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^ this isn't how it works. Our system doesn't include "I disagree with the police so hold my trial now or else". You know that dude, you're smarter than this. The police don't present evidence at the scene, ever.
Furthermore, selling untaxed cigarettes is not a summonseable offense. He would have been DAT eligible had it not been for his extensive record and open case from May. A DAT would have had to have been given at the precinct either way.
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.
Repped. One reason it's a crime is selling contraband (selling cigs without a license) deprives the government of tax revenue. Also, from a health standpoint he could have put whatever in those cigarettes and poisoned someone. It's is a petty crime, but there are reasons why selling cigs on the street (unregulated and unlicensed) is illegal.
As a practical matter one should try to avoid relying on the above in an actual confrontation with lawenforcement 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.
Understandable and is perfect example of why they get away with what they do because they are required to up hold the law but are ignorant of the rights of ordinary citizens hence they treat us as a separate breed, they act, make mistakes, we fit the bill, and they lose respect in society.
Speaking of the military if any soldier did this they would receive a dishonorable discharge. At least there is a statue that is more honorable than the other.
^ this isn't how it works. Our system doesn't include "I disagree with the police so hold my trial now or else". You know that dude, you're smarter than this. The police don't present evidence at the scene, ever.
Furthermore, selling untaxed cigarettes is not a summonseable offense. He would have been DAT eligible had it not been for his extensive record and open case from May. A DAT would have had to have been given at the precinct either way.
That is not what I'm saying. I'm not asking for them to provide evidence at the scene. I am simply saying that if they claim to have had evidence of him selling illegal cigs. Issue him a citation where he is required to appear in court. They could provide all of the evidence against him including the officers who witnessed the transactions. If he is guilty with the record that he has well then, let them do what they have to do.
The legal system has their ways of incarcerating criminals.
That is not what I'm saying. I'm not asking for them to provide evidence at the scene. I am simply saying that if they claim to have had evidence of him selling illegal cigs. Issue him a citation where he is required to appear in court. They could provide all of the evidence against him including the officers who witnessed the transactions. If he is guilty with the record that he has well then, let them do what they have to do.
The legal system has their ways of incarcerating criminals.
Part of the reason he was not issued a citation is he has been arrested 31 times. Also, in order to issue a citation you need to see some ID. This man wasn't cooperating with arrest, so there's no guarantee he would cooperate with showing his id to the cops so they could cite him. And if he refused that, that is an arrest right there.
Either way he should not have been illegally selling cigs, especially with his extensive criminal record. He should have cooperated with the cops and just let himself get arrested for the 32nd time. As for the officers, yes, they used excessive for particularly when they had the man's head pinned to the ground. That was brutal and horrible. But that does not excuse this man's role in getting himself in this kind of trouble.
And if you know you have major medical problems you really do need to AVOID crime. The cops can't avoid arresting you because you might have a heart attack or stroke! As fat as he was, he was a walking medical problem in his own right.
Resisting an unlawful can be a very risky thing. In most states, it will still be a crime to resist a police officer, even if the arrest would be illegal. It can be very difficult to know under what circumstance, if any, it is permissible to resist arrest and what amount of force can be used. Because of this, if you are being arrested you should go peacefully. If you then feel that you have been wrongfully arrested, you can file a complaint for police misconduct.
This last amounts to "let them eat cake". As a practical matter, if you're illegally arrested (or even legally arrested), the only thing you can do is hope they don't kill you and hope they don't provide false testimony to convict you. A complaint for police misconduct will do nothing but make you a target for future police misconduct.
Disgusting, just disgusting. I am losing more respect for cops at large as I continue to see more BS like this and the assassination of a homeless guy in ABQ. This is a great channel that taught me how to use my rights tactfully.
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