Pretty hideous
Remember, I do this to entertain me, not you.
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December 20th, 2011 at 11:49 am
I’ve had a few run ins with police when I used to live in a sketchy area of Tucson. Usually they were vigorously looking for some one that looked roughly like me. From this I have learned that the officer is going to do what they please whether you like it or not. The best thing to do is cooperate and be on your best behavior. If arrested, don’t talk and insist on a lawyer. If your rights have been violated, your only recourse is to hire the best attorney you can afford. What ever you do, do not piss off the cop, they WILL own you. Sucks, but it’s true.
December 20th, 2011 at 12:02 pm
. . . as the trial court recognized, the APO statute “prohibits forceful resistance even if the officer’s conduct is unlawful.”
At what point does it become lawful to resist ? When the cop is sodomizing you with a broom ?
December 20th, 2011 at 12:04 pm
You have to smile and take it like a man treefroggy. We have no right to resist…. Of course the reality may end up being different…
December 20th, 2011 at 12:49 pm
Idaho Code recognizes the right to resist.
December 20th, 2011 at 1:10 pm
Georgia code recognizes the right to resist as well. Just be really sure it actually is an illegal search.
December 20th, 2011 at 1:21 pm
Canton, Ohio P.D., Pima County Sheriff’s Dept., Oakland P.D., Washington, D.C. P.D., …… do I have to be an Illegal Alien armed with an ATF supplied weapon to defend myself against the Gestapo nowadays?
December 20th, 2011 at 1:22 pm
NOT saying that Border Patrol Agent was a Jack-Booted Thug, of course!
December 20th, 2011 at 4:24 pm
PA law says that we have no ability to stop an officer in his actions, be they legal arrest or not. Cop could murder someone in cold blood, and legally, you couldn’t do anything about it.
At least that my un-lawyerly understanding of the law.
December 20th, 2011 at 10:39 pm
Balko said “So even if the police illegally stop you, detain you, and beat you, you aren’t permitted to resist. Just roll over and take it. Submit.”
No. File a formal complaint with their agency, file a Civil Rights violation complaint with the FBI (Public Corruption is their #2 priority), SUE THEM AND THEIR AGENCY.
December 21st, 2011 at 10:25 am
Don’t we have a law somewhere hidden in the books in TN that you can resist unlawful police action? I need to dig that up.
December 21st, 2011 at 12:40 pm
You can resist all you want, but you will get the beating and perhaps the murder. And, regardless of how unlawful the police officer’s action was, you have to have incontrovertible proof in court, like full sound and HD video or you lose. If it comes down to you vs. the officer on the stand, you lose, no matter how outrageous his lie is.
Oh, and guess who will be conducting the investigation?
Not to mention, if you resist, that will be probable cause to search you for resisting.
Do not resist, but do not consent. Comply but verbally, politely state you do not consent. Otherwise, you no saying anything while complying will be construed as consent.
And all this only become of value, if you are brought to trial where your lawyer can argue to exclude anything from the search. If you aren’t arrested or prosecuted, there is little you can do except file a complaint and become the target of every cop in town.
December 21st, 2011 at 2:10 pm
One thing, it appears to me the guys agreed to be searched and then changed their minds during the search.
That might have made a difference.
December 21st, 2011 at 2:52 pm
At some point, some SOB who feels he has nothing to lose will be the victim of this sort of thing, and will kill the cop. I suspect it has happened already, but we just don’t know about it.
The authorities should really heed the words of wisdom about not backing someone into a corner with no way to escape.