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Old 02-20-2015, 09:51 PM
 
670 posts, read 1,104,919 times
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Quote:
Originally Posted by C_A_Braun View Post
The fact that the toothbrush, butter knife or broom handle killed the guy proves that those can be deadly. Just because their proper day to day use is not deadly doesn't make them non-deadly. Just like the proper day to day use of a gun, machete or car is not supposed to be deadly.

I just find the charge of "murder with a deadly weapon" to be a strange phraseology in Nevada law. If this little twit had attacked the TM with a toothbrush and killed her, would the charge be "murder with a non-deadly weapon"?
I see what you are saying. Any device, instrument, etc used to murder a person can be classified as a "deadly weapon" as it's purpose at the time of the crime was to be used as a weapon, and as that action resulted in death the weapon is therefore deadly, even if it's original purpose is anything but.

If you strike a pedestrian with your car by accident and never intended to hurt the person deliberately that would be manslaughter. If you chase someone down and intentionally run them over with your car that is murder with a deadly weapon.

Examples of murder that exclude "deadly weapon" may include strangulation, intentional drowning, etc.
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Old 02-20-2015, 09:57 PM
 
8,419 posts, read 4,579,340 times
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Quote:
Originally Posted by vtvette View Post
Correct. Resisting arrest is failure to comply with the orders of an officer after you have been formally placed under arrest.
But the cause of the initial arrest is never stated. The only charge they get is resisting arrest.

I've seen episodes where people are attacked by cops, beaten to the ground with no resistance other then the perp trying to protect himself and at the end of the segment the cop charges them with resisting arrest. In fact, it is so common that I see it in just about every episode
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Old 02-20-2015, 09:59 PM
 
670 posts, read 1,104,919 times
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Quote:
Originally Posted by C_A_Braun View Post
That is a little easier to explain. Anytime a cop takes away your freedom of movement, you are technically "under arrest". Even a traffic stop for running a stop sign is technically an arrest and therefore, should you choose to resist the officers actions you are "resisting arrest".
resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest.

A traffic stop is a moving violation. An arrest occurs when a person is suspected by a law enforcement officer of committing a crime. A moving violation is not consideres a criminal offense.
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Old 02-20-2015, 10:00 PM
 
670 posts, read 1,104,919 times
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Quote:
Originally Posted by clutchcargo777 View Post
But the cause of the initial arrest is never stated. The only charge they get is resisting arrest.

I've seen episodes where people are attacked by cops, beaten to the ground with no resistance other then the perp trying to protect himself and at the end of the segment the cop charges them with resisting arrest. In fact, it is so common that I see it in just about every episode
I retracted my statement because after I re-read it the wording I used was misleading.
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Old 02-20-2015, 10:03 PM
 
670 posts, read 1,104,919 times
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Quote:
Originally Posted by clutchcargo777 View Post
But the cause of the initial arrest is never stated. The only charge they get is resisting arrest.

I've seen episodes where people are attacked by cops, beaten to the ground with no resistance other then the perp trying to protect himself and at the end of the segment the cop charges them with resisting arrest. In fact, it is so common that I see it in just about every episode
Usually this involved the person/suspect running, trying to hide, etc which are examples of misdemeanor resisting arrest.
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Old 02-20-2015, 10:25 PM
 
399 posts, read 548,293 times
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Supposedly there's a white gang called "Da Alta Block" lol. I didn't know there are Summerlin gangs...
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Old 02-20-2015, 10:43 PM
 
Location: Lancaster, CA / Henderson, NV
1,107 posts, read 1,421,466 times
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Quote:
Originally Posted by clutchcargo777 View Post
But the cause of the initial arrest is never stated. The only charge they get is resisting arrest.

I've seen episodes where people are attacked by cops, beaten to the ground with no resistance other then the perp trying to protect himself and at the end of the segment the cop charges them with resisting arrest. In fact, it is so common that I see it in just about every episode
Remember, you are watching a heavily edited TV show.

The cause of the initial arrest is usually stated at the beginning of the scene. "Traffic Stop" for instance. Although not normally a situation that will require that the driver actually be taken into custody, it is still an arrest. Should the driver refuse to comply with the officers requests during the traffic stop the driver can be taken into custody and at that time, one of the charges (filed by the DA, not the cops BTW) will likely be "resisting arrest."

For instance, try to refuse to sign a speeding ticket the next time you are pulled over for speeding. Just tell the officer that "you pay his salary and you paid for the paper that the speeding ticket is written on and therefore you refuse to sign." Normally a speeding violation is not a circumstance that will result in you being taken into custody but you have just made it such and if you struggle even just a little with the officer as he is placing you in handcuffs you can be sure that he will also try to have you charged with resisting.

BTW, I think as citizens we should be able to defend ourselves against abusive cops. To think that we should just have to lay there and let them beat us and not even be allowed to raise our arms to cover our face from their blows is horrifying to me. That is why I do my best to not break any laws and if I do, such as speeding, I am always over polite and compliant to every request that is made.
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Old 02-20-2015, 11:14 PM
 
670 posts, read 1,104,919 times
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Quote:
Originally Posted by C_A_Braun View Post
For instance, try to refuse to sign a speeding ticket the next time you are pulled over for speeding.
When you sign a traffic ticket you are not admitting to guilt you are simply acknowledging that the officer explained the violation you are being cited for and your rights (pay ticket, appear in court). Refuse to sign and the officer will simply write "refused to sign", hand you the ticket and you are on your merry way. Be hostile about it escalating the situation and you may well find yourself in trouble (for being hostile to the officer, not for refusing to sign the ticket).

Quote:
Originally Posted by C_A_Braun View Post
BTW, I think as citizens we should be able to defend ourselves against abusive cops. To think that we should just have to lay there and let them beat us and not even be allowed to raise our arms to cover our face from their blows is horrifying to me. That is why I do my best to not break any laws and if I do, such as speeding, I am always over polite and compliant to every request that is made.
You are absolutely correct. When an officer abuses their authority they should absolutely be held accountable. More and more municipalities are requiring officers to wear video cameras at all times. This seems a very reasonable requirement of officers sworn to uphold and protect the law and paid by tax payer dollars.

Now, if we could strap video cameras to politicians at all times...
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Old 02-20-2015, 11:16 PM
 
670 posts, read 1,104,919 times
Reputation: 893
Quote:
Originally Posted by vistas View Post
Supposedly there's a white gang called "Da Alta Block" lol. I didn't know there are Summerlin gangs...

I heard about the "Summerlin gang" years ago. Are they still around?
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Old 02-20-2015, 11:34 PM
 
Location: Lancaster, CA / Henderson, NV
1,107 posts, read 1,421,466 times
Reputation: 1031
Quote:
Originally Posted by vtvette View Post
When you sign a traffic ticket you are not admitting to guilt you are simply acknowledging that the officer explained the violation you are being cited for and your rights (pay ticket, appear in court). Refuse to sign and the officer will simply write "refused to sign", hand you the ticket and you are on your merry way. Be hostile about it escalating the situation and you may well find yourself in trouble (for being hostile to the officer, not for refusing to sign the ticket
Where I come from, refusing to sign is they same as saying you refuse to appear and you will be taken into custody until you either choose to sign or can be taken before a magistrate (which might be a day or 2).

But then again, where I come from, murder is the taking of a human life with intent, regardless of if the weapon used (if any) is designed for the purpose of killing
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