops that live in my neighborhood and if I had kids I wouldn't let them play with a cop's kids. IMO they should be shunned by the rest of society.

That's a very sad attitude to have, IMO.

[JMS]

It doesn't. Until you show your badge, you have not properly identified yourself as an undercover police officer.

Well evidently you are wrong, because X went to jail, and it doesn't sound from the summons like the county is dropping any charges.

[Dan T.]

Well evidently you are wrong, because X went to jail, and it doesn't sound from the summons like the county is dropping any charges.

Well there's the minor detail of the actual trial, which has yet to take place.

[GoSkins561]

Maybe if the guy is a alcoholic beverage enforcement occifer maybe he should learn his beverages?

[JMS]

Well there's the minor detail of the actual trial, which has yet to take place.

Where in the law does it say if you are innocent you can resist arrest?

Where in the law does it say if you are innocent you don't have to comply with a police officer after he has identified himself as a police officer?

It doesn't so X is likely in the wrong... But let's say you are correct and X will be found entirely innocent.. Judge says, you were only drinking tea you had every right to taunt the cop and resist arrest... as unlikely as that might be..

Even then X got royally boned for his trouble. He got pushed down in the dirt, handcuffed, spent a few hundred bucks making bail, and a few hours in the klink. All for being a dick.

IF he would have handed the can over the the cop right away he could have avoided the entire situation... Avoiding the entire situation certainly seems like the best plan.

[No_Pressure]

Hell it doesn't. Cop says I'm the Police are you drinking alcohol? Let me see what you are drinking..... and his "slang non-professional vernacular" was a response to "who are you"... the cop says "police".. that was the second sentence out of his mouth....

This brings to mind a news story that was big in this area a few years ago. Some girl who was walking home from a bar one night was stopped by a man in plain clothes who presented what ended up being a fake badge, had a gun and handcuffs on a holster, and identified himself as a police officer. He told the woman he had reason to believe that she was intoxicated and wanted her to take a sobriety test. She didn't trust that he was actually a cop and started calling for people in the more heavily trafficked area down the street to come up to her aid. The guy got frustrated as others started jogging toward them, hopped in his white unmarked crown vic and sped off.

They think he was the same guy who in an unmarked police car probably bought at an auction, had stopped a girl late one night on an out of the way back-road, asked her to get out of her car to perform a sobriety test, and proceeded to rape her.

Luckily for the first girl I mentioned, she doesn't implicitly trust people in street clothing who identify themselves as police officers.

Where in the law does it say if you are innocent you can resist arrest?

Where in the law does it say if you are innocent you don't have to comply with a police officer after he has identified himself as a police officer?

It doesn't so X is likely in the wrong... But let's say you are correct and X will be found entirely innocent.. Judge says, you were only drinking tea you had every right to taunt the cop and resist arrest... as unlikely as that might be..

Even then X got royally boned for his trouble. He got pushed down in the dirt, handcuffed, spent a few hundred bucks making bail, and a few hours in the klink. All for being a dick.

IF he would have handed the can over the the cop right away he could have avoided the entire situation... Avoiding the entire situation certainly seems like the best plan.

I might be old fashioned, but...

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

[Dan T.]

Where in the law does it say if you are innocent you can resist arrest?

Where in the law does it say if you are innocent you don't have to comply with a police officer after he has identified himself as a police officer?

It doesn't so X is likely in the wrong... But let's say you are correct and X will be found entirely innocent.. Judge says, you were only drinking tea you had every right to taunt the cop and resist arrest... as unlikely as that might be..

Even then X got royally boned for his trouble. He got pushed down in the dirt, handcuffed, spent a few hundred bucks making bail, and a few hours in the klink. All for being a dick.

IF he would have handed the can over the the cop right away he could have avoided the entire situation... Avoiding the entire situation certainly seems like the best plan.

Are you certain we watched the same video?

[JMS]

Maybe if the guy is a alcoholic beverage enforcement occifer maybe he should learn his beverages?

Yeah if you ever get challenged by a police officer, you should tell the officer that.. See what happens.

Like nobody could ever spike a can of Arizona Ice tea.. Like they don't sell hard ice tea. Like they station an alcoholic beverage enforcement officer there because nobody has ever drank in that parking lot before.. The entire concept that the police should do their job and not bother you is absurd. Police are going to bother you, you have to be able to deal with them or they will deal with you.

[rictus58]

someday I'm going to find JMS, simply tell him I'm a cop, without showing any real proof, and proceed to make him do whatever I say.

[JMS]

Are you certain we watched the same video?

What are you claiming didn't occur in my description?

Cop asked for the can a half dozen or more times, reached for it a half zozen times.. X kept pulling it away... Cop sais let me see the can... X "your looking at it"... Cop says I want to read the ingredients reaches for it again... X pulls it away... and reads the name of the beverage to the cop.. Cop let me see it. X I aint doing nothing wrong...

[Dan T.]

What are you claiming didn't occur in my description?

Some random guy in a leather vest asked for the can a half dozen or more times, reached for it a half zozen times.. X kept pulling it away... Random guy sais let me see the can... X "your looking at it"... Weird guy says I want to read the ingredients reaches for it again... X pulls it away... and reads the name of the beverage to the guy .. Guy let me see it. X I aint doing nothing wrong... Later, the guy briefly shows his badge finally identifying himself as a police officer, and only seconds later arrests the man.

Fixed.

[JMS]

someday I'm going to find JMS, simply tell him I'm a cop, without showing any real proof, and proceed to make him do whatever I say.

Hell man, like that hasn't happened to me before? You are a funny guy... I guess it's an inside joke though.