2009/12/19 frank theriault <[email protected]>: <snip> > > > Right. > > And ~then~ they charge you with resist arrest... > > cheers, > frank > >
I would have thought the cop had to actually be arresting you before you were able to resist arrest. If he simply lays hands on you or even takes hold of you it's still not arrest if the cop hasn't pronounced it or read any rights. Of course the cop could claim you assaulted him but if he physically accosted the "suspect" without formally making an arrest, then his legal ground would be shaky. OTOH if it came to court, the cop's testimony would be the one respected by a judge or jury. Am I the only one here who thinks this photographer was being a bit of an arsehole? Being a professional, he must have known that shopping malls are a legal grey area regarding rights to photograph, being not public property but "privately owned public space". The Santa's Palace or whatever it was called was a commercial operation whose operators would be wary of having their income potential eroded by parents/relatives/friends poaching a sly photo on the side. The Dad's were arseholes because they took the photographer's apology, saw him delete every shot of their kids, and THEN went bleating to the mall cops. Pricks! The cop was an arsehole because he made up the law according to him, ignored the photographers rights and didn't follow a proper formal procedure of arrest. But it comes back to the photographer who, I feel, taunted the cop when discussing the situation. Not smart. regards, Anthony -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
