Why you should not interfere with a LEO

[jks9199]

well lets see, interference with a police officer in performance of his duty, assualting a public safety/ police officer ( same crime in my state.. EMT etc are public safety officers ), resisting arrest... disturbing the peace if they want to be harsh to pile on... yep not a good IDEA!

I do not know of any state in the USA that you have a legal right to resist a police officer.... so even if needed you will be charged I am sure with assaulting an officer and resisting arrest.

Actually, in Virginia (and I believe this is common law principle), you do have the right to resist "unlawful arrest." However... you'd better be damn sure you're right, and that a court will agree as they judge the subjective reasonableness of the officer's actions.

Not exactly something I'd bet my freedom on...

 

[jks9199]

what a chaotic scene..
that chick is lucky she only got one punch then taken down and cuffed...
although I like how the original lady that was going to get arrested used the distraction to get the hell out of dodge... I wonder if she actually got away too?

I'm not sure what the original situation was. I'm honestly not impressed by the officer's tactics initially. I don't know what was up, but I don't get why he seemed to be pressing the girl into another girl in the booth. I'm open to an explanation -- but from the immediate appearances, he wasn't in control of the situation very well.

 

[chinto]

Actually, in Virginia (and I believe this is common law principle), you do have the right to resist "unlawful arrest." However... you'd better be damn sure you're right, and that a court will agree as they judge the subjective reasonableness of the officer's actions.

Not exactly something I'd bet my freedom on...

my understanding is at least in the states around mine and in mine you do not have the right to resist.. though really I would think you should, if it was unlawful...but I have been told that it is not so here.

 

[Carol]

* makes a mental note to avoid IHOPs at 3:14AM on Saturday mornings * :lol:

 

[WC_lun]

It isn't lawful to resist here, even if the officer is completely in the wrong. The original charge would get dropped, but you'd still have a resisiting charge.

Resisting officers just isn't smart. It pisses them off and just makes your life tons more difficult. If an officer is making a mistake, and it happens occasionally, still comply with them. Sort it out later. Yeah, you might have to wear the bracelets for a bit, but isn't that much better than getting slammed around and roughed up? Also, if it is something that must go to trial, you look much better to a jurist if you complied than if you resisited. Resisting makes you look like a criminal either way.

 

[LuckyKBoxer]

It isn't lawful to resist here, even if the officer is completely in the wrong. The original charge would get dropped, but you'd still have a resisiting charge.

Resisting officers just isn't smart. It pisses them off and just makes your life tons more difficult. If an officer is making a mistake, and it happens occasionally, still comply with them. Sort it out later. Yeah, you might have to wear the bracelets for a bit, but isn't that much better than getting slammed around and roughed up? Also, if it is something that must go to trial, you look much better to a jurist if you complied than if you resisited. Resisting makes you look like a criminal either way.

If a cop is unlawfully trying to arrest me, you better be damned sure I am going to resist, and if necessary I am going to exercise my rights with extreme force. I do not see a jury in the world convicting someone of resisting an unlawful civil rights violating arrest. If a cop did, I would fight him, and then I would sue the department for every last cent they are worth. Just because someone has a badge does not make them any less a criminal when they are breaking the law.

 

[jks9199]

It isn't lawful to resist here, even if the officer is completely in the wrong. The original charge would get dropped, but you'd still have a resisiting charge.

Resisting officers just isn't smart. It pisses them off and just makes your life tons more difficult. If an officer is making a mistake, and it happens occasionally, still comply with them. Sort it out later. Yeah, you might have to wear the bracelets for a bit, but isn't that much better than getting slammed around and roughed up? Also, if it is something that must go to trial, you look much better to a jurist if you complied than if you resisited. Resisting makes you look like a criminal either way.

Note, please, that I stated that it's not smart to resist, even if you technically have the right to resist an unlawful arrest. Here's the problem... Worst case scenario, you are truly innocent, and can prove it. Great... The question of authority to arrest isn't whether you can prove your innocence; it's whether there is PROBABLE CAUSE (facts and evidence that would lead a reasonable person to believe it is more likely than not that the accused committed the act in question) to support the arrest. If the officer had PC -- it was a lawful arrest. (By the way, if the arrest is pursuant to a warrant obtained, the cop HAS to arrest you per that warrant.) So... here you are, truly, absolutely innocent, and getting arrested. So you resist. You get thumped in the arrest, and you get charged with resisting arrest. The initial charge is dismissed as you provide your perfect alibi. All is well, right? NOPE. The resisting charge sticks, and you end up doing time.

The best advice I have for anyone who finds themselves being arrested IN THE USA for anything is to go with the program. Address the charges later, probably with the advice of an experienced criminal defense attorney. Otherwise -- all you do is buy yourself problems, and likely injuries.

Drifting back to the incident here -- Carol had a great point. At 3 AM, there are only a few types of folks typically in an IHOP or other all night restaurant. You'll find some cops. You'll find some other night shift workers, or folks who start their day that early. But mostly? You'll find drunks, especially on weekend nights. Folks who left bars, and are hanging out... and have questionable judgement at the moment. Kind of a recipe for unpleasantness, huh?

 

[LuckyKBoxer]

Note, please, that I stated that it's not smart to resist, even if you technically have the right to resist an unlawful arrest. Here's the problem... Worst case scenario, you are truly innocent, and can prove it. Great... The question of authority to arrest isn't whether you can prove your innocence; it's whether there is PROBABLE CAUSE (facts and evidence that would lead a reasonable person to believe it is more likely than not that the accused committed the act in question) to support the arrest. If the officer had PC -- it was a lawful arrest. (By the way, if the arrest is pursuant to a warrant obtained, the cop HAS to arrest you per that warrant.) So... here you are, truly, absolutely innocent, and getting arrested. So you resist. You get thumped in the arrest, and you get charged with resisting arrest. The initial charge is dismissed as you provide your perfect alibi. All is well, right? NOPE. The resisting charge sticks, and you end up doing time.

The best advice I have for anyone who finds themselves being arrested IN THE USA for anything is to go with the program. Address the charges later, probably with the advice of an experienced criminal defense attorney. Otherwise -- all you do is buy yourself problems, and likely injuries.

Drifting back to the incident here -- Carol had a great point. At 3 AM, there are only a few types of folks typically in an IHOP or other all night restaurant. You'll find some cops. You'll find some other night shift workers, or folks who start their day that early. But mostly? You'll find drunks, especially on weekend nights. Folks who left bars, and are hanging out... and have questionable judgement at the moment. Kind of a recipe for unpleasantness, huh?

there is a big difference between probable cause, and an unlawful arrest..
I have no problem with an officer doing his job, and needing to control a situation.
My comments above were based on what I would feel to be a completely unlawful attempt to detain me or arrest me.

 

[jks9199]

there is a big difference between probable cause, and an unlawful arrest..
I have no problem with an officer doing his job, and needing to control a situation.
My comments above were based on what I would feel to be a completely unlawful attempt to detain me or arrest me.

You'd best be absolutely certain. My best advice is that, unless you think they're going to literally kill you as soon as they get you out of sight -- go with the program, and address issues like whether the arrest was lawful or not later. Again -- there may be factors that you don't know about, like a warrant naming you because of identity theft (it's happened...). The cop's job is to WIN and arrest you. He'll do it on his own, or he'll call his buddies. Odds are very good that you'll be hurt.

Or... you can go with the program, and address the basis of the arrest later. And you can still sue the cop and agency, too. Without any lumps...

 

[Josh Oakley]

what a chaotic scene..
that chick is lucky she only got one punch then taken down and cuffed...
although I like how the original lady that was going to get arrested used the distraction to get the hell out of dodge... I wonder if she actually got away too?

She didn't just get punched once. She got slapped hard enough to move her whole body, which is what started the girl hitting.

 

[ATACX GYM]

First of all the woman is at fault for interfering with LEO doing his job.
Are LEOs allowed to use strikes? Whenever I watch COPS and see them take someone down, the LEOs do not trade punches. Instead they restrain them in some way.

Angle 1
http://youtu.be/0Pw-bEwEUvI


Angle 2 with Boba Fett
http://youtu.be/9shJZCnPr9s

Idk what precipitated this event...why were the cops trying to arrest the Black girl in the first place? The answer to that one question may and often does turn an entirely different spin and puts a totally different light on the incident in question.Most people I know--including me--wouldn't attempt to resist arrest unless we had good and sufficient cause to equate the arrest with imminent harm (not just an unjust arrest,IMMINENT HARM) by the police to us or some other person or group we cared for; and the police refused to listen to our version of events.Then and only then would we respond by direct defiance.This has almost never happened in my or my friends' lives.

I am not loving the punch delivered by any of these parties,but the head shot from the cop seemed to be delivered with more malice and firepower than the "Jerry Springer slaps" of the Lady in Black.Some martial arts training and grappling skill would have come in handy here.Do I think that all of the resisting parties should be arrested? Based upon the video evidence,YES.Do I think that the video captured all the salient factors leading to the arrest? Of course not.Do I think that the cops could have and should have handled that incident far better than they did? ABSOLUTELY.To me,based upon what I saw? All parties are to blame...except the little brunette girl that the Black girl fell on while talking to ("I didn't do anything!") and resisting the attempts to arrest her by the cop who punched The Lady in Black.

 

[WC_lun]

I have been arrested by mistake. I knew it was a mistake and explained to the officer that it was a mistake. However, I did not resist, struggle, or make the officer's life difficult in any way. I understood that he had a job to do and if I made his life difficult, he would return the favor. What did happen, because I did not resist and I did treat him with respect, he listened to my explanation, gave me a piece of a fellow officer's birthday cake, did not place me in a holding cell, helped me straighten out the issue, and gave me a ride back to my car. Sure it was an inconvenience, but overall it wasn't a big deal. Would have turned out much different if my attitude had been different.

 

[Archangel M]

http://www.wimsblog.com/2011/05/atlanta-cop-beats-woman-in-ihop/

Read it.

I agree with Wim.

 

[jks9199]

http://www.wimsblog.com/2011/05/atlanta-cop-beats-woman-in-ihop/

Read it.

I agree with Wim.

I like it. Wim doesn't pull punches.

 

[chinto]

there is a big difference between probable cause, and an unlawful arrest..
I have no problem with an officer doing his job, and needing to control a situation.
My comments above were based on what I would feel to be a completely unlawful attempt to detain me or arrest me.

ok some PC drives by your house and says.. hmmm who lives there, I need $50 for something... goes to the library and uses a reverse directory to get your name and gives it to the cops as say ohh some one who has drugs, (illegal stuff, meth or what have you)..or is an illegal weapons dealer. that cop takes that info to the judge, and he swears out the warrant on that perjured statement by the PC... now the cop has a lawful warrant for your arrest. you are not a dealer of weapons or drugs or done anything illegal, and the officer who pulls you over is not even the one who got the warrant. You resist, the charges are proven complete BS... but now your up for resisting arrest and even perhaps aggravated assault on a police officer.. now you are looking at from ohh 5 to possibly 20 years min in a prison... was it worth it? was the cop wrong?

 

[chinto]

http://www.wimsblog.com/2011/05/atlanta-cop-beats-woman-in-ihop/

Read it.

I agree with Wim.

Me to.

 

[ganglian]

First of all the woman is at fault for interfering with LEO doing his job.
Are LEOs allowed to use strikes? Whenever I watch COPS and see them take someone down, the LEOs do not trade punches. Instead they restrain them in some way.

Angle 1
http://youtu.be/0Pw-bEwEUvI


Angle 2 with Boba Fett
http://youtu.be/9shJZCnPr9s

Cops have a hard enough job, you screw with them, the fate is yours

 

[LuckyKBoxer]

ok some PC drives by your house and says.. hmmm who lives there, I need $50 for something... goes to the library and uses a reverse directory to get your name and gives it to the cops as say ohh some one who has drugs, (illegal stuff, meth or what have you)..or is an illegal weapons dealer. that cop takes that info to the judge, and he swears out the warrant on that perjured statement by the PC... now the cop has a lawful warrant for your arrest. you are not a dealer of weapons or drugs or done anything illegal, and the officer who pulls you over is not even the one who got the warrant. You resist, the charges are proven complete BS... but now your up for resisting arrest and even perhaps aggravated assault on a police officer.. now you are looking at from ohh 5 to possibly 20 years min in a prison... was it worth it? was the cop wrong?

gee how is it living in fantasy land?

 

[jks9199]

gee how is it living in fantasy land?

It's not impossible. Unlikely, yeah. But possible.

Consider that about a year, year and a half back, a SWAT team hit the mayor's house in a small MD town for drug dealing. Why? Because a shipment was intercepted, addressed to that house, containing drugs. After a controlled delivery, the package went in, and so did SWAT, pursuant to a valid search warrant. There were lots of mistakes made and problems with the investigation; I'm not defending it or detailing it here. It suffices to say that the mayor was innocent and the LEOs involved ended up looking pretty bad. Not that far from the scenario Chinto posted. And it's not an isolated or unheard of incident. I've been involved in search warrants hitting houses that the target moved out of a few hours before we hit the place...

 

[Kittan Bachika]

I have been arrested by mistake. I knew it was a mistake and explained to the officer that it was a mistake. However, I did not resist, struggle, or make the officer's life difficult in any way. I understood that he had a job to do and if I made his life difficult, he would return the favor. What did happen, because I did not resist and I did treat him with respect, he listened to my explanation, gave me a piece of a fellow officer's birthday cake, did not place me in a holding cell, helped me straighten out the issue, and gave me a ride back to my car. Sure it was an inconvenience, but overall it wasn't a big deal. Would have turned out much different if my attitude had been different.

How was the cake?

And what was the mistake about?