hockeyfan87 Posted March 29, 2013 Share Posted March 29, 2013 And since there were no grounds for an arrest in the first place, even if he was resisting (and what is shown does not meet the test in the case law) he is entitled to resist an unlawful arrest. Link to comment Share on other sites More sharing options...
drdeath Posted March 29, 2013 Share Posted March 29, 2013 The most interesting part was the first officer's accent. Link to comment Share on other sites More sharing options...
Wetcoaster Posted March 29, 2013 Share Posted March 29, 2013 Forgive my ignorance but where does it say a citizen is able to resist arrest when deemed unlawful? And if so how much force is a person permitted to use? I don't dispute what you're saying but just would like to know where such a provision is codified and what it entails. In any case I think it's impossible to say whether the arrest is lawful or not given the edited video that is available. Also I feel that person who published the video to youtube has rather dubious intentions as the police officer's name and badge number are included. Link to comment Share on other sites More sharing options...
-DLC- Posted March 29, 2013 Share Posted March 29, 2013 And since there were no grounds for an arrest in the first place, even if he was resisting (and what is shown does not meet the test in the case law) he is entitled to resist an unlawful arrest. Was just going to ask this....what grounds are there to "arrest" a guy for bicycle infractions that are being ticketed for? Wouldn't seem necessary to take this further than issuing the ticket...then, it's up to the guy if he pays or disputes it. Link to comment Share on other sites More sharing options...
AllHailSmyl Posted March 29, 2013 Share Posted March 29, 2013 And since there were no grounds for an arrest in the first place, even if he was resisting (and what is shown does not meet the test in the case law) he is entitled to resist an unlawful arrest. Link to comment Share on other sites More sharing options...
Wetcoaster Posted March 29, 2013 Share Posted March 29, 2013 Was just going to ask this....what grounds are there to "arrest" a guy for bicycle infractions that are being ticketed for? Wouldn't seem necessary to take this further than issuing the ticket...then, it's up to the guy if he pays or disputes it. Link to comment Share on other sites More sharing options...
Wetcoaster Posted March 29, 2013 Share Posted March 29, 2013 And if he pulled his arm away to grab a concealed weapon? I'd assume the police had no idea who they were dealing with at this point or what could be concealed in his clothing. Just saying. Link to comment Share on other sites More sharing options...
-DLC- Posted March 29, 2013 Share Posted March 29, 2013 And if he pulled his arm away to grab a concealed weapon? I'd assume the police had no idea who they were dealing with at this point or what could be concealed in his clothing. Just saying. Honestly, then that punch would have had little affect other than to probably ensure the guy was mad enough to use it? You can't treat people like they're guilty or punch them because they "might". I'd think a more tactful approach would have been to keep ahold of the guy vs letting go to haul off and punch him? Link to comment Share on other sites More sharing options...
MANGO Posted March 29, 2013 Share Posted March 29, 2013 as I stated, I don't condone what the cop did. But if you want to talk fault , the guy riding his bike at night with no helmet, no lights, and running a red light is at fault for this situation. I still wonder what happened before the video started that warranted having him put into cuffs. Link to comment Share on other sites More sharing options...
Wetcoaster Posted March 29, 2013 Share Posted March 29, 2013 Honestly, then that punch would have had little affect other than to probably ensure the guy was mad enough to use it? You can't treat people like they're guilty or punch them because they "might". I'd think a more tactful approach would have been to keep ahold of the guy vs letting go to haul off and punch him? Link to comment Share on other sites More sharing options...
AllHailSmyl Posted March 29, 2013 Share Posted March 29, 2013 The arrest was unlawful in the first place IMHO. You can make up all sorts of fantasies but they are not rational nor reasonable in these circumstances. in fact you can use a fair degree of force against a police officer trying to enforce an unlawful arrest. R vs Jerron Alexander (Toronto, 2010) – The accused was pulled over by the police for failing to indicate a lane change. During this stop, 27.2 g of crack was found in his car. Constable attempted to arrest accused who got loose and started running. The accused, then, tried to hide $1000 in the ground and jumped over fences in an attempt to evade arrest. He then pulled a board off a fence and used it to assault the constable that was chasing him, by swinging it at him. Judge ruled that the accused’s rights were violated, as the crack was obtained through an illegal search, dismissing the charge of assault on PO, making the arrest unlawful. The constable testified that the crack was located beneath the passenger seat, and that the accused had a record for drugs and assault with a weapon, at the time of the traffic stop. The judge dismissed the constables comments, and went on to say that the accused had a legal right to resist the unlawful arrest, and that waving the board was a reasonable use of force to defend himself against an unlawful arrest as he was unarmed and faced with an armed police officer. Link to comment Share on other sites More sharing options...
Imuzi Posted March 29, 2013 Share Posted March 29, 2013 VPD deserves a Dorner even more than the LAPD did, at least LAPD is, for all its bad rep, usually keeps its unethical behavior confined to gangsters and other trash, and is actually somewhat effective in its intended role. Link to comment Share on other sites More sharing options...
-DLC- Posted March 29, 2013 Share Posted March 29, 2013 As a law abiding person that never plans on hiding illegal items in my vehicle or running from the police, that frustrates me to read. People are pretty lucky these days. What do I care though, the police don't bother me, and if they do I'm smart enough to keep my mouth shut and obey until I get my lawyer call. I can always complain about a false arrest afterwards, after all, isn't that what lawyers are for? Really? When you're riding your bike and haven't really done much wrong you're prepared to hire a lawyer? No. Issue the damn ticket(s) to the guy and let him along on his merry way. I'm SURE cops can find something more productive to do than stir up trouble. Which is basically what this appears to be. Link to comment Share on other sites More sharing options...
Wetcoaster Posted March 29, 2013 Share Posted March 29, 2013 As a law abiding person that never plans on hiding illegal items in my vehicle or running from the police, that frustrates me to read. People are pretty lucky these days. What do I care though, the police don't bother me, and if they do I'm smart enough to keep my mouth shut and obey until I get my lawyer call. I can always complain about a false arrest afterwards, after all, isn't that what lawyers are for? Link to comment Share on other sites More sharing options...
key2thecup Posted March 29, 2013 Share Posted March 29, 2013 Pow right in the kisser Link to comment Share on other sites More sharing options...
JoeyJoeJoeJr. Shabadoo Posted March 29, 2013 Share Posted March 29, 2013 I thought I heard one of the officers say "I thought you said you didn't have ID" as the other officer fished out his wallet? Obviously this guy was being a douche and giving the cops a hard time. Not saying he had the right to hit him but it's not like the incident was unprovoked. So what from what I can gather, the guy broke all of the laws previously stated, refused to produce ID, and resisted as the cops tried to put cuffs on him. The punch may not have been warranted but the arrest might have. Am I the only one who actially watched the whole damn thing? Link to comment Share on other sites More sharing options...
-DLC- Posted March 29, 2013 Share Posted March 29, 2013 Read Wet's post about when you do/don't have to produce ID. To be honest, I don't carry my ID when I'm on my bike and I don't know that I should be expected to... Link to comment Share on other sites More sharing options...
JoeyJoeJoeJr. Shabadoo Posted March 29, 2013 Share Posted March 29, 2013 Read Wet's post about when you do/don't have to produce ID. To be honest, I don't carry my ID when I'm on my bike and I don't know that I should be expected to... Link to comment Share on other sites More sharing options...
-DLC- Posted March 29, 2013 Share Posted March 29, 2013 But what about the scenario I presented?....some people don't CARRY their ID when they're out for a bike ride. So then what? Pretty sure they should just issue the tickets for the infractions then move on. I'm not sure the cop has a right to "fish out" someone's wallet either. Link to comment Share on other sites More sharing options...
JoeyJoeJoeJr. Shabadoo Posted March 29, 2013 Share Posted March 29, 2013 How can you issue a ticket without ID. If that were the case than Joe Schlabotnik would have a few warrants out for his arrest. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.