FirmhandKY
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Joined: 9/21/2004
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quote:
ORIGINAL: ConfidencePlays
quote:
ORIGINAL: tazzygirl
Resisting arrest, arguing with a police officer, history of assault, being accused of assaulting another person.....
Okay, there's a few problems with this... namely -everything-.
Resisting arrest will pretty much ensure you're taken in for questioning, and subsequently, more than likely processing. But you're -taken in- -and processed- -in a lawful manner- -without excessive force-. When the cops outnumber you two to one, when they have your hands restrained... when you -aren't- being violent, or combative, there is no justification for that level of violence against you.
Arguing with a police officer - Last I checked, arguing with someone is legal. Or might get you cited for disorderly conduct, depending on your location and the circumstances. It doesn't justify someone striking you in the face. It -certainly does not justify- an officer of the law striking you in the face.
History of assault - A history of assault will put you on a shorter leash, can serve as justification of issuing a search, and keep you from legally owning firearms. Just because I once hit a man doesn't mean a cop is allowed to hit me.
Finally, being accused of assaulting someone? I'm sorry, but last I checked, people in America, even in Los Angeles, are innocent until proven guilty in a court of law.
Even if the cop -sees- you do it, he still has to take you in, process you, and get you in front of a judge. And unless you engage in violence with that officer, he is OBLIGATED to show restraint, to only use as much force as is necessary, and to keep a goddamn cool head about it.
Any officer who is unwilling or incapable of doing this has no business putting on that badge.
I'd say that you don't have a lot of experience with the criminal legal world, and what constitutes "assault" and "resisting arrest"
Good for you!
But displaying you lack of experience can be construed as ignorance. Loudly claiming an opinion that is counter to reality can be seen in an even more negative light.
In most juridictions, laying a single finger on a law officer is assault. Be argumentive with a law officer, and then calmly and slowly touch his or her body with the tip of your finger, and you'll likely be on the ground, cuffed, and arrested. For assault.
And, despite having a fairly negative opinion of many law officers myself, I think this is entirely appropriate, because I've dealt with enough loudmouthed, know-it-alls who will push the line "Just a little bit more".
Get up into a cop's face and breath hard. Touch a cop. Push a cop. Advance towards a cop ... these can all be assault, and you will be treated as a threat and whatever the cop considers "appropriate force" will be applied to prevent you from "pushing just a bit more".
There isn't "innocent until proven guilty" until you are charged. Law officers must be given some leeway and protection from people who can and will escalate and which can result in a much bigger problem, including a dead cop or a dead suspect.
In the great majority of times, the only prudent response to an officers instructions or request is a polite "Yes sir", and immediate compliance. If you do anything else, you have immediately placed yourself in the "possible problem" and "likely dangerous" suspect, and will be treated as such.
Legally and correctly.
Firm
_____________________________
Some people are just idiots.
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RE: LA Cop Punches Special Needs Woman In The Face On A... - 
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