ABC Reporter Arrested in Denver Taking Pictures of Senators, Big Donors

[table1349]

Sorry your wrong, in many states this IS legal, but super rare are usually cops are not that stupid.

The law is the law there is a clause in there, and yes I did know what I am talking about. Read more before you tell someone they dont know. You just made yourself look really dumb.

Normally I agree with your idea, but in the case he is pushing me into the street of traffic I say NO I dont trust this guy with my life, at that point I make the descision for self defense. screw that crap.

I believe in extreme cases you can defend yourself from unreasonable excessive force. , the officer himself said later that the reporter was lucky he didnt knock the F** out of him. You could see that coming when he choked him. Sorry, I'm not risking my life with a crazy cop like that, Im getting away from that guy it could be life and death if hes pushing you into traffic.
granted the cop didnt arrest him while he was pushing him, but if backup was there he would have.

All im saying is the law is there in case your in real danger. very situation is different

I believe there is a lawful statute to resisting arrest if its self defense.
If there were no cameras around Ill bet you anything this guy could have been killed or maimed really badly.

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This is for example from Tenessee Law
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39-11-611. Self-defense.
......
(e) The threat or use of force against another is not justified to resist a halt at a roadblock, arrest, search, or stop and frisk that the person knows is being made by a law enforcement officer, unless:

(1) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and

(2) The person reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.

HOWEVER,

39-16-602. Resisting stop, frisk, halt, arrest or search - Prevention or obstruction of service of legal writ or process.

(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at such officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.

(b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.

.......
HOWEVER,

39-16-603. Evading arrest.

.....
(2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful.
.....
(b) (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from such officer to bring the vehicle to a stop.

(2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful.

----------------------------------------

Tell ya what you do. Go down to Tennessee and give that idea a try and then let us know how it works out for you.

Legislators write laws. Problem is, most of them, at least the lawyers in the bunch, are politicians because they are lousy lawyers not making ends meet. Otherwise they wouldn't leave a cushy six or seven figure job to take a cut in pay and become politicians. (insert your own crook joke here) They often write laws that sounded good at the time, but just don't stand up well in court. If they wrote flawless laws, then there would be no appeals courts, nor supreme courts at either the state or federal level. There are plenty of them all around so I guess that reflects on how well those politicians write laws.

Where Law really ends up being written is in the courts. That is what the courts do every time they are asked to interpert the law. They end up creating case law. Case law will sometimes strike down a legislative law and sometimes it defines the true boundries as to how that law will actually apply. The courts pay close attention to case law, for once established, it is very hard to overturn it. That is why I love reading all the Forth Amendment stuff that gets spouted. There are some very clear exceptions to the Forth Amendment that most people have never heard of.

While you quoted a real pretty and very rare legal exception, but then Tennessee isn't know as being main stream America, check the case law of that statute and how it has been applied in courts there. I have not found one case yet in Tennessee where that defense held up, but then I'm not going to spend the next 3 days reading all the goofy cases out of Tennessee. An hour was enough since I was going from the most recent back.

Graham v. Connor is the case that is most often sited as the Supreme Courts definition of use of force in making an arrest. The Use of Force Continuum is a standard model that has been developed for law enforcement to use when effecting an arrest. It is a guideline that is easy to understand and follow. It is the very rare case these days when it is shown that an officer strayed from the guidlines.

I've been around doing this long before the Tennessee v. Garner case that eliminated the right to shoot any fleeing felon back in 1985. And Rightfully so. When I started in this business if you forged a check for a felony amount and then fled the officers they had, up until this case, the right to shoot you as a fleeing felon. Now they must pose a real or potential danger to the officers or others to use deadly force. Kind of makes sense to me.

Reading the words some legislator wrote and understanding how the law truely applies are two different things. So like I said before, go down to Tennessee and give that idea a try and then let us know how it works out for you. I would be intersted in hearing your first hand experience.

 

[THORHAMMER]

i guess id have to become a cop in order to stress test our constitution.

 

[table1349]

i guess id have to become a cop in order to stress test our constitution.

Or become an ABC News Producer.:mrgreen:

You never know the "Mile High City" may soon be know as the "America's Broadcasting City" depending on what the courts and a jury decide. I will guarentee that this one is headed to court.

That is why I repeat, don't resist and arrest, even if you feel it is unlawful. Resisting will only escalate the situation and possibly the force used to effect that arrest.

After you are arrested and released, contact a lawyer and if you have a case, pursue your case. You never know, you might be like that guy from East St. Louis Ill. a few years ago. A court determined that he was unlawfully arrested and awarded him an enormous amount of damages. The city couldn't pay, so the Federal Judge give him title free and clear to the City Hall building. He is now the City of East St. Louis' landlord. I'm thinking that he no longer has to work for a living.

 

[brileyphotog]

This is going to tick people off, but I'm really glad that the Democrats care more about protecting our civil liberties better than those Constitution-stomping Republicans.

P.S. I am a libertarian so you can all feel free to hate me.

 

[monkeykoder]

This is going to tick people off, but I'm really glad that the Democrats care more protecting our civil liberties better than those Constitution-disregarding Republicans.

P.S. I am a libertarian so you can all feel free to hate me.

Can I convert you to anarchism??? (just kidding good to see more libertarians out there)

 

[usayit]

That is why I repeat, don't resist and arrest, even if you feel it is unlawful. Resisting will only escalate the situation and possibly the force used to effect that arrest.

After you are arrested and released, contact a lawyer and if you have a case, pursue your case.

Just to add.... right and wrong is not decided on the street... only behind the doors of a court room.

 

[THORHAMMER]

After reading more and more, I don't think I would ever try to resist unless it was actually life and death, it just sucks to think our constitution is so worthless right now. :cry:

Sorry if I came out argumentative, just peeved about it as Im sure you are too !!

 

[Mike A.]

This just happened 2 months ago to me taking a picture down me street on a public sidewalk. Nothing has been talked about any more (the courts) but I'm fighting this and I so far have to pay a $250.00 fine!! Not free on USA anymore!!!!!!!

mike a.

.......they are calling in "disorderly conduct" ya right!

 

[Joves]

But speculation is for commodities trading.

It isnt speculation and, it is a naturally drawn conclusion. Since he was shooting the Democrats big money contributors. They like to claim they are for the little people and are for keeping large entities from influencing through money. This exposes their typical hypocriscy. The other party isnt any better.