UC Davis Pepper Spray

Swatcop found this and posted it. It adds a little context to the video that pissed everyone off, including me. You decide if your still mad after this.

I am amused at how the protesters acted like they “won” in the end. And how they loyally quoted that one guy the whole time. I see who was the shepherd of that flock.

Also, put yourself in the cops shoes. They’re outnumbered, and can’t exactly open fire. Its not China here…yet. The possibility of being overwhelmed was there.  That’s my opinion.

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10 thoughts on “UC Davis Pepper Spray

  1. The law is plainly stated in California, that in order to use pepper spray you have to be in immediate danger, period. No protester so much as threw a rock or physically touched any of the officers, they were protesting. And the students that were sitting were only blocking the sidewalk. But before anything else, the cops should have waited for violence or earnestly tried to leave before they used the pepper spray, the officer broke the law too. A police officer has no right to pepper spray you just cause he already caught you speeding once and then decides to pepper spray you for doing it the second time. The students, that were pepper sprayed, did not resist arrest, the officers were not attempting to arrest these students, where was the imidiate threat of danger, did any of the students have any weapons on their person’s when they were arrested and searched???

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  2. http://www.misdefenseproducts.com/Pepper-Spray-Laws-Restrictions-sp-6.html

    Subject to certain restrictions, Section 12403.7 of the Penal Code provides “**any person may purchase, possess or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes**”. The definition of tear gas also includes pepper spray. The restrictions include a prohibition against selling such a unit to a minor, and a provision limiting the size to 2.5 ounces by weight. The misuse of tear gas in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Some examples of misuse include; using tear gas on people in anger, spraying it as a joke, possession of tear gas by prohibited persons; minors, drug addicts or persons convicted of felonies. To be legally purchased, possessed or used in California, any canister must have a label that says “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous–use with care.” The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC, CS or CN. CR is not legal for civilian use.

    another website did say it was allowed in an arresting situation, but as I didn’t not hear the cops say you are under arrest, the officer wasn’t coverd by that clause

    I’m still trying to find a state sponsored site to reference

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  3. http://sanfrancisco.cbslocal.com/2011/11/22/uc-davis-chancellor-discusses-pepper-spraying-officer-details-emerge/

    Ok this is a link to a report with quotations from the UC Davis president, apparently these were not swat officers, these were campus cops. And she specifically told the officers not to use force, or to arrest, they were told to just simply remove the tents… That is why the officers were put on paid leave, they did not follow orders from their own boss apparently….

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  4. Interesting information here both in the post and comments. Mistakes were made all around; the protestors went too far by demanding police release those arrested and the police went way too far by using pepper spray to resolve the situation.

    My daughter got bitten by a dog last night. First the dog growled…once….twice…my kid didn’t back off and *snap* she got it. The dog shouldn’t have snapped – but my kid WAS warned and should have backed down. I see the same thing here – protestors were warned…once…twice…thrice…at what point are they (protestors) responsible for the outcome of their own choices to disobey police orders?

    Yes, officers who disobeyed direct orders from their boss should be punished for it but at the same time, protestors ought to ‘man up’ and take their own share of the blame for what happened and quit trying to spin themselves into some kind of innocent victims.

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  5. Writing before having a chance to see the video as my machine or web access to far too slow to load. Taking the word of the comment contributor Daniel, his quote of the Kalf. penal code sounds plausible and reasonable. To outright spray someone without cause (defending oneself against imminent danger being the cause). Not having the benefit of seeing a Kalf. statute on the enforcer’s use of the spray, I’d believe it is reasonable to assume the enforcer by agency policy or statute may use the spray while subduing one who is actively resisting arrest. Again not seeing the video (it’s still trying to load), I must say the student protesters must exercise their indiv. and absolute rights without interference from government officials, including enforcers. If the protesters decide it being necessary to establish an encampment in order to effectively exercise freedom of speech and right of redress then it is fully within their right to facilitate 1st amend. rights. No one has a duty to obey an unlawful order, including one from an enforcer. Otherwise, if enforcers or anyone else acting unlawfully can control the people. It is too late often to stop the predicate action and go to court to settle the dispute. It renders the 1st Amendment useless and unattainable. For instance, the second amendment to the fed. Constitution applies to Kalf., however the statute forbade the carrying of ammunition along with the arm. This is circumvention of the right and its purpose is to deny Kaliforians of this inalienable right. The Nazi charged the assembly with unlawful assembly, well only a judge can make that determination. The Nazi thug can only accuse but can’t convict. Now turning to the attempt of the protesters to “let them free” is not an infraction nor is it immoral, enforcers have the discretion not to arrest one for an offense less than a felony. So it is plausible these enforcers could oblige the protesters as a good gesture, in the spirit of the 1st amendment and their respective oaths of office (being a state institution, they are charged with the state’s (people’s) police powers. It is unreasonable to take the empty threats of the unarmed protesters “detaining” them since the enforcers were armed defensively with body armor and helmet with face mask/visor and with spray, Trunnion, and sidearms. Couldn’t tell however some enforcers were additionally armed with either a rifle or shotgun. (by the looks a couple may have been shoulder paint guns) I disagree with probably the whole peace crowd on arrests. I’m totally against this notion that you lay down for the enforcer to cuff you, go along like cattle to be slaughtered. This is called legally consensual, agreeing to be arrested as if you had done ill or committed a crime. There must be some resistance to make the arrest nonconsensual yet not so the enforcer will taser or spray the arrestee. At the same time notice the enforcer you don’t consent to this unlawful arrest and committed no crime.
    It is absolutely unreasonable for anyone to hold that in any spontaneous group, including this one, a leader(s) wouldn’t emerge; it’s primarily contrary. Most people are followers. That’s why so many believed in the flat earth theory. I was finally able to view it; did I miss something? I was drawn to view the incident because of the spraying. There was no spraying by anyone. Did this guy who posted the video edit out the spraying? He was so careful in building a case for the oppressors he even showed his extreme prejudice by editing out the whole idea and the crimes perpetrated by these thugs. Seems to this observer the poster of this video is against indiv. rights and for a police state, which is already well in place. The Nazis should have called out the leader(s) to negotiate a settlement & call it a draw. Should the group leaders refuse, all the Nazis could have done to extricate themselves were to arrest about 4 to 5 of those blocking the path & yes spray if necessary while resisting arrest. Didn’t these Nazis make earlier arrests? The thugs were so terrified for their safety, did anyone see any thug draw its sidearm? I get it the protest was over high tuition fees.
    Of course those being abused by the Nazis by my experience in your Kalf. courts, they sadly and regrettably will simply be brushed aside as if nothing happened.

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      • Aloha,
        Aye sir, I did finally get to view the video. It just took a while for my machine to dwnload & view. Mahalo for caring and asking.
        It confirms the U.S. has moved away from the rule of law. I rather doubt regrettably there will be any more chance for non-violent action. I sincerely know the situation will escalate to a fill blown Syrian (Libyan before) style repression & violence. Remember this movement goes to the heart of the state tyranny and control over the people. The shadow ruling elite will not go away lightly; they’ll be fighting for their very survival.

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