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RE: Unlawful Arrest - 8/2/2015 9:49:01 PM   
Zonie63


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From: The Old Pueblo
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quote:

ORIGINAL: BamaD
When you sue you hit not just the officers actions but whatever in his department/city that made him think his actions were justified.


That may not solve the problem, though. They might pay monetary damages and discipline the individual officer. Perhaps they might pledge better education and training for officers, but the same problems keep cropping up.


(in reply to BamaD)
Profile   Post #: 21
RE: Unlawful Arrest - 8/3/2015 12:22:31 AM   
crazyml


Posts: 5568
Joined: 7/3/2007
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quote:

ORIGINAL: MichaelAgaAymes

A quick suggestion - I won't bore people with a full here and now.

A rule, regulation, act, statute, decision or precedent only applies to those who consent to its application. If that consent is unfairly obtained it is not given. The assumption that a citizen consents to the rules is made unfairly as no option to register non-consent is provided without penalty. Therefore no police officer, judicial officer or legislature has any lawful power over anyone not-consenting of their own free will and in full and complete understanding of what they are asked to consent to. All law is therefore unlawful.


Hilarious. So you buy all that fuck witted "freeman" nonsense? Good luck with that.



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Profile   Post #: 22
RE: Unlawful Arrest - 8/3/2015 1:03:35 AM   
KenDckey


Posts: 4121
Joined: 5/31/2006
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There are those of us that are on the left
There are those of us that are on the right
There are even those of us that are in the middle (warning - falling can rip your groin area off on all that barbed wire)
But where the hell did this come from? Where do they stand? or do they just bend over and take it up the ass? LOL

(in reply to crazyml)
Profile   Post #: 23
RE: Unlawful Arrest - 8/3/2015 1:45:51 AM   
Oneechan


Posts: 50
Joined: 8/31/2012
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quote:


So a person is allowed to be 'Judge and Jury' and preside over another's murder without penalty.....


You're only "allowed" by the universal law of Might Makes Right, in the sense that you are allowed to kill anyone at all if you're strong or well armed enough.

A court will decide, after the fact, whether or not your actions at that time were justified.

(in reply to joether)
Profile   Post #: 24
RE: Unlawful Arrest - 8/3/2015 7:36:41 AM   
Lucylastic


Posts: 40310
Status: offline
comply and sue later...yeah...that could work...it doesnt always
Kalief Browder, Held at Rikers Island for 3 Years Without Trial, Commits Suicide
Kalief Browder was sent to Rikers Island when he was 16 years old, accused of stealing a backpack. Though he never stood trial or was found guilty of any crime, he spent three years at the New York City jail complex, nearly two of them in solitary confinement.

In October 2014, after he was written about in The New Yorker, his case became a symbol of what many saw as a broken criminal justice system. Mayor Bill de Blasio cited the article this spring when he announced an effort to clear the backlogs in state courts and reduce the inmate population at Rikers.

For a while, it appeared Mr. Browder was putting his life back together: He earned a high school equivalency diploma and started community college. But he continued to struggle with life after Rikers.

On Saturday, he committed suicide at his parents’ home in the Bronx.

Jennifer Gonnerman, the author of the article in The New Yorker, said in an interview on Monday that it appeared he was never able to recover from the years he spent locked alone in a cell for 23 hours a day.
http://www.nytimes.com/2015/06/09/nyregion/kalief-browder-held-at-rikers-island-for-3-years-without-trial-commits-suicide.html?_r=0

This came out months ago, its horrendous. ANd shows just how MUCH of the system is broken, and affects the poor and minorities the worst.
its fine to blame them for their own arrests and deaths, as long as you dont have to admit that the system(cops, jails, wrongful arrests, lawyers, judges, sentencing, overcrowding, for profit prisons, juvies, etc etc.) is cracked.


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Profile   Post #: 25
RE: Unlawful Arrest - 8/3/2015 10:43:13 AM   
joether


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Joined: 7/24/2005
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quote:

ORIGINAL: Real0ne
I suppose you could claim sovereign citizens are dangerous since they created the constitution.


Seeing as the 'sovereign citizen movement' is only 20 years old, and the nation itself over six times that; I'll take it as a guess that sovereign citizens didn't create the US Constitution. More so, I think the guys whom sided the actual piece of paper had more to do with the US Constitution's crafting.

quote:

ORIGINAL: Real0ne
Supreme court 1795:
Vanhorne v. Dorrance

The Constitution is the work or will of the People themselves, in their original, sovereign, and unlimited capacity.

Law is the work or will of the Legislature in their derivative and subordinate capacity.

The one is the work of the Creator, and the other of the Creature.


Did you read the actual case to which your taking things out of context? No of course not! You just see something that 'looks good' and do not bother to understand the full text of the judgement. What your 'arguing here' is much different from the case in the OP.

The court case is about the validity of a deed signed in our around 1754. The OP is regarding something totally different.

The Constitution is only unlimited from the stand point of the creative and innovative minds in the Legislation. Why is that? Because they are the ones creating the laws in the first place.

quote:

ORIGINAL: Real0ne
yeh the king of England said that too.


After 1776, the King of England's views were no longer the issue.....

quote:

ORIGINAL: Real0ne
I tend to agree to an extent that trials are conducted unde political labels to taint the facts.


Your welcome to your delusions so long as they do not over step other people's rights or the law itself!

quote:

ORIGINAL: Real0ne
Yes cnn fox, definitely the epitomy of credibility!


I didn't say FOX 'news', did I? CNN has on more than one occasion explained a news story that was incorrect, giving the correct information and then apologizing? When was the last time we heard FOX 'news' say anything good about the President, Democrats and liberals? I rest my case...

quote:

ORIGINAL: Real0ne
but joe if its legal to defend yourself against an officer actiing illegally how to that add up to your doing something illegal?


Your 'resisting arrest' helps mask that officer's actions. On the street and in the court room. Its not what you think is legal or not legal, its what you can PROVE in a court of law. In that court, your accusing the police officer of doing something illegal. You hold the burden of proof to show that "...beyond a shadow of doubt...".

Try to follow along:

A police officer breaks into your house and plants dope on you, then arrests you. In the court you state he planted the dope. Who has to prove guilty? You do! At the same time, the jury understands that all criminals will try....ANYTHING....to avoid going to jail; including putting blame on the arresting officers. This nation learned that even the police have to be monitored constantly. This is to make sure the 'bad cop' population stays to a tiny a group as possible. If later someone else is arrested in the same circumstances, and the officer(s) later found guilty of doing so, your lawyer can demand a retrial given the new evidence of the corrupt cop's actions.

The law is not perfect, but it tries hard.

quote:

ORIGINAL: Real0ne
yes many people do think they know the law, none here ever heard of what I posted just look at the shock and dismay, yet these are court decisions.


In Post #7 you stated, and I quote: "Yes joe, thats why many people today know more about the law than the police arresting them. Think about it joe you have real life sheriffs that go up against these road nazis."

Does look like quite the opposite from what you stated before, doesn't it?

An I was the one that pointed out that you were wrong before.....

quote:

ORIGINAL: Real0ne
Do you think the cited cases were decided any differently than the ones you claim are your cases though I was not able to find any posted by you?


Lets see if I get this straight...

Why should find cases that state the ones you state can not be strung together, out of context, that allows you legal justification to kill police officers on the delusional perspective they are doing wrong doing?

Better idea....

How about you make a rational, reasonable, intelligent, and educated argument.

(in reply to Real0ne)
Profile   Post #: 26
RE: Unlawful Arrest - 8/3/2015 10:47:31 AM   
joether


Posts: 5195
Joined: 7/24/2005
Status: offline
quote:

ORIGINAL: Zonie63
quote:

ORIGINAL: BamaD
When you sue you hit not just the officers actions but whatever in his department/city that made him think his actions were justified.

That may not solve the problem, though. They might pay monetary damages and discipline the individual officer. Perhaps they might pledge better education and training for officers, but the same problems keep cropping up.


Why did The Civil Rights Act of 1964 come into existence? To place into laws, how the legal system would deal with citizens after the states failed to accomplish things to a reasonable manner....

(in reply to Zonie63)
Profile   Post #: 27
RE: Unlawful Arrest - 8/3/2015 11:41:02 AM   
kdsub


Posts: 12180
Joined: 8/16/2007
Status: offline
But Lucy the courts have ruled you must submit to an arrest even if unlawful. In the case RealOne loves to quote it turns out the sheriff did not tell the man he was under arrest before he hit him with a club...That would be unlawful force. If you were a cop and came up to me and started beating the hell out of me without telling me I am under arrest I could then resist... that is if i could convince a court I was not told I was under arrest...but i wouldn't.

As to the miscarriages of justice you quote there is no excuse or justification but this is a separate issue from the arrest. As to the case of the University officer it will be up to a jury whether he used unlawful force.

Butch

< Message edited by kdsub -- 8/3/2015 11:44:13 AM >


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Profile   Post #: 28
RE: Unlawful Arrest - 8/3/2015 12:50:48 PM   
Real0ne


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and in the bland case encina assaulted her before telling her why or what she was being arrested for where then she demanded 14 more times and he never did tell her what she was being arrested for.

get da fuck otta da car because I said so is not a lawful order.

they do that so they have plenty of time to think up a reason they can make stick in court. meanwhile you are being booked without knowing why.

sounds fair to me.



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Profile   Post #: 29
RE: Unlawful Arrest - 8/3/2015 12:52:41 PM   
Real0ne


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quote:

ORIGINAL: joether

quote:

ORIGINAL: Zonie63
quote:

ORIGINAL: BamaD
When you sue you hit not just the officers actions but whatever in his department/city that made him think his actions were justified.

That may not solve the problem, though. They might pay monetary damages and discipline the individual officer. Perhaps they might pledge better education and training for officers, but the same problems keep cropping up.


Why did The Civil Rights Act of 1964 come into existence? To place into laws, how the legal system would deal with citizens after the states failed to accomplish things to a reasonable manner....



of course that speaks more to the illegitimate and wrong doing of the states than the point you are trying to make.

_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to joether)
Profile   Post #: 30
RE: Unlawful Arrest - 8/3/2015 1:23:18 PM   
NorthernGent


Posts: 8730
Joined: 7/10/2006
Status: offline
quote:

ORIGINAL: Real0ne

Since so many posting here appear to believe that any order given by a law enforcement officer stands as the supreme law it is not true. In fact its so far from true you can legally waste an officer operating outside his jurisdiction under certain circumstances.



It is certainly not true in England and this principle is enshrined in Common Law, which I think informs your own laws to an extent?

The following is from an American article but gives a sense of how Common Law works with regard to unlawful arrest.

In 1710. the Queen’s Bench ruling re-confirmed the common law right to forcefully resist an unlawful arrest. Queen v. Tooley (1710). Anne Dekins was quietly walking down the street when Police Officer Samuel Bray saw her on the street and began to haul her away. Apparently Dekins had a used rather forceful language in past encounters with Officer Bray. Dekins forcefully resisted and screamed for help, resulting in the intervention of a group of men who witnessed the entire incident, led by a man named Tooley. They confronted Bray and demanded to know what he was doing to the woman. The Officer Bray produced his official credentials and insisted that he was making a lawful arrest for “disorderly conduct.” When witnesses disputed that description, Bray called for backup.
Tooley and his associates ordered Bray to release the woman, and then took action to enforce that lawful order. After Bray’s partner was killed in the ensuing struggle, Tooley and his associates were arrested for murder. The trial court threw out the murder charge, ruling that the warrant was defective. Since the arrest was unlawful, the court pointed out, Dekins had a right to resist – and bystanders likewise had a right, if not a positive duty, to assist her. The defendants were eventually found guilty of manslaughter by jury trial, but quickly freed by the court.

The court ruled that, in trying to enforce an invalid warrant, Bray “did not act as a constable, but a common oppressor”. Tooley and the other bystanders were properly “provoked” by the act of aggressive violence against Anne Dekins, and their forceful but measured response – first demanding that the abductor release the hostage, then exercising defensive force to free her – was entirely appropriate. Lawless violence against the helpless, the Court continued, “is a sufficient provocation to all people out of compassion” in any circumstance, “much more where it is done under a colour of justice, and where the liberty of the subject is invaded….” Such an act carried out by a law enforcement official is nothing less than “a provocation to all the subjects of England.” Every Englishman “ought to be concerned for Magna Charta and the laws. And if any one against the law imprison a man, he is an offender against Magna Charta.”


< Message edited by NorthernGent -- 8/3/2015 1:24:14 PM >


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Profile   Post #: 31
RE: Unlawful Arrest - 8/3/2015 1:33:25 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline
quote:

ORIGINAL: joether

quote:

ORIGINAL: Real0ne
I suppose you could claim sovereign citizens are dangerous since they created the constitution.


Seeing as the 'sovereign citizen movement' is only 20 years old, and the nation itself over six times that; I'll take it as a guess that sovereign citizens didn't create the US Constitution. More so, I think the guys whom sided the actual piece of paper had more to do with the US Constitution's crafting.

quote:

ORIGINAL: Real0ne
Supreme court 1795:
Vanhorne v. Dorrance

The Constitution is the work or will of the People themselves, in their original, sovereign, and unlimited capacity.

Law is the work or will of the Legislature in their derivative and subordinate capacity.

The one is the work of the Creator, and the other of the Creature.



Did you read the actual case to which your taking things out of context? No of course not! You just see something that 'looks good' and do not bother to understand the full text of the judgement. What your 'arguing here' is much different from the case in the OP.

The court case is about the validity of a deed signed in our around 1754. The OP is regarding something totally different.

The Constitution is only unlimited from the stand point of the creative and innovative minds in the Legislation. Why is that? Because they are the ones creating the laws in the first place.

How about you make a rational, reasonable, intelligent, and educated argument.



joe, what you are reading is the required statements of supporting ('authoritative' historical evidence [FACTS] ) that was compiled by and [thankfully for people like yourself] explained by the justices that was an element in making the decision for the case.

So do you in the year 2015, feel you are in a better authoritative position than a supreme court justice back in 1795, which is incidentally the precise time period of the creation of the constitution, to tell us its meaning, or the status of the creators? really joe?

I'm sure its a tough pill to swallow after years of condemning and ridiculing those who champion individual sovereignty. Hell even the terry case a few years back they mention it. I posted that too. Looks to me like you are cherry picking.

Joe the constitution was not created by legislation, didnt you read? Legislation is the derived creature of the creator. That means 'under' and the creator is the people in their unlimted individual sovereign capacity. I dont know how much more clear he can be.

I dont know how many more ways I can explain this to you joe.


< Message edited by Real0ne -- 8/3/2015 1:37:32 PM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to joether)
Profile   Post #: 32
RE: Unlawful Arrest - 8/3/2015 1:45:32 PM   
Real0ne


Posts: 21189
Joined: 10/25/2004
Status: offline

quote:

ORIGINAL: NorthernGent

quote:

ORIGINAL: Real0ne

Since so many posting here appear to believe that any order given by a law enforcement officer stands as the supreme law it is not true. In fact its so far from true you can legally waste an officer operating outside his jurisdiction under certain circumstances.



It is certainly not true in England and this principle is enshrined in Common Law, which I think informs your own laws to an extent?

The following is from an American article but gives a sense of how Common Law works with regard to unlawful arrest.

In 1710. the Queen’s Bench ruling re-confirmed the common law right to forcefully resist an unlawful arrest. Queen v. Tooley (1710). Anne Dekins was quietly walking down the street when Police Officer Samuel Bray saw her on the street and began to haul her away. Apparently Dekins had a used rather forceful language in past encounters with Officer Bray. Dekins forcefully resisted and screamed for help, resulting in the intervention of a group of men who witnessed the entire incident, led by a man named Tooley. They confronted Bray and demanded to know what he was doing to the woman. The Officer Bray produced his official credentials and insisted that he was making a lawful arrest for “disorderly conduct.” When witnesses disputed that description, Bray called for backup.
Tooley and his associates ordered Bray to release the woman, and then took action to enforce that lawful order. After Bray’s partner was killed in the ensuing struggle, Tooley and his associates were arrested for murder. The trial court threw out the murder charge, ruling that the warrant was defective. Since the arrest was unlawful, the court pointed out, Dekins had a right to resist – and bystanders likewise had a right, if not a positive duty, to assist her. The defendants were eventually found guilty of manslaughter by jury trial, but quickly freed by the court.

The court ruled that, in trying to enforce an invalid warrant, Bray “did not act as a constable, but a common oppressor”. Tooley and the other bystanders were properly “provoked” by the act of aggressive violence against Anne Dekins, and their forceful but measured response – first demanding that the abductor release the hostage, then exercising defensive force to free her – was entirely appropriate. Lawless violence against the helpless, the Court continued, “is a sufficient provocation to all people out of compassion” in any circumstance, “much more where it is done under a colour of justice, and where the liberty of the subject is invaded….” Such an act carried out by a law enforcement official is nothing less than “a provocation to all the subjects of England.” Every Englishman “ought to be concerned for Magna Charta and the laws. And if any one against the law imprison a man, he is an offender against Magna Charta.”




right! good post!

that is known as 'piercing the corporate veil' where not only the corporation but he also becomes personally liable.




_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to NorthernGent)
Profile   Post #: 33
RE: Unlawful Arrest - 8/3/2015 3:33:48 PM   
PeonForHer


Posts: 19612
Joined: 9/27/2008
Status: offline
quote:

The problem with cops is that they seem to have this delusional idea that they must assert their dominance and authority no matter what. That's always their top priority - even before whatever law enforcement function they're presuming to fulfill. That's why all this business about "following lawful orders," since any kind of defiance of that kind of authority must be dealt with in the harshest possible way. But that's more due to an ego problem and also caused by the state's insular indifference.


I think it goes way, way beyond an ego problem, Zonie. I think it goes to an entire worldview. T W Adorno studied it in his book 'The Authoritarian Personality' (1950). Cops see the world as made up of those in authority - at various grades in a hierarchy - and those who should follow that authority. In this view everything would fall apart should people fail to accept this world of control and under-control and their place in it. I have no doubt at all that most cops, most of the time, don't actually know what the rules are. They just 'know' that people should be doing what they, the cops, tell them to do, and that is that - because 'anything else is chaos'.

Also adhering to this worldview, but on the flipside, are those who absolutely assume that everyone should *follow* authority. They take it for granted that people just must do what they're told by the those 'in command'; they also assume that if there's any dispute between an authority figure and a person who should be following said authority, it'll be the latter who's almost certainly in the wrong. The mere fact of someone questioning a cop shows that there's something very suspect about the person doing the questioning.


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Profile   Post #: 34
RE: Unlawful Arrest - 8/4/2015 7:47:16 AM   
Zonie63


Posts: 2826
Joined: 4/25/2011
From: The Old Pueblo
Status: offline

quote:

ORIGINAL: PeonForHer

quote:

The problem with cops is that they seem to have this delusional idea that they must assert their dominance and authority no matter what. That's always their top priority - even before whatever law enforcement function they're presuming to fulfill. That's why all this business about "following lawful orders," since any kind of defiance of that kind of authority must be dealt with in the harshest possible way. But that's more due to an ego problem and also caused by the state's insular indifference.


I think it goes way, way beyond an ego problem, Zonie. I think it goes to an entire worldview. T W Adorno studied it in his book 'The Authoritarian Personality' (1950). Cops see the world as made up of those in authority - at various grades in a hierarchy - and those who should follow that authority. In this view everything would fall apart should people fail to accept this world of control and under-control and their place in it. I have no doubt at all that most cops, most of the time, don't actually know what the rules are. They just 'know' that people should be doing what they, the cops, tell them to do, and that is that - because 'anything else is chaos'.


Yes, I've encountered this viewpoint a lot. In many ways, it's very similar to the gangster philosophy that one must never show weakness and one must meet any and every challenge to one's manhood. Nothing can ever be forgiven, and revenge must always be served cold. Clearly, the law enforcement community has spent too much time in bed with the Mob if they actually believe their own rhetoric. It's the tyrant's creed.

It might different if they could actually demonstrate proven success through this philosophy. But in practice, all they really end up doing is fucking with regular citizens who are not dangerous and not any significant threat to society. They're so quick to flex their muscle and show how rough and tough they are to weaklings, yet when they come up against someone really tough or powerful, they just don't have the same level of self-righteous zeal. Gangsters and mobsters have been able to operate in this country with absolute impunity, and where have the cops been? Handing out parking tickets?

They might have a point if we actually had a safe, law-abiding society, but we don't. Cops will bend over backwards to protect big-time criminals, while sticking it to the little guy every chance they get. That they believe to not do so would lead to "chaos" speaks volumes about their mindset.

quote:


Also adhering to this worldview, but on the flipside, are those who absolutely assume that everyone should *follow* authority. They take it for granted that people just must do what they're told by the those 'in command'; they also assume that if there's any dispute between an authority figure and a person who should be following said authority, it'll be the latter who's almost certainly in the wrong. The mere fact of someone questioning a cop shows that there's something very suspect about the person doing the questioning.


I could see it if there's some sort of crisis, emergency, or any type of situation where there's a clear and present danger. If there's a fire, and a firefighter is giving out orders, then he/she is doing so to save lives. Or if it's a doctor at an emergency room, it's the same kind of thing. Likewise for the Captain of a ship, General on the battlefield, etc. I can accept all that, but there's a line that has to be drawn somewhere.

I don't think people really question authority as much as they used to. I recall when I would occasionally see bumper stickers that said "Question Authority," but I can't even remember the last time I saw one.

I think the compulsion to "follow authority" probably is a holdover from the idea of submitting to religious authority. People were once conditioned to follow the authority of the church - just because. A badge is not unlike a religious icon. ("We don't need no stinkin' badges!") It's the same with judges wearing black robes. Do they think they're priests or something? A lot of people seem to look at it that way.

It's kind of a paradox in a way. I've noticed that many of the same people who are devoted to following authority are the same people who fear "big government" is interfering in their lives. Maybe they wouldn't fear government so much if they actually had the balls to thumb their nose at it once in a while (and support others who do).

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Profile   Post #: 35
RE: Unlawful Arrest - 8/4/2015 8:55:00 AM   
joether


Posts: 5195
Joined: 7/24/2005
Status: offline
quote:

ORIGINAL: Real0ne
joe, what you are reading is the required statements of supporting ('authoritative' historical evidence [FACTS] ) that was compiled by and [thankfully for people like yourself] explained by the justices that was an element in making the decision for the case.


And your stringing together a pile of cases to make a justification to kill a police officer legally. I'm pointing out that misusing facts to push a political ideology that is against the rules of law, are not allowable.

quote:

ORIGINAL: Real0ne
So do you in the year 2015, feel you are in a better authoritative position than a supreme court justice back in 1795, which is incidentally the precise time period of the creation of the constitution, to tell us its meaning, or the status of the creators? really joe?


The status of the creators? Dead. That you can not seem to understand that fine point shows the limitations of reality you use.

If your going to be accused of being arrogant by someone misinterpreting the law, be arrogant! Yes. Last I checked the founding fathers didn't know many things back in the 18th century. Ask them what 'rifling' is? Or how many states would be in the nation in 2015? Or the numerous issues with the 1st, 2nd, 4th, 5th, 6th, 8th, and 10th amendments in 2015? What was their knowledge base on science and engineering? Did they have satillites taking photos of Pluto in the late 18th century?

You have to say 'yes', on all of them to counter me. Go ahead, I'd love to see the argument.....

quote:

ORIGINAL: Real0ne
I'm sure its a tough pill to swallow after years of condemning and ridiculing those who champion individual sovereignty. Hell even the terry case a few years back they mention it. I posted that too. Looks to me like you are cherry picking.


There is a BIG difference between individual freedoms as understood in the US Constitution, and individual sovereignty as under the Articles of Confederation. For starters, the US Constitution is the law of the land, not the other document. The Constitution explains that while people have freedoms, they do not have an....unlimited.....freedom. For example, you can not use the 1st amendment to defend yourself in court by saying your free to shout 'FIRE' in a crowded theater.

Individual sovereignty is what those sovereign citizens 'push'. Usually its "What right does one man have in pulling over another man?" Answer: The police officer has arresting powers by the state this moron is in, by the state and granted under the US Constitution and federal laws. That the Constitution explains it has power over all persons found under its domain. But also the limitations of that power. Your individual sovereignty ends were: 1 ) Mine begins, and 2 ) Where we decided as a nation. You dont like it, renounce your citizenship and get the fuck out of my nation!

quote:

ORIGINAL: Real0ne
Joe the constitution was not created by legislation, didnt you read? Legislation is the derived creature of the creator. That means 'under' and the creator is the people in their unlimted individual sovereign capacity. I dont know how much more clear he can be.


Oh really? Your at odds with history. The Articles of Confederation severed to give the initial frame work for the nation. That allowed legislators into existence so that the US Constitution could be formed and put into law.

You do not have an unlimited sovereignty under the law. Because if you did, you could walk around killing people in bombings and shootings and no one in law enforcement could do anything about it. Try it sometime and see if your dead or jailed for it.....

In order for your 'twisted' logic to be true, you could do it. What's stopping you? Your argument is bullshit. You know it, I know it, and everyone else besides sovereign citizens knows it. Which is....WHY....they are often in trouble with the law.

quote:

ORIGINAL: Real0ne
I dont know how many more ways I can explain this to you joe.


I'm not insane. My doctor even tells me that when asked. You really can't explain insanity to a sane person. Just as helping a insane person handle reality to make a full recovery.

(in reply to Real0ne)
Profile   Post #: 36
RE: Unlawful Arrest - 8/4/2015 10:05:33 AM   
NorthernGent


Posts: 8730
Joined: 7/10/2006
Status: offline
quote:

ORIGINAL: joether

And your stringing together a pile of cases to make a justification to kill a police officer legally. I'm pointing out that misusing facts to push a political ideology that is against the rules of law, are not allowable.



No. He's making an entirely reasonable point.

Realistically, no one is going to attempt to kill a policeman.

We have a decent enough relationship with them here, and we don't particularly go in for the 'pigs' line. We appreciate they have a job to do and do it quite well in the main.

But, no one is going to let them have the power to haul us off the streets.

I'm aware of instances here where people have actually tried to arrest the police and take them down the station for questioning because they have over-stepped the mark.

Providing people, including the police, are reasonable then that's not a problem and the way it should be; but once they start arresting people with no just cause then that's a different matter.

The whole point is that the police are there to uphold the law, and there's nothing worse than hypocrisy.

Clearly, in practice killing a police officer will be more often than not a case of murder, but in the event of unlawful arrest you are more than within your rights to resist using reasonable force.

Fortunately, we have a very good police force and part of the reason is that they know the rules and they know that we know the rules. The rules being: 'fair and reasonable'.

Edited to add: once a police officer starts operating outside of his duty, then you're in the realm of self-defence and all that that entails. No different to someone trespassing on your property.


< Message edited by NorthernGent -- 8/4/2015 10:11:00 AM >


_____________________________

I have the courage to be a coward - but not beyond my limits.

Sooner or later, the man who wins is the man who thinks he can.

(in reply to joether)
Profile   Post #: 37
RE: Unlawful Arrest - 8/6/2015 4:03:41 AM   
joether


Posts: 5195
Joined: 7/24/2005
Status: offline

quote:

ORIGINAL: Real0ne


quote:

ORIGINAL: joether

quote:

ORIGINAL: Zonie63
quote:

ORIGINAL: BamaD
When you sue you hit not just the officers actions but whatever in his department/city that made him think his actions were justified.

That may not solve the problem, though. They might pay monetary damages and discipline the individual officer. Perhaps they might pledge better education and training for officers, but the same problems keep cropping up.


Why did The Civil Rights Act of 1964 come into existence? To place into laws, how the legal system would deal with citizens after the states failed to accomplish things to a reasonable manner....


of course that speaks more to the illegitimate and wrong doing of the states than the point you are trying to make.


The states had a responsibility to handle the understandings of the federal system. Behaving as idiots on one subject area while being fulling proficient in others is a bullshit argument. Those states knew they were still pushing 'crap' level of government. To which the federal system stepped in and corrected things.

The Americans with Disabilities Act forced all government buildings to place easy access points for those in wheel chairs. For years and decades before, states would not make access to a building possible for those in wheel chairs. So here is a group of Americans, being discriminated for no fault of themselves. The states could not perform the requirements of 'equal access to all' for government; so the federal government stepped in.

(in reply to Real0ne)
Profile   Post #: 38
RE: Unlawful Arrest - 8/6/2015 4:43:42 AM   
joether


Posts: 5195
Joined: 7/24/2005
Status: offline
quote:

ORIGINAL: NorthernGent
quote:

ORIGINAL: joether
And your stringing together a pile of cases to make a justification to kill a police officer legally. I'm pointing out that misusing facts to push a political ideology that is against the rules of law, are not allowable.

No. He's making an entirely reasonable point.


Your not understanding what he is trying to argue.

quote:

ORIGINAL: NorthernGent
Realistically, no one is going to attempt to kill a policeman.


Then you.....REALLY.....do not understand the criminal mind set. Never heard of cop killers? Or even that 1986 movie "Robocop"? Go find what happens to Officer Murphy in the first twenty or so minutes of the movie.

quote:

ORIGINAL: NorthernGent
We have a decent enough relationship with them here, and we don't particularly go in for the 'pigs' line. We appreciate they have a job to do and do it quite well in the main.


Yet, there are people that view police officers as 'jack booted thugs serving an evil government'. And people that view 'the ends justify the means'; if they kill local police, no one will fuck with them! There have been a few militia groups arrested whom had plans and weapons for killing everyone at a police station. Then attacking the funeral procession when there would be many more police officers.

Yes, sane, rational, stable, law-abiding, mature people do not even consider stuff like this. Their police are good people. Some even know them. Or live with one.

quote:

ORIGINAL: NorthernGent
But, no one is going to let them have the power to haul us off the streets.


Actually the police does have "...power to haul us off the streets.". However they can only do so in selection situations and criteria. This is stuff we have learned over time and through experience. The founding fathers never came up with 95% of this knowledge. Through trial and error. Even through lost.

Ever watch police officers pull someone over? They park their cruiser in such a way so that the suspect's car is more to the right of the road than the cruiser. That way a motorist can not cruise by, and sideswipe the officer on the road. They would hit the cruiser first. Why do they do this? Many examples of police officers being attacked.

quote:

ORIGINAL: NorthernGent
I'm aware of instances here where people have actually tried to arrest the police and take them down the station for questioning because they have over-stepped the mark.


Your including the many more individuals whom are dead for trying this? Particularly using force, because the police officer was making a lawful arrest/stop that the individual was not knowledgeable of?

There is a story of a female officer arresting an officer from another town because he broke traffic laws. Ever since she has gotten threatening phone calls.

Yes, while you technically could arrest a police officer; its VERY dangerous. Better to ask for a supervisor or take the matter to court than to confront the police officer directly.

Trying to use some weird legal string of court cases, like RealOne was doing; will not help your case in court.

quote:

ORIGINAL: NorthernGent
Providing people, including the police, are reasonable then that's not a problem and the way it should be; but once they start arresting people with no just cause then that's a different matter.


Yes, and those people get arrested. If the Prosecutor is good, they'll terminate the arrest and apologize to the victim. If it goes to a court, the judge will terminate the case. Because such a thing opens the town/city/state up to civil damages. An we are not talking just a few hundred bucks either.

quote:

ORIGINAL: NorthernGent
The whole point is that the police are there to uphold the law, and there's nothing worse than hypocrisy.


Look at it from their perspective (which RealOne fails to accomplish): What happens when they loose the public's good will and good faith? The list of 'beheadings', firings, and headaches will drag on for six months easily. The more violent or unconstitutional the situation; the worst it gets. One only needs to look at Ferguson and Baltimore.

quote:

ORIGINAL: NorthernGent
Clearly, in practice killing a police officer will be more often than not a case of murder, but in the event of unlawful arrest you are more than within your rights to resist using reasonable force.


Really? Your now 'Judge, Jury, and Executioner'?

Try it, let me know from your 'life term in jail' how that 'argument' worked for you.....

You kill a police officer you better have some....FUCKING AWESOME EVIDENCE....to back up your story. Like proving God from the Christian religion exists with scientific evidence! Anything less and your going to jail.

Even if you did not kill the police officer, you attacked them. Again, you need to have evidence that is more than 'you said, he said'. Juries tend to side with the police when the defendant's lawyer is trying to state the police officer is wrong.

quote:

ORIGINAL: NorthernGent
Fortunately, we have a very good police force and part of the reason is that they know the rules and they know that we know the rules. The rules being: 'fair and reasonable'.


Really? 'fair and reasonable'? Go ask your local police officers what the ACTUAL RULES they have to abide by. Your going to find your simplistic answer, is just that: simplistic. Naive. Clueless. The rules they have to abide by are numerous, in-depth, complicate, complex. They have to be able to determine an active shooter from a 'kid with a airsoft gun' within a two second delay. They have to know a wide variety of skills. An their behavior is constantly monitored (as is their bank accounts, and friends).

If we were to subject normal citizens to the same criteria as we do police officers; not many citizens could handle the pressure before they broke. If we required firearm owners to the same requirements as our police; there would be a HUGE reduction in accidental shootings and mass shootings. Again, most firearm owners could not handle that sort of pressure to perform.

quote:

ORIGINAL: NorthernGent
Edited to add: once a police officer starts operating outside of his duty, then you're in the realm of self-defence and all that that entails. No different to someone trespassing on your property.


There is a difference between some guy trespassing on your property, and the police doing so; the police might have a reason, but can not state directly to you (for any number of good, rational reasons). You open fire on them; they are allowed to open fire on you. They'll call for backup. If you haven't surrendered by that point, they'll kick in the door, flashbang your ass. Handcuff and drag you off to jail. During your trial, there *will be* individuals that start off 'hang ya high". You/your lawyer has to convince them that your the victim of an unfair event by the police. That person will go into the jury room, and convince them you and your lawyer are both lawless, evil, scumbags; but they'll have to settle with sending just one of those two to prison. Guess which one that will be?

Yeah, police do unlawful things at times. However, there is a way to handle things without escalating the situation. There is no 'one size fits all'. Unless you approach things correctly; your going to jail for a LONG TIME.

Should we worry about 'bad cops' or 'crooked cops' when they do the evil deed? Or through training and then monitoring through many systems? There is no fool-proof system; but those in place seem to do a good job right now.

(in reply to NorthernGent)
Profile   Post #: 39
RE: Unlawful Arrest - 8/6/2015 1:02:54 PM   
NorthernGent


Posts: 8730
Joined: 7/10/2006
Status: offline
quote:

ORIGINAL: joether

Really? Your now 'Judge, Jury, and Executioner'?



'Suppose I am to an extent. Along with my neighbours.

Ultimately, when the police arrest you unlawfully they have unlawfully taken away your liberty. Be my guest in the event you think that's a price worth paying because a couple of police officers get killed every now and again.



_____________________________

I have the courage to be a coward - but not beyond my limits.

Sooner or later, the man who wins is the man who thinks he can.

(in reply to joether)
Profile   Post #: 40
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