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UC Davis Pepper Spray Video: What You DIDN'T See

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Bloviating Zeppelin: UC Davis Pepper Spray Video: What You DIDN'T See

Bloviating Zeppelin

(in-ep-toc'-ra-cy) - a system of government where the least capable to lead are elected by the least capable of producing, and where the members of society least likely to sustain themselves or succeed, are rewarded with goods and services paid for by the confiscated wealth of a diminishing number of producers.

Monday, December 12, 2011

UC Davis Pepper Spray Video: What You DIDN'T See

Severely edited videos permeated the MSM and internet for weeks regarding this incident involving OWS people at the UCD campus in Davis, Fornicalia. Please watch the entire video first:

Fornicalia Penal Code section 409 states:

Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.

All Fornicalia officers also know that prior to enacting this penal code section, training indicates you provide at least two verbal warnings -- some agencies provide more.

PC section 404.6:

(a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or violence, or the burning or destroying of
property, and at a time and place and under circumstances that
produce a clear and present and immediate danger of acts of force or
violence or the burning or destroying of property, is guilty of
incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.

405a PC:

The taking by means of a riot of any person from the lawful
custody of any peace officer is a lynching.

405b PC:

Every person who participates in any lynching is punishable
by imprisonment in the state prison for two, three or four years.

Meaning that section 405a PC is a felony, as opposed to a misdemeanor.

Then there is section 410 PC, which should answer the question: "why were the police there at all?"

If a magistrate or officer, having notice of an unlawful or
riotous assembly, mentioned in this Chapter, neglects to proceed to
the place of assembly, or as near thereto as he can with safety, and
to exercise the authority with which he is invested for suppressing
the same and arresting the offenders, he is guilty of a misdemeanor.

Section 416 PC:

(a) If two or more persons assemble for the purpose of
disturbing the public peace, or committing any unlawful act, and do
not disperse on being desired or commanded so to do by a public
officer, the persons so offending are severally guilty of a
(b) Any person who, as a result of violating subdivision (a),
personally causes damage to real or personal property, which is
either publicly or privately owned, shall make restitution for the
damage he or she caused, including, but not limited to, the costs of
cleaning up, repairing, replacing, or restoring the property. Any
restitution required to be paid pursuant to this subdivision shall be
paid directly to the victim. If the court determines that the
defendant is unable to pay restitution, the court shall order the
defendant to perform community service, as the court deems
appropriate, in lieu of the direct restitution payment.

404 PC:

(a) Any use of force or violence, disturbing the public peace,
or any threat to use force or violence, if accompanied by immediate
power of execution, by two or more persons acting together, and
without authority of law, is a riot.

404.6 PC:

a) Every person who with the intent to cause a riot does an
act or engages in conduct that urges a riot, or urges others to
commit acts of force or violence, or the burning or destroying of
property, and at a time and place and under circumstances that
produce a clear and present and immediate danger of acts of force or
violence or the burning or destroying of property, is guilty of
incitement to riot.

407 PC:

Whenever two or more persons assemble together to do an
unlawful act, or do a lawful act in a violent, boisterous, or
tumultuous manner, such assembly is an unlawful assembly.

408 PC:

Every person who participates in any rout or unlawful assembly
is guilty of a misdemeanor.

Armed with those penal code sections, and having watched the video, now yourself being one of the officers present, what might you conclude?

Yet, did you see this story or these penal code sections or reasons portrayed, examined or even remotely referred-to in any of the DEM/MSM?

Of course not.

Please weigh in.


I hope you noted that the same officer who sprayed the protesters is the same officer who, at 7:50, went down the line and explained to them -- again -- what would occur if they didn't get up and leave. Also note: this isn't just a line level officer; this is a lieutenant -- who took on the ultimate responsibility and action himself.

Megyn Kelly and Bill O'Reilly opine:

And now I opine: Megyn Kelly is correct. OC, otherwise known as Oleoresin Capsicum, is derived from a plant that occurs in nature: pepper.

Further, any law enforcement officer knows that a crowd can easily go sideways in a matter of moments, from allegedly peaceful to violent. Had that been myself in charge, I would not have forced my officers to physically pick up and move protesters. I would have had my officers either utilize the riot-sized OC spray (which the lieutenant possessed) and/or place pain/compliance holds on the protesters depending on officers' level of familiarization with same. My job, as supervisor in this situation, is not to get my officers hurt whilst still enforcing the law.

I've personally been Maced and OC'd before, numerous times. Purposely, in the academy's Gas House, and inadvertently by any multiple utilizations of Mace or OC by my fellow officers. I lived. So did all the students.

[Thanks, Chris, for the discovery!]


Blogger Well Seasoned Fool said...

Looks like professional police work to me. Unlike Berkeley in 1968 when long wooden staves were used.

Imagine all the war stories this will generate in the years to come.

Sun Dec 11, 08:04:00 PM PST  
Blogger TexasFred said...

I didn't know the California codes but I knew the officer was quite correct in his actions...

Should have had the giant economy sized can, and several spares...

Sun Dec 11, 10:36:00 PM PST  
Blogger Ducky's here said...

Yeah, it's a food product, Megan.

So is ricin, maybe they should have used that.

Mon Dec 12, 04:57:00 PM PST  
Blogger Old NFO said...

Ah... The REST of the story, which will never be heard by the masses (if they even cared)... It might upset their 'perceptions'!

Mon Dec 12, 05:38:00 PM PST  
Blogger Greybeard said...

Police forces are gonna have to find a way to videotape EVERYTHING that happens on EVERY shift. Even then, lefties will find a way to lie about what happens.

I see this leading to two outcomes, neither of which we're gonna like:

1. L.E. jobs become so unattractive to normal human beings, (risk/time vs. pay) that no one wants to take that career path.

2. L.E. officers start realizing the risks they have to take are not worth the remuneration and start resorting to graft (ala Mexico) in order to supplement their incomes.

Liberals force us into these outcomes, then will be the first to cry about the reality they have created.

I was amazed and disappointed when I became a Deputy Sheriff to find how many guys strapped on the holster and put on the badge mostly because they wanted to be "authority figures" and drive fast, lights and siren.
This situation will get FAR worse before it gets better.

Bizarro world.

Mon Dec 12, 06:50:00 PM PST  
Blogger Average American said...

These so-called students sure are a gigantic waste of the tax dollars being spent to teach them something. I am confident that they learned more in that riot than they do in their studies, mainly that there are consequences for one's actions, and they aren't always nice. Also, some learned that being pepper-sprayed sucks, BIG TIME!

I think the police showed immense self-control. I would have given a lot less warnings than they did. Those young pukes got a much-needed and well-deserved lesson!

Tue Dec 13, 05:37:00 AM PST  
Blogger mrchuck said...

In my early days on the job, we used "cattle prods" to move out the sitting down protesters.

If you have ever been "prodded", then you will ALWAYS remember it for the rest of your life.

Ahhhh, the good old days,,,,

Wed Dec 14, 06:53:00 AM PST  
Blogger Bloviating Zeppelin said...

Greybeard: you've hit it. Those are the two alternatives I see in the offing -- primarily #1.

When you have a job with working conditions such as experienced in LE, with the coming reduced benefits and wages, those jobs will either go wanting or the criteria and standards for employment will plummet drastically.


Wed Dec 14, 07:36:00 AM PST  

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