Public defender arrested for resisting arrest.

[Berkut]

Well, maybe there is some legal detail here that a simple layman doesn't understand, but to arrest someone for resisting arrest, there would need to be another charge to warrant said arrest for them to resist.

She wasn't being arrested for anything when he said he was going to arrest her for resisting arrest. The charge, under plain English, cannot stand on its own. I could certianly see it in conunction with some other charge of course. Like, you are being arrested for pissing on the sidewalk, and you resist THAT, so now you get another charge.

But she was not doing anything he objected to other than not letting him take pictures. Is taking a picture of her client an arrest such that not letting him do so is resisting it?

[grumbler]

Well, maybe there is some legal detail here that a simple layman doesn't understand, but to arrest someone for resisting arrest, there would need to be another charge to warrant said arrest for them to resist.

She wasn't being arrested for anything when he said he was going to arrest her for resisting arrest. The charge, under plain English, cannot stand on its own. I could certianly see it in conunction with some other charge of course. Like, you are being arrested for pissing on the sidewalk, and you resist THAT, so now you get another charge.

But she was not doing anything he objected to other than not letting him take pictures. Is taking a picture of her client an arrest such that not letting him do so is resisting it?

Apparently, in Canada, you don't have to be resisting arrest to get arrested for resisting arrest, on account of s. 129(a) allowing arrests for resisting arrest when one isn't resisting anything.

In California, I doubt that this is true.  If she were to be arrested for, say, obstructing justice, I'd still see it as a stupid arrest, but not one so moronic or damaging to the reputation of the police.

Turns out that she was apparently released after an hour because the arresting officer failed to show up to file a complaint.

[grumbler]

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

I suspect that this was a stupid arrest, and that BB's defense of it is motivated not by his conviction that it is a proper arrest, but by his conviction that he has to support The Man in all cases where the competence of The man is called into question.

[Admiral Yi]

Well, maybe there is some legal detail here that a simple layman doesn't understand, but to arrest someone for resisting arrest, there would need to be another charge to warrant said arrest for them to resist.

She wasn't being arrested for anything when he said he was going to arrest her for resisting arrest. The charge, under plain English, cannot stand on its own. I could certianly see it in conunction with some other charge of course. Like, you are being arrested for pissing on the sidewalk, and you resist THAT, so now you get another charge.

But she was not doing anything he objected to other than not letting him take pictures. Is taking a picture of her client an arrest such that not letting him do so is resisting it?

In plain English, "resisting arrest" does not specify who's arrest is being resisted.

[Eddie Teach]

I suspect that this was a stupid arrest, and that BB's defense of it is motivated not by his conviction that it is a proper arrest, but by his conviction that he has to support The Man in all cases where the competence of The man is called into question.

He's not really defending it though.

[Berkut]

Well, maybe there is some legal detail here that a simple layman doesn't understand, but to arrest someone for resisting arrest, there would need to be another charge to warrant said arrest for them to resist.

She wasn't being arrested for anything when he said he was going to arrest her for resisting arrest. The charge, under plain English, cannot stand on its own. I could certianly see it in conunction with some other charge of course. Like, you are being arrested for pissing on the sidewalk, and you resist THAT, so now you get another charge.

But she was not doing anything he objected to other than not letting him take pictures. Is taking a picture of her client an arrest such that not letting him do so is resisting it?

In plain English, "resisting arrest" does not specify who's arrest is being resisted.

So what arrest was she resisting then?

[Berkut]

Turns out that she was apparently released after an hour because the arresting officer failed to show up to file a complaint.

There needs to be some kind of consequence for this - the police cannot be allowed to imprison people simply to get them out of their way, then "not file a complaint" and call it a day.

If there are grounds for charging her, then charge her. If there are not, then what the officer did is potentially criminal.

This reminds me of the New Orleans cops who arrested the football official.

[Admiral Yi]

So what arrest was she resisting then?

Like I said, the dude who's photo the copper was trying to take.

[KRonn]

Turns out that she was apparently released after an hour because the arresting officer failed to show up to file a complaint.

She must have had a good Public Defender working on her case....   

[derspiess]

I bet she used the "Do you know who I am??" defense.

[Martinus]

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.

Well, you know what I think about cops.

[garbon]

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.

Well, you know what I think about cops.

Tackle 'em?

[Berkut]

So what arrest was she resisting then?

Like I said, the dude who's photo the copper was trying to take.

So taking someone's picture is arresting them? Is this really the justification you are going with?

[Barrister]

Turns out that she was apparently released after an hour because the arresting officer failed to show up to file a complaint.

There needs to be some kind of consequence for this - the police cannot be allowed to imprison people simply to get them out of their way, then "not file a complaint" and call it a day.

If there are grounds for charging her, then charge her. If there are not, then what the officer did is potentially criminal.

This reminds me of the New Orleans cops who arrested the football official.

But discretion in charging is an important part of policework.  It happens all the time.  Police come upon the scene of what appears to be a crime.  They arrest the person who appears to be committing a crime.  Then they investigate further only to determine that no crime was in fact being committed.

And there are consequences.  There are police complaint procedures in every jurisdiction.  In addition to that, a person can file a civil lawsuit.

[CountDeMoney]

The smart cop does it out in the parking lot.  But what the fuck do I know.