My wife had to sell my ASM collection off to bail me out of jail!

[KPR Comics]

Totally assumed you/he were headed toward security.

If the drug dog sniffed a hit, they can certainly detain for probable cause but I agree w/Jaybuck. Keep on truckin

[kav]

Totally assumed you/he were headed toward security.

If the drug dog sniffed a hit, they can certainly detain for probable cause but I agree w/Jaybuck. Keep on truckin

Yup

 

Some other advice I heard was never talk to cops-if they have evidence to arrest you nothing you say will change that. If they don't have evidence for an arrest something you say can change that.

[KPR Comics]

Was focused more on jurisdictional issues TSA vs DEA vs county, and the differing powers they have. Carry on.

[MetalPSI]

I can't find the link for the browser ignore code, someone help me out?

[Mephisto]

I live by Larry David's lines about neighbors. Why are you talking to the neighbors? They said people are stealing in the neighborhood. Don't talk to the neighbors! I'd rather have someone steal my belongings, than the neighbors steal my time!

[CAHokie]

As a lawyer, shut up, let them put the cuffs on you, go to jail and call a defense attorney. It's very easy to "match" someone's description.

 

Exactly...but, just being stopped and handcuffed doesnt mean your going anywhere. You will still need to be identified by a victim or witness or something. If you resisted though, what good would come from that?

How long am I being handcuffed for in the scenario? If its longer than maybe 20 minutes, which I think many would consider a long amount of time I would ask the following. I then ask if I'm under arrest, and if am free to go, where they respond "No" to both questions wouldn't that be considered unlawful detainment, and against my constitutional rights?

 

The law doesnt really give a set time but it has to be reasonable for the investigation.

[HarveySwick]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

[CAHokie]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

 

 

 

[Kahnadah]

I previously represented a kid who was charged with attempted murder and a slew of other charges. I met him at the station shortly after he was arrested and he immediately declared "I'm innocent!" Like you said, the first thought that popped into my head was "yeah, yeah, everyone is innocent. " but ultimately - he was! I'm talking about a 19 year old kid that was never arrested and never in trouble before. He was charged with attempted murder and accused of strangling his girlfriend and a few other felonies.

 

How do I know he's innocent? She admitted it on the stand after cross-examination and became a hostile witness.

 

Turns out that the two of them were out with friends the night before. He got some texts from another girl that the girlfriend didn't like so the next morning, they began to verbally yell at each other in his mother's apt. She began to smash things and scream because she was so angry. They both pushed each other, but nothing more. But I'm sure from the other apts, her angrily screaming sounded terrible so they had called police. When police arrived, they spoke with the two of them separately. She decided to teach him a lesson and made up the strangulation story. That he came up from behind and strangled her. The truth is after their heated argument, she went into the bathroom and was upset so my client went in to console her and hugged her telling her everything will be ok. Out of anger, she BIT HIM in his chest taking some skin with her so he couldn't be behind her! He pushed her off and police arrived. Ultimately the charges were dismissed, but it took her getting on the stand and admitting on cross that she lied. It came out very angrily and she had some choice words for me. After a brief recess, the ADA dismissed the charges. Nothing ever happened to her.

 

People can say whatever they want and police have to make a judgment call. Sometimes they get it wrong and it's a terrible mistake.

 

Imagine never being arrested or in trouble your entire life and you get into an argument with your girlfriend that results in an attempted murder charge and being locked up for a few weeks.

 

Cases like this, albeit not this serious of accusations, happen all the time in court. Never underestimate the value of a good defense lawyer.

 

This kind of thing would not happen in the UK.

You need a letter from God and the police handing you the offensive weapon before anyone gets arrested for this kind of thing.

 

No kidding... I had someone throw a beer bottle at me and when it missed he picked up the neck and took five swipes at me with it. Cops came, took statements from myself and the dozen or so people present, told me to wait for them to call. Three weeks later, no charges as he's a meth addict and I "provoked him because" I "asked him to stop smoking on the station". I work for a train company...this happens almost weekly on my line and I'm suburban/metro. People in town need effing stab vests (not really, and even if they did, this chicken company would make us pay for them). I have tons more stories. Maybe I ought to hook up with an artist...

 

To bluerosekiller: I hope you can get the books back! I hope you can get the mojo for collecting back, too!

 

James

 

I hear ya. People can terrorise you, abuse you, even almost kill you here. Unless you have a witness you're screwed. The only time the police actually do anything is if someone is actually murdered. The legal sysyem here is sh*t. The UK is literally the modern day version of Dodge City nowadays...at least it seems like that most of the time. Of course steal a packet of sweets from Tesco and they lock you up and throw away the key, but mugging old ladies is fine.

 

That's the thing - I had witnesses, about 12 of them! The old Bill said, no, too much trouble, lad's a smack-head, no chance of conviction. It's not even the worse one we had at my station...

 

James

[Rich_Henn]

To the OP----

 

Dude.

 

You live in BUFFALO, for God's sake.

That's half your problem right there!

 

Hopefully Theressa is enjoying her stay at BryLin and you'll never have to deal with her again.

 

BTW, I used to live in Buffalo too---I only miss LaNova and Mighty Taco :shrug:

 

[BlowUpTheMoon]

To the OP----

 

Dude.

 

You live in BUFFALO, for God's sake.

 

[Chaseman210]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

 

[comix4fun]

To the OP----

 

Dude.

 

You live in BUFFALO, for God's sake.

 

 

 

To be fair, the perimeter extends up to, and including, 4 miles around Buffalo.

[revat]

I'm not sure if anyone is actually advocating resisting arrest, but if anyone is, please do not do it. I'm not talking about someone asking you to stop and answer a question about a bag in a public place, I'm talking about a cop who wants to actually detain or arrest you.

 

That is by far the fastest and easiest way to end up hurt or worse when dealing with police.

 

I know sometimes it might seem wrong or unfair that you need to be cuffed or hassled, but whether its mistaken identity or lies or an A-hole cop, there is a trained person with a gun who might feel like you might be the cause of a dangerous situation. THAT ALONE should make you compliant, whether its a cop or not.

 

My suggestion (not legal advice), let them cuff you quickly and kindly, tell them politely you understand and appreciate that they're doing their job, and ask for 1 minute to explain your situation, whatever it is.

 

Explain it calmly and coolly, and to your best to present evidence contrary to the charge during that minute. If they sound interested in listening, provide more info. If they don't seem interested in listening, ask for your phone call and you attorney asap, then say nothing else.

 

If you're going to have a bad attitude about it, you're waaaay better off just being silent and just waiting for an attorney. Mouthing off, using expletives, etc will get you hurt. And I know you KNOW you're innocent, but probably like 99% of the people arrested are guilty, even if they aren't all convicted, so please understand that the cops can be edgy.

[comicalgems]

Lawfully resisting arrest is this:

 

Once cuffed you may inform the officer that you do not believe the arrest is lawful and ask that it be explained to you. If they can not then you have grounds for a civil suit.

 

No one should ever fight the cuffs or try to make a run for it.

 

 

[slym2none]

But at what cost?

 

In reference to what?

 

As the prophecy foretold.

 

 

 

-slym

[bluehorseshoe]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

For the simple reason that those doing the arresting are the ones with the guns, the answer is no.

[OldGuy]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

I've been handcuffed and not arrested. It was AWESOME!

[kav]

I've had cops say 'hey you! Stop!' and I kept walking cause I didn't know they were talking to me.

[Badger]

Ok, here is a question for those with a law degree from Wikipedia University. You are walking down the street, 100% innocent, and the Police pull up and tell you to face wall and about to handcuff you.

 

Should you resist? Can you?

 

What if unknown to you a robbery just occurred and its your bad luck that you match the description of suspect. How do you think resisting will turn out? Is being handcuffed by itself an arrest? I will give you a hint.... Not necessarily. I would be careful advocating resisting police.

 

Resisting arrest can get you killed. I thought every rational intelligent person had figured that out by adulthood but from the news I can see that is not the case. Not saying its the way it should be but it is what it is and the way its always been.

 

You may be "right" when you resist but only your heirs will remember you kindly for doing so.