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.