Were the cops really in the wrong here?

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  • Gilateen
    Banned
    • Oct 2002
    • 2855

    #16
    Re: Were the cops really in the wrong here?

    Why get locked down and put in restraints if you did nothing wrong?

    I see that some havent felt cold steel on their wrists. Not a good feeling.

    Comment

    • RubenDouglas
      Hall Of Fame
      • May 2003
      • 11202

      #17
      Re: Were the cops really in the wrong here?

      so yelling, banging on a window, and not listening is NOT considering doing something wrong. They tie her down without a problem, then she ESCAPES. further escalading the whole situation.

      I guess anything goes in a holding cell.

      Sober state= waiting a few hours listening to everything they say to do and then COMING back when youre free to sue their ***.

      If you did nothing wrong and are sober, ACT like it. wait a few hours. call some people. sue them. but by what she did, she looks like a true criminal

      Comment

      • Shaver
        Legend
        • Jul 2002
        • 10148

        #18
        Re: Were the cops really in the wrong here?

        Originally posted by Gilateen
        Why get locked down and put in restraints if you did nothing wrong?

        I see that some havent felt cold steel on their wrists. Not a good feeling.
        What the hell does that have to do with anything????

        I've been arrested...

        Anyone with a half a brain would be thinking, what can I do to minimize the amount of time that I am in these and/or jail without making it worse.

        This girl:
        A) Resisted... clearly.... guilty or not.... by the letter of the law, she resisted.

        B) She's connected, so all she had to do was calm the **** down and call daddy. The fact that she didn't do that.... she's an idiot.

        To say that MOST Cops are dirty may be the dumbest thing you've ever posted on this board.... and that's an accomplishment because your history is ripe with gems.
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        Comment

        • Gilateen
          Banned
          • Oct 2002
          • 2855

          #19
          Re: Were the cops really in the wrong here?

          Well when others say dumb things and their posts are used as sigs..they get their sigs erased magically...hmmm.

          Dumb is sayin all cops are dirty, I said most. Which is true. Some of the cops became cops cuz they prob couldnt make it doing anything else, they prob was the HS goof, maybe they was the guy who flunked out of basic USMC training.

          Originally posted by Clay_OS
          I've been arrested...
          Plus being arrested for being a john, the police tend to take it easy on you. Knowing that youre sexually frustrated and all.

          Comment

          • MassNole
            Banned
            • Mar 2006
            • 18848

            #20
            Re: Were the cops really in the wrong here?

            Originally posted by RubenDouglas
            why escape and act stupid if youre sober and did nothing wrong.. wait your time and let your dad help you out. instead, she'll get people fired for her actions, some money, and still get her fathers help. Its not like they accused her of murder. She wouldve had her phone call and maybe a night in prison. Being in a sober state of mind, I dont care how vocally abusive they are, you only make it worse by escaping and acting as if there authority means nothing
            Because she was probably scared to death. I don't know how things are where you live, but generally being held in prison or in custody for any period of time when you did absolutely nothing to warrant it isn't kosher. Why should she spend a night in prison because some ******** cop says she was drunk while refusing to giver he a breathalyzer, then throwing her in a cell for violation of a city ordinance. That isn't even remotely Constitutional and is a severe violation of her 14th Amendment rights.

            Even if she was drunk and was lying about that, there was still no reason to arrest her! She can get as rip roaring drunk in her apartment as she wants. The Police can't respond to a call for a noise complaint and pull you out of your house to create the d&o. This was mostly a case involving some ******** cops who can't spell the word college, muchless say attended one that didn't end in the letters CC who were on a power trip and thought they could do as they pleased. I am willing to bet had she complied with the shower those yokels would've been watching her the whole time to save some for the spank bank. I am just amazed anyone can take the cops' side on this when they so clearly violated her Constitutional rights.

            As for her actions after being put in the chair, can someone tell me what she did to warrant the device being used? She didn't seem from the video to be a danger to herself in the cell (where she had no place being to begin with) and if they put the thing on so poorly she could escape from it so easily then obviously the police again screwed up. I don't blame her for suing them, and clearly the cops who arrested in the first place have no business being cops, as it is clear they can't even grasp the most fundamental of our Constitutional rights making me cringe at what these idiots must do when they come across something more complicated like a search and seizure for narcotics. Do they throw you against a wall and pat you down if you rub your nose presuming you're on cocaine?

            I will admit I have a prejudice against stupid police officers, but I have no problems with good ones, too bad these clowns aren't anywhere close to being stupid, they are several rungs below that.

            Comment

            • MassNole
              Banned
              • Mar 2006
              • 18848

              #21
              Re: Were the cops really in the wrong here?

              Originally posted by Clay_OS
              What the hell does that have to do with anything????

              I've been arrested...

              Anyone with a half a brain would be thinking, what can I do to minimize the amount of time that I am in these and/or jail without making it worse.

              This girl:
              A) Resisted... clearly.... guilty or not.... by the letter of the law, she resisted.

              B) She's connected, so all she had to do was calm the **** down and call daddy. The fact that she didn't do that.... she's an idiot.

              To say that MOST Cops are dirty may be the dumbest thing you've ever posted on this board.... and that's an accomplishment because your history is ripe with gems.
              You do know the laws involving resisting arrest are only applicable to proper arrests right (unless Florida is more screwed up than I ever imagined it to be)? In a vast majority of jurisdictions if you are being illegally arrested (which the facts presented tend to strongly support) you can resist the arrest, generally proportional to the force used by the police against you. Now given the force used against her by the police in the video the force she was retaliating with was well within that scope.

              Comment

              • Shaver
                Legend
                • Jul 2002
                • 10148

                #22
                Re: Were the cops really in the wrong here?

                Originally posted by Gilateen
                Well when others say dumb things and their posts are used as sigs..they get their sigs erased magically...hmmm.

                Dumb is sayin all cops are dirty, I said most. Which is true. Some of the cops became cops cuz they prob couldnt make it doing anything else, they prob was the HS goof, maybe they was the guy who flunked out of basic USMC training.



                Plus being arrested for being a john, the police tend to take it easy on you. Knowing that youre sexually frustrated and all.
                I stand corrected... we have a new clubhouse leader...
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                Comment

                • MassNole
                  Banned
                  • Mar 2006
                  • 18848

                  #23
                  Re: Were the cops really in the wrong here?

                  Originally posted by Gilateen
                  Dumb is sayin all cops are dirty, I said most. Which is true. Some of the cops became cops cuz they prob couldnt make it doing anything else, they prob was the HS goof, maybe they was the guy who flunked out of basic USMC training.
                  FWIW, this is most definitely true where I live. However, when I lived in Burlington, VT the cops were required to have at least an Associates or equivalent Military training, and most cops tended to be college graduates. As such, problems like this one didn't really happen.

                  Comment

                  • Shaver
                    Legend
                    • Jul 2002
                    • 10148

                    #24
                    Re: Were the cops really in the wrong here?

                    Originally posted by MassNole
                    You do know the laws involving resisting arrest are only applicable to proper arrests right (unless Florida is more screwed up than I ever imagined it to be)? In a vast majority of jurisdictions if you are being illegally arrested (which the facts presented tend to strongly support) you can resist the arrest, generally proportional to the force used by the police against you. Now given the force used against her by the police in the video the force she was retaliating with was well within that scope.
                    Your information is 100% incorrect. You are not "allowed" a certain margain of resisting. And, resisting arrest is resisting arrest regardless of whether or not I am later to be found guilty or innocent.
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                    Comment

                    • MassNole
                      Banned
                      • Mar 2006
                      • 18848

                      #25
                      Re: Were the cops really in the wrong here?

                      Originally posted by Clay_OS
                      Your information is 100% incorrect. You are not "allowed" a certain margain of resisting. And, resisting arrest is resisting arrest regardless of whether or not I am later to be found guilty or innocent.
                      Florida's statute is actually rather convaluted in this aspect, as the cop needs to be in legal performance of his duties for the resisting the arrest to apply to an unlawful arrest. So that would beg the question if they were acting within their legal duties when they put her in that chair for seemingly no reason.

                      I know in MA there is a provision that gives a defense to resisting arrest for unlawful arrests. when excessive force is used (Commonwealth v. Lender, 2006 Mass. App. LEXIS 550). I guess Florida is more screwed up than I thought when it comes to basic constitutional rights.
                      Last edited by MassNole; 06-07-2006, 11:11 AM.

                      Comment

                      • Shaver
                        Legend
                        • Jul 2002
                        • 10148

                        #26
                        Re: Were the cops really in the wrong here?

                        Originally posted by MassNole
                        Florida's statute is actually rather convaluted in this aspect, as the cop needs to be in legal performance of his duties for the resisting the arrest to apply to an unlawful arrest. So that would beg the question if they were acting within their legal duties when they put her in that chair for seemingly no reason.

                        I know in MA there is a provision that gives a defense to resisting arrest for unlawful arrests. when excessive force is used (Commonwealth v. Lender, 2006 Mass. App. LEXIS 550). I guess Florida is more screwed up than I thought when it comes to basic constitutional rights.
                        But this was not an unlawful arrest...

                        Plus, a charge can easily be moved from "resisting arrest" to "obstructing justice" if a suspect is never arrested but detained and resists.
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                        Comment

                        • MassNole
                          Banned
                          • Mar 2006
                          • 18848

                          #27
                          Re: Were the cops really in the wrong here?

                          Originally posted by Clay_OS
                          But this was not an unlawful arrest...

                          Plus, a charge can easily be moved from "resisting arrest" to "obstructing justice" if a suspect is never arrested but detained and resists.
                          What was she arrested for? Generally (again Florida could be beyond messed up) you cannot be arrested for violation of a city ordinance such as playing music too loudly. If she was arrested for d&o that is unlawful as well given that she was in her apartment where you can get as drunk as you want. Add to that, they cannot prove the arrest was lawful since these idiots refused to give her a breathalyzer test.

                          Comment

                          • MassNole
                            Banned
                            • Mar 2006
                            • 18848

                            #28
                            Re: Were the cops really in the wrong here?

                            The arrestee cannot be convicted under either Fla. Stat. ch. 843.01 or Fla. Stat. ch. 843.02, unless the arrest is lawful. The Florida view is consistent with the common law rule that one who resists an unlawful arrest may not be found guilty of resisting arrest. Of course, if an arrestee uses excessive force, however, he may be guilty of another offense, such as assault or homicide.
                            This is from Burgess v. State, 313 So. 2d 479 (Fla. Dist. Ct. App. 1975). Apparently Florida overturned their old standard around 1976. Always great to overturn intelligent common law rules. I knew I was right as to the Common Law rule on this.

                            Comment

                            • ODogg
                              Hall Of Fame
                              • Feb 2003
                              • 37953

                              #29
                              Re: Were the cops really in the wrong here?

                              Sure you probably can't be arrested for playing music loud but if the cops come to tell you to turn it down and you are drunk and argue with them they can and probably will arrest you for public drunkenness and disorderly conduct.

                              As for the Breathalyzer it's not required by law they give you one in order to arrest you for disorderly conduct, but not giving the Breathalyzer probably would have made their public drunkenness charge be nullified but they still would have had her for disorderly conduct.

                              You guys do know that you don't have to be drunk to get arrested for disorderly conduct right?

                              The bottom line here is her actions in the police custody, not what she was arrested for, even if she was 100% innocent that doesn't give her the right to ignore direct commands. The time and place to protest innocence is in court, not in the jail cell. And they did not tie her up for no reason, they told her to get on her knees and she disobeyed. They probably use that as procedure for entering the cell (get on your knees while we enter) and who knows why they were entering the cell (to giver her dinner perhaps?) but the bottom line is once she refused a direct command she was an out of control prisoner and the police actions afterwards were justified.
                              Last edited by ODogg; 06-07-2006, 11:28 AM.
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                              • Shaver
                                Legend
                                • Jul 2002
                                • 10148

                                #30
                                Re: Were the cops really in the wrong here?

                                I think you are misusing unlawful arest here though...

                                Arresting someone that turns out to be innocent is not an unlawful arrest. Unlawful arrest, I believe, is making an arrest without following the law on things like probable cause, miranda, etc..
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