Will Never See Cops the Same Way Again

This is a thin line...does a officer have the right to search or does he need a warrant.....the 4th Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Key part of this paragraph is : and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

And this ruling came from the Supreme Court not to long ago:

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

 

Are you high? Cuffing and Stuffing someone is way different then asking questions... As well as "Get out of the Truck" order. I likely would have done the same thing... questioned the authority of the order. He was detained and cuffed...

It's is like me calling the cops saying you cross the zipper twice and they pull you over cuff and detain you(for questioning via third party). It doesn't work that way.

 

Sure it does. Huge difference between asking questions and an arrest. You saying the police can't ask you questions without probable cause? Methinks thou hast listened to too many truckstop lawyers.

You go ahead with that billigerent line of thinking, we'll see how that works out.

 

They can ask all the questions they want but you dont have to respond to the questions.

 

Seriously, what 's the point of that dumb arsed course of action? To then get an "interfering with police" charge when all you needed to do was explain your non-involvement in some matter?

 

Oh no, not an "interfering with police" charge! I'm scared, someone hold me.

 

Deals with interfering with an investigation, large misdemeanor in most places, costs you a few hundred dollars and bad ink in your record. Like I asked, what's the point?

 

Report that officer and file charges.

 

If there had been ample reaon to demand I leave the safety of my truck, why was I not charged for slamming the door on his hand? All I did was really irritate him. There is no law against that. He expected mindless compliance and I refused to oblige. A person who is not only a truck driver, but also a small woman had the audacity to question his authority. It irritated him. Too bad.

He was unable to adequately verbalize under what authority he was demanding I submit to him. He wouldn't even properly identify himself. This whole thing started out wrong. Which is why I was not charged with any crime. Because I hadn't committed any crime. I was protecting myself. I honestly thought my life was in danger. Whether that was, in fact, the case or not, let me illustrate it graphicly for you.

When you were a child, every grownup seemed so BIG to you. You knew they were stronger than you. Now. As a small child, some strange adult gets you out of bed and tells you you have to do whatever they want you to. Under threat of force. Would you not have been scared? I'm not saying I am as a child. But I'm a 5'4", 145-lb woman...with arthritis. Here's this strapping 6-footer with roped out arms demanding I submit to his will and I'm not even sure who he is. He refuses to identify himself. Any danged fool can buy a badge and holler "SHERIFF!!" I want to know for sure that's who I'm dealing with in a dark truck stop at nearly midnight when I haven't done anything wrong. So, yes. I'm going to fight for all I'm worth. I'm not just going to allow some bully to drag me off into the field and kill me because I don't have the sense to ask questions and fight.

If this deputy has been trained to be such an aggressor, perhaps Stanislaus County needs to re-evaluate their training program. There are other reasons I fought so hard. Aside from him simply not identifying himself, it being a truck stop in a bad neighborhood, at night with no sign he is who he says he is except a costume and a utility belt I can order online from Gall's.

The last time someone said the words, "Just do what I tell you to" some really, really bad things happened. We don't know each others' complete backgrounds on these forums. I have worked very, very hard to do some of the everyday things y'all do without even thinking about it. There are reasons sudden loud noises, especially bangs, startle me almost to the point of taking cover. Another thing I have worked very hard to get under control. Until you're inside my mind, you have no right to judge whether I was right or wrong.

Apparently, I was right. Or I'd be sitting in Stanislaus County Lockup right now, waiting for my day in court. So don't you high-and-mightys dare preach to me about how wrong I was to protect myself from what, for all intents and purposes, was an attack. Police officers, while 95% are decent, hard-working, honest and dependable people...are people. Some bad apples are able to slip through the cracks and fool the background investigators and psychiatrists.