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Public defender arrested for resisting arrest.

Started by Berkut, January 29, 2015, 12:17:19 PM

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Berkut

This is some amazing circular logic here.


"If you don't stop, I will arrest you for resisting arrest".


https://www.youtube.com/watch?v=7qhzdxYnwhg&feature=share
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Baron von Schtinkenbutt


Habbaku

The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

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Liep

What was she being arrested for before resisting it?
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Habbaku

Quote from: Liep on January 29, 2015, 12:27:31 PM
What was she being arrested for before resisting it?

That will be an interesting question for the officer to answer when the inevitable lawsuit starts up.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

-J. R. R. Tolkien

Richard Hakluyt


CountDeMoney

Quote from: Habbaku on January 29, 2015, 12:28:35 PM
Quote from: Liep on January 29, 2015, 12:27:31 PM
What was she being arrested for before resisting it?

That will be an interesting question for the officer to answer when the inevitable lawsuit starts up.

No shit.  Back east, we would call that unlawful arrest and false imprisonment.  And that's not even addressing the ad hoc custodial interrogation of an individual in violation of his civil rights. 

Barrister

Quote from: Berkut on January 29, 2015, 12:17:19 PM
This is some amazing circular logic here.


"If you don't stop, I will arrest you for resisting arrest".


https://www.youtube.com/watch?v=7qhzdxYnwhg&feature=share

Well it's not circular reasoning.  She was arrested for obstructing a police investigation by preventing the police from taking photographs.

I can't comment specifically on merits of the arrest and don't wish to get involved in a deep discussion - just pointing out that it isn't circular reasoning.
Posts here are my own private opinions.  I do not speak for my employer.

Admiral Yi

Quote from: Liep on January 29, 2015, 12:27:31 PM
What was she being arrested for before resisting it?

I think she was arrested for interfering with the cop trying to take the dude's picture.  In other words, the arrest she resisted was not her own.

As to whether that's a legit charge, I have no opinion.

Or what Beeb said. :sleep:

11B4V

QuoteStansbury was one of three officers whose traffic stop of an off-duty black colleague in 2013 led the off-duty officer to file a federal civil rights lawsuit filed against the city. Police officials have said the officers involved had not engaged in racial profiling.
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CountDeMoney

QuoteIt's unclear if Tillotson will actually face charges in the case.

She was released from custody under penal code 849b, Esparza said, which usually means there is insufficient evidence for making a criminal complaint.

It still is an active criminal investigation, however, Esparza said.

"Time is on our side," he said.

Translation:  Since we really can't legally "unarrest" somebody, and catch and release programs only work in environmental conservation, we're going to take our time to think of the appropriate charge to avoid the inevitable lawsuits, like hindering or obstruction, perhaps.

grumbler

Quote from: Barrister on January 29, 2015, 12:33:50 PM
Quote from: Berkut on January 29, 2015, 12:17:19 PM
This is some amazing circular logic here.


"If you don't stop, I will arrest you for resisting arrest".


https://www.youtube.com/watch?v=7qhzdxYnwhg&feature=share

Well it's not circular reasoning.  She was arrested for obstructing a police investigation by preventing the police from taking photographs.

I can't comment specifically on merits of the arrest and don't wish to get involved in a deep discussion - just pointing out that it isn't circular reasoning.

the problem with your reasoning is that the cop who made the arrest wasn't aware of it.  He said that she would be arrested for resisting arrest.  Now, i am sure that you and he could probably sort out his reasons for arresting her, and I am sure that you could convince hin that he made the arrest for your reasons rather than his, but the judge seems unlikely to let you testify.

This may be the dumbest arrest i have ever seen, but the police department's immediate reaction calling it appropriate if far more stupid than the arrest.
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Barrister

Quote from: grumbler on January 29, 2015, 12:46:23 PM
Quote from: Barrister on January 29, 2015, 12:33:50 PM
Quote from: Berkut on January 29, 2015, 12:17:19 PM
This is some amazing circular logic here.


"If you don't stop, I will arrest you for resisting arrest".


https://www.youtube.com/watch?v=7qhzdxYnwhg&feature=share

Well it's not circular reasoning.  She was arrested for obstructing a police investigation by preventing the police from taking photographs.

I can't comment specifically on merits of the arrest and don't wish to get involved in a deep discussion - just pointing out that it isn't circular reasoning.

the problem with your reasoning is that the cop who made the arrest wasn't aware of it.  He said that she would be arrested for resisting arrest.  Now, i am sure that you and he could probably sort out his reasons for arresting her, and I am sure that you could convince hin that he made the arrest for your reasons rather than his, but the judge seems unlikely to let you testify.

This may be the dumbest arrest i have ever seen, but the police department's immediate reaction calling it appropriate if far more stupid than the arrest.

Now, I don't know California criminal law, but what I do know is Canadian criminal law.  We have a provision for resisting arrest - s. 129(a).  It is commonly referred to as "resisting arrest".  But it actually covers a wide scope of conduct well beyond only "resisting arrest".
Posts here are my own private opinions.  I do not speak for my employer.

CountDeMoney

I think we should wait for Martinus to weigh in, and see what other foreigners have to say about another country's criminal justice processes as well.

Eddie Teach

I suspect BB's not far off and that you're being difficult for the sake of being difficult.  :hmm:
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