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-   -   Opinion from Cockytalk legal dept, please (http://www.cockytalk.com/showthread.php?t=204302)

uscgmck 02-22-2014 01:49 PM

Opinion from Cockytalk legal dept, please
 


http://www.theblaze.com/stories/2014...-in-handcuffs/

Sir Cuss 02-22-2014 02:15 PM

Re: Opinion from Cockytalk legal dept, please
 
I'm no attorney, but if a state law has a requirement of showing ID upon request by an authority, you have to show the ID. Later, you could challenge the law as unconstitutional in federal courts, I assume.

As far as resisting arrest, you can't resist arrest until you're under arrest. Whether or not the officer's grabbing of her arm constituted arrest will be up for debate in court probably. Likely, with the subjective factors (such as running, headphones, not seeing the cop), the court will probably rule she was not under arrest and, therefore, could not be resisting.

RULE OF THUMB: It doesn't matter if you don't like the cops, you have to abide by the law. Later (or prior to arrest, provided an injury to you or your interest is imminent) you can challenge the law and the conviction/charge.

Again, I'm no attorney or law-educated person, but this seems like a situation where the charges will be dropped and the arrestee may later (a) challenge the statute/ordinance requiring the providing of ID and (b) bring suit for her injuries resulting from the arrest.

GoCCUChants 02-22-2014 02:23 PM

Re: Opinion from Cockytalk legal dept, please
 
Quote:

Originally Posted by Sir Cuss (Post 4094539)
I'm no attorney, but if a state law has a requirement of showing ID upon request by an authority, you have to show the ID. Later, you could challenge the law as unconstitutional in federal courts, I assume.

As far as resisting arrest, you can't resist arrest until you're under arrest. Whether or not the officer's grabbing of her arm constituted arrest will be up for debate in court probably. Likely, with the subjective factors (such as running, headphones, not seeing the cop), the court will probably rule she was not under arrest and, therefore, could not be resisting.

RULE OF THUMB: It doesn't matter if you don't like the cops, you have to abide by the law. Later (or prior to arrest, provided an injury to you or your interest is imminent) you can challenge the law and the conviction/charge.

Again, I'm no attorney or law-educated person, but this seems like a situation where the charges will be dropped and the arrestee may later (a) challenge the statute/ordinance requiring the providing of ID and (b) bring suit for her injuries resulting from the arrest.

Don't the comments of the article say that Texas doesn't require ID?

The Yancey 02-22-2014 03:52 PM

Re: Opinion from Cockytalk legal dept, please
 
Quote:

Originally Posted by Sir Cuss (Post 4094539)
I'm no attorney, but if a state law has a requirement of showing ID upon request by an authority, you have to show the ID. Later, you could challenge the law as unconstitutional in federal courts, I assume.

As far as resisting arrest, you can't resist arrest until you're under arrest. Whether or not the officer's grabbing of her arm constituted arrest will be up for debate in court probably. Likely, with the subjective factors (such as running, headphones, not seeing the cop), the court will probably rule she was not under arrest and, therefore, could not be resisting.

RULE OF THUMB: It doesn't matter if you don't like the cops, you have to abide by the law. Later (or prior to arrest, provided an injury to you or your interest is imminent) you can challenge the law and the conviction/charge.

Again, I'm no attorney or law-educated person, but this seems like a situation where the charges will be dropped and the arrestee may later (a) challenge the statute/ordinance requiring the providing of ID and (b) bring suit for her injuries resulting from the arrest.

While being counter intuitive in Florida you most certainly can be charged with resisting arrest without violence without being arrested. It happens daily here.

ultimatetailgater 02-22-2014 04:06 PM

Re: Opinion from Cockytalk legal dept, please
 
Seems like they went a little overkill on her but I wish Columbia would start cracking down on jay walkers. Main and Assembly Street are horrible.

COCKDIESEL 02-22-2014 04:08 PM

Re: Opinion from Cockytalk legal dept, please
 
I think this might end up like the girl in Pickens that got arrested for not returning the video tape. By the letter of the law it went down right but common sense needs to come in from a judge and drop the charges.

Sir Cuss 02-22-2014 04:47 PM

Re: Opinion from Cockytalk legal dept, please
 
Quote:

Originally Posted by The Yancey (Post 4094573)
While being counter intuitive in Florida you most certainly can be charged with resisting arrest without violence without being arrested. It happens daily here.

What type of "arrest" are you talking about?

Because you don't have to be handcuffed to be under arrest. You simply have to be stopped and in a situation where you're, in some manner, under the control or direction of an officer.

CockNBlythewood 02-23-2014 01:18 AM

Re: Opinion from Cockytalk legal dept, please
 
That was the worst video ever. Why not just show the video? What's up with the Siri-like voice? And the stupid special effects?

Acockolypse Now 02-23-2014 02:41 AM

Re: Opinion from Cockytalk legal dept, please
 
I saw the video.

Those cops are assholes.

JerseyBird 02-23-2014 08:14 AM

Re: Opinion from Cockytalk legal dept, please
 
Quote:

Originally Posted by CockNBlythewood (Post 4094910)
That was the worst video ever. Why not just show the video? What's up with the Siri-like voice? And the stupid special effects?

This, this, this and this.

Was gonna say get the legal department after whoever put this together for a crime against filmmaking.

GamecockInHell 02-23-2014 09:49 AM

Re: Opinion from Cockytalk legal dept, please
 
When the cop grabbed her it was not an arrest. It was a detainment. There is a difference. And in most states it is possible to also detain someone for up to 72 hours if they refuse to identify themselves. However, whilethis is not Russia and citizens are not required to carry ID on them, it might not be a bad idea.
I think the girl sues, public opinion is with her and bad things happen to the cops who may have let their testoterone get the better of them.

GoCCUChants 02-23-2014 11:17 AM

Re: Opinion from Cockytalk legal dept, please
 
Quote:

Originally Posted by CockNBlythewood (Post 4094910)
That was the worst video ever. Why not just show the video? What's up with the Siri-like voice? And the stupid special effects?

Video is in the article.

USC65 02-23-2014 12:56 PM

Re: Opinion from Cockytalk legal dept, please
 
Most cops are there to serve the public, but there is a significant percentage that are nothing more than "bullies with a badge" and they cast a pale over the others. They need to be weeded out quickly.

JaxcockFL 02-23-2014 06:26 PM

Re: Opinion from Cockytalk legal dept, please
 
You guys want to read about bad cops, Google brazil police death squads.

Makes you happy to get pushed around by bubba with a badge.


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