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| Kid gets tazered at a john kerry rally for asking a quesiton. | ||
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| Wildcard23 |
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Registered Member #514
Joined: Wed Dec 20 2006, 06:33AMPosts: 1067 |
Amped wrote ... What was the reason for his being arrested? You'd have to ask the officers that filed charges against him. The posted video shows you absolutely squat with what happened up to about 10 seconds before police attempted to escort him away from the microphone. Former Presidential candidates still receive Secret Service detachments and rules are tight whenever you are dealing with Secret Service. Town Hall forums usually have specific guidelines before entering that are published by the Secret Service advising something like "Upon entering the premises you are subject to search of property, you may only ask one question, you may be asked to leave for any reason, etc etc. Upon entering the premises, you understand and agree to comply with all said rules and regulations." Something like that. The posted video is crap since it is only showing absolutely nothing of what led up to incident. Prior behavior and actions is extremely important. Like I already said, he more than likely violated the regulations for the town hall meeting. This is pure speculation but he may have been asked to calm down or only ask one question or something else. I say that because he had two cops standing behind him which is not normal. They took position there probably from his behavior and/or at the direction of the Secret Service. From what I saw in the video, his behavior was extremely irrational. He was using a higher tone in his voice, had his body bladed off towards the stage which is a sign of preparation for wanted engagement, and his overall restlessness and inability to stand still while he attempting to garnish support from the crowd over what he is saying. End Result - Breach of the Peace, Attempted Breach of the Peace, Disorderly Conduct, and Inciting a Riot. That's only a start of the list as I don't know what other specific state laws are applicable where they were and what federal laws fall under the jurisdiction of the town hall meeting. At this point, he was attempted to be removed from the spot where he was inciting a riot. (See above for probable cause basis.) As SOON as the officers placed hands on him, he immediately asked "What are you arresting me for?" This would lead me to believe that he was told by the two officers that he was under arrest but I can't hear the officers from the video. However, any officer knows to advise them they are under arrest. Police do NOT have to advise the reason for the arrest under the situation is under control and you are in custody. He resisted the officers on multiple occasions. Even going so far as to put his hands up when they lost positive control of him and then starting to flail his elbows around again wildly once they regained control in an attempt to break free of the officers. I'm going to take a minute right here to say the officers used shitty control. He should have been taken right down to the ground with an arm bar and the officers should have control maintained on his arm while a knee was placed on his neck so that he could be handcuffed or have tension applied to his shoulder via the arm until he complied with the orders. But different areas train differently and I don't know what type of training they had. Back to the video. He continued to PHYSICALLY resist being taken into custody despite the NUMEROUS orders he received from MULTIPLE officers. He was warned to comply with the orders or be tazed which was the escalation of non-lethal force before being actually tazed to assist with compliance. He even begged to not be tazed but continued to not comply with the orders resulting in the taze. At one point in the video, you hear him say "I'm walking out of here." He had already been advised he was under arrest and was resisting arrest. This shows willingness to escape from custody. Add that charge on to the top. All in all, the officers on scene did their job and effected an arrest of the suspect. Amped wrote ... Aren't there Supreme Court cases that protect a citizen's right to resist arrest if in fact the arrest is unlawful? Yes. There are Supreme Court cases that advise has a citizen has the right to resist an unlawful arrest. HOWEVER, those cases have also addressed the issue of who has legal experience. A citizen or a cop. Cops spend 6 months learning the law. Attorneys spend 3 years. A Judge spends years as an attorney before being selected to sit as a Judge. A citizen spends close to zero besides learning their basic rights. The Supreme Court has addressed these issues in their findings. If an officer is wrong about an arrest, would you want to fight him that results in escalation of force or would you be taken into custody peacefully and then sue for false arrest? Compliance strengthens a civil lawsuit for false arrest and the Supreme Court has upheld that the normal citizen has ZERO legal presence. Hell, cops at 6 months worth of training don't know everything about the law and neither do attorneys at 3 years. BUT cops and attorneys have studied and show a pattern through academic tests of understanding the basics of law. No one learns all the ins and outs of the law until you are using it everyday and continuing to study the law. In VA, once you are taken into custody, you have to be brought in front of a Magistrate who is a court official that has to confirm there is enough Probable Cause for the arrest. Remember, you simply need probably cause to effect an arrest. In court, you have to prove beyond a reasonable doubt that the person is guilty. If the Magistrate says not enough probably cause, you appeal to the Head Magistrate on duty. If the Head Magistrate says not enough then the officer releases the person they took in custody and prepares their report. A lot of states are going to this system because it adds a level of safeguards. So, you can resist a unlawful arrest PROVIDED at that time (not after you talk to your attorney the next week) you have knowledge of the law which almost EVERY single person who challenges the validity of the arrest fails to articulate ANY legal knowledge beyond what they learned in middle school when they learned the bill of rights. Hence, they lose the case and the Supreme Court upholds the conviction. Amped wrote ... And if it was a lawful arrest, doesn't the law say that the police must tell him why he is being arrested? Please see the first section as I answered this question while answering your first question. 
Edited Wed Sep 19 2007, 11:26PM
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| emerican |
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Registered Member #164
Joined: Tue Mar 07 2006, 12:07PMPosts: 3146 |
wow seriously what did that guy do? whats wrong with voicing your opinion? jesus christ |
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| Wildcard23 |
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Registered Member #514
Joined: Wed Dec 20 2006, 06:33AM Posts: 1067 |
emerican wrote ... wow seriously what did that guy do? whats wrong with voicing your opinion? jesus christ So my guess is that you decided not to read any of the long posts and just skip over anything that would take substantial time to read? |
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| Amped |
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Hi
Registered Member #301
Joined: Thu Jun 15 2006, 01:55AMPosts: 888 |
Thanks Wildcard. =) | ||
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| gLiTch |
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Anal Assassin
Registered Member #455
Joined: Mon Oct 09 2006, 04:58AMPosts: 3848 |
Amped wrote ... Geez Glitch, why are you arguing with me? So I'm not really sure why you're flaming me here. Sorry amped, i didnt mean to come on so strong. I wasnt flaming you or arguing. Sorry again. I didnt say it was unlawful, i said thats wat the kid was saying or was trying to show. I dont think it was unlawful at all. And.... LOL @ EMER. Lazy dude. He asked why was he tazed, yet didnt read any of the answers to his question 
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