Sorry for the Wall of Text that most of you wont read but for those that do, I hope you pass on some helpful information. This all started with some form of Protest but I have not seen exactly what the protest was about. I would also like to point out that Kudos should go to the officers for making certain that this person got their phone back, in one piece and without any accidents happening to it (like factory reset or all information deleted) so that this person can post the video. William Kent makes a moving point about unlawful acts... However: U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), It does not violate the 4th amendment rights of the accused to be REQUIRED by officers to Identify themselves. In Alabama, Failure to identify is a criminal offense. 2006 Alabama Code - Section 15-5-30 — Authority of peace officer to stop and question. Also in the criminal Code: Section 13A-7-4 - Criminal trespass in the third degree. (a) A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises. (b) Criminal trespass in the third degree is a violation. Keep in mind that the person with the camera could be charged as an Accessory to the crime: By law, an accessory can be held as liable as the principle actor who carries out the criminal act (Criminal Law:Lawyer Source). So the question was: What did I do wrong? Answer: Cameraman:Failure to leave in a Timely manner when the officers began to make their arrest and told him to leave. Yes he was heading to his car, HOWEVER, he was also continuing to conspicuously video the situation and was NOT moving in a manner that was anywhere near a normal walking speed. At best he was shuffling to his car and thereby not moving fast enough. He was told by the officer to leave or go to jail, then told by another officer 2 times to leave now. He didnt leave, he played at leaving, he pretended to leave but that was because he didnt believe he would be arrested, which is obvious by the shocked quality of his voice. he told me and I was doing it doesnt include continuing to film, or even rubbernecking the arrest. Guy being Tazed: Failure to Identify and Criminal Trespass. Obviously there are not this many officers Stationed at Wal*Mart. Someone had to call in a complaint. If a representative of the location requests that you leave, and you stay, you are committing the crime of criminal trespass. There is no need on the part of the officer for probable cause because a crime HAS been committed, also there is no need for a Warrant to search the person as they are under arrest. Also Resisting arrest doesnt mean you are fighting the officers only that you are not complying with the officers attempt to arrest you. Standing Strong is just as criminal an act as running away. If you fight the officers then the crime becomes Assaulting an officer. If you grab at their weapon it can become Attempted Murder on an Officer. See how quickly that can escalate? This guy was standing strong and resisting arrest. Officers used what they deemed to be necessary force. They tazed him. Repeatedly. However, would it have been better if they just shot him dead? Better Headlines obviously. It really Irritates me that William Kent points out that a white well dressed lawyer type could have gotten the police to stop and listen. A white well dressed lawyer type, or a Black well dressed politician would have happily identified themselves to the officer right off the bat. And the entire situation would have played out differently. Consider the Number of things that had to happen that led to an Arrest: 1. The person didnt leave the premises when requested of the representative of the premises (Worker or Security) 2. The person didnt Identify themselves to the Police. At this point the officers would then ask why they havent left and explain the law, the persons rights, the properties rights, and reiterate that the person must leave, usually with a warning that if they are seen on the property again that an arrest will be made. 3. The person requested to see the arresting officers identification. That is a television misnomer. They are only required to show their badge. 4. Never, Never, Never, assume you are in the right when officers are involved. Best bet is to follow orders, then get a lawyer, check your facts, and then file a lawsuit for wrongful arrest. There are many Million dollar lawsuits that have been won by people who did exactly that. It is easier than winning the lottery. 5. When Anyone refuses to identify themselves, officers assume that the person is doing so because they have warrants out for their arrest. 6. The person truly believed that his 1st amendment rights had been violated. Causing him to resist arrest. This shows just how uneducated this person is. Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. So exactly where did the officer impinge his Religion, freedom of speech, is he a card caring member of the press, Peaceably assemble or petition for redress? Ok Peaceably assemble, maybe. Also it has been upheld in the courts that Protest by the very nature can be considered not peaceable if done so illegally, that is why many places require a permit to protest. With said permit the protest can expect protection from the police. However that assembly must be on either Public property (possibly with a permit depending on state and local laws and ordinances) or with the permission of the property owner (or their representative) usually in writing. He didnt have either of those going for him. Often people think that they can protest and assemble where ever they want, however this is far from the case and just look at the number of people who have been arrested for protesting thinking that the 1st amendment protects them... Is his 4th Amendment right being violated: Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. But again, Criminal trespass and Failure to Identify are Criminal acts that can lead to arrest. and you lose 4th amendment protections to a point when being arrested. The officers couldnt have gone to his car or into his home and searched based on this situation. However everything he was carrying was searchable once they identified that they were arresting him. That doesnt make everything admissible in court, just searchable. The Cameraman has almost the same failings leading to his own incarceration. People think they know the law, then act accordingly. They get arrested and somehow this is a Civil Rights Violation? Somehow this is a RACE issue? These are officers in a crowded parking lot, Trying to do their JOB. Some half cocked wannabe lawyer is trying to make a Constitutional Case about his RIGHT to remain on what he perceives to be public property. Wal*Mart is Private property, and so is the parking lot, building and surrounding area of any Business. He thought he knew his rights and decided to take things into his own hands. The cops continued to escalate the situation until capitulation is attained, as they are trained, for their own protection and those of the people surrounding the issue. Then when people are told to disperse that generally means you have about 5 seconds to make yourself scarce or be obviously leaving. I watched many people being handled by officers for criminal trespass. Race doesnt matter. The fact is, the officer doesnt want to have to fill out the paperwork involved in making an arrest. Usually it is hey, you need to leave, the propertys authorities dont want you here. People have a choice at this point, either leave...or handcuffs. Fight the handcuffs that you decided on and wresting with the cops or being tazed is the natural result. Yes turning dog and firehouses and what not on people is wrong. I see none of that here. I see a person resisting an arrest because they believe they are in the right and the officers performing the arrest. Be polite, dont argue, and relax, but most importantly, if a cop tells you to leave, Do it. law.justia/codes/alabama/2006/14214/15-5-30.html law.onecle/alabama/criminal-code/13A-7-4.html criminal-law-lawyer-source/.../accessory.html archives.gov/.../bill_of_rights_transcript.html 2006 Alabama Code - Section 15-5-30 — Authority of peace officer to stop and... LAW.JUSTIA.COM
Posted on: Mon, 12 Jan 2015 07:35:23 +0000
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