Cops are people just like you and me. The difference is that we go
through life pretty much living the rules of common sense, with a
little bit of knowledge about the laws in our area of the world.
Cops are taught the laws they are expected to enforce, and all the
tricks their teachers, buddies, and their bosses pass on to them along
the way should they have to bend them. Their compatriots, and the
judges, and the prosecutors, know the language of the court. And they
will take advantage of the poor schmucks that in some way cross them
at some point in the process of discussion and arrest.
This is why, on a program I was pointed to by others on this list
recently, the final word to us poor schmucks is: "Do not say a word to
anyone, ever, between "Excuse me sir" or "Hey you!"" and the chance
you get to ask for a lawyer. Then nothing more until you are alone
with your lawyer. Only tell your lawyer the truth, and only what
relates to this particular situation. Write everything down when you
get a chance. Everything. Do not give that to anyone except your
lawyer. Ask that a copy be kept for you.
On Dec 18, 2009, at 17:46 , frank theriault wrote:
On Fri, Dec 18, 2009 at 8:10 PM, Anthony Farr
<[email protected]> wrote:
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.
You're arrested when the cop says, "you're under arrest". He then
tells you what the charges are and only then has to inform the accused
what his rights are..
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.
Exactly! Cops, who as close to professional witnesses as there are,
know that they'll be believed in court, and know what they need to say
to a judge to make sure a charge sticks. Now, before someone accuses
me of saying that police are all liars, that's not what I'm saying.
The vast majority of cops are great guys and ladies, doing a very
difficult, thankless job. That being said a small majority are
assholes and will play the system to secure wrongful convictions.
Doesn't happen all that much, but it does happen.
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.
I thought the photog was most reasonable, showing the mall cops and
the concerned dad his photos and deleting them in front of them. The
cop had no reason to talk to him. I don't blame the photographer for
being pissed of at that point. Pointing the camera at the cop wasn't
the brightest thing to do, and maybe he was being something of an
arsehole at that point, but I kind of don't blame him.
But it comes back to the photographer who, I feel, taunted the cop
when discussing the situation. Not smart.
Agreed
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