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[quote=Above Average Bear;35730249]If PD lets it ride that sends a powerful message to the street.=quote]
I can see from the video that this incident took place on a commercial street in front of a row of storefronts. So I would guess that the local merchants had complained to the police about this guy. I can understand how a store owner wouldn't want someone standing in front of his business selling bootleg cigarettes to passersby. I wouldn't either. Maybe if the guy had been a little more discreet it wouldn't have become an issue.
If PD lets it ride that sends a powerful message to the street.=quote]
I can see from the video that this incident took place on a commercial street in front of a row of storefronts. So I would guess that the local merchants had complained to the police about this guy. I can understand how a store owner wouldn't want someone standing in front of his business selling bootleg cigarettes to passersby. I wouldn't either. Maybe if the guy had been a little more discreet it wouldn't have become an issue.
The bottom line is if he didn't resist we would be onto other threads. If he did nothing wrong the arrest would have been voided.
[quote/]The bottom line is if he didn't resist we would be onto other threads. If he did nothing wrong the arrest would have been voided.[/quote]
I agree. He should have just accepted the arrest. He knew the drill.
This wasn't an unlawful arrest. And in NY, you DON'T have the right to resist an arrest that YOU decide is unlawful.
If you have not committed a crime and are being deprived of liberty by a legal authority whether it be by a law enforcement officer or a civilian then what would you call it?
Regardless of what the NY state law claims isn't within your right, the supreme court says it is well within your right to do so especially if one fails to allege that a crime has been committed within jurisdiction. This includes defective warrants or one issued without affidavit.
"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
If you have not committed a crime and are being deprived of liberty by a legal authority whether it be by a law enforcement officer or a civilian then what would you call it?
Regardless of what the NY state law claims isn't within your right, the supreme court says it is well within your right to do so especially if one fails to allege that a crime has been committed within jurisdiction. This includes defective warrants or one issued without affidavit.
"When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
As a practical matter one should try to avoid relying on the above in an actual confrontation with law enforcement agents, who are likely not to know or care about any of it. Some recent courts have refused to follow these principles, and grand juries, controlled by prosecutors, have refused to indict officers who killed innocent people claiming the subject "resisted" or "looked like he might have a gun". Once dedicated to "protect and serve", far too many law enforcement officers have become brutal, lawless occupying military forces.
Cigarette importing from the south most often goes along with gun importing, same people and sources.
As is well known. Hoping for tip of the iceberg-ism is my guess.
Generally speaking, one shouldn't base their argument on the first google search hit alone...
Now that we have that out of the way, this was a lawful arrest. The cops were in the midst of explaining that to him before he started flailing his arms around and getting worked up. There was a 911 call in regards to his actions and the officers observed a sale.
Admittedly, this is a petty crime, but it is a crime nonetheless. No matter how many times people on the internet say it, it won't become suddenly true: this was NOT an unlawful arrest situation.
how was the arrest unlawful? The narcs told him what he was being arrested for. Also, you don't know what the video didn't record...
We are not debating the events that took place prior to the recording of the video other than the video recorder claiming that the man had just broken up a fight. It is the events that took place while filming the footage the fact that this can happen to anyone anywhere at any given time.
You have the right to question authority and if they cannot provide the necessary evidence or state the reasons for your arrest if you are innocent then it would an unlawful arrest which can lead to unlawful detainment if you are being detained after the arrest. There are other ways to handle this situation other than was seen in the footage. If you have proof that the man was breaking the law then issue him a citation where he is required to appear.
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