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Thursday, August 25, 2011

Common Law Gives You the Right To Resist an Unlawful Arrest

The problem is- it takes a little courage and you had better know the law when it occurs.

On a tip from RawMuse, I've embedded the following piece of video. It is one of those things that makes you shake your head. The police officer involved is one of those nasty little insistent bastards that public officials love. They do what they are told irrespective of the law. I wasn't one of these guys. My knowledge of the law was pretty extensive and I didn't let anyone tell me to do something that wasn't lawful. My unwillingness to yield to that, even from my bosses, caused a little animosity.

I want to say one last thing about this video. I want to talk about illegal seizures and damages. If you are lawfully where you are at and you are not breaking any laws- then you cannot give up your camera. Because if you do this, your damages are so small that you can't even litigate over the seizure of your camera. If however, you politely refuse and tell the police officer that if he wants your camera he is going to have to arrest you while holding it- then the real damage meter starts. Illegal and false arrests are usually worth a minimum of 25,000 bucks a day and up. I have seen risk managers pay that amount rather than go to court. Sometimes, suing the police is your only recourse. It helps a lot when someone else is filming it and documenting it like they did in this gymnasium.

Pay special attention to our female camera person when she asks what law she is violating. A savvy cop would have researched the law well in advance. Listen to this young uns answer.


rawmuse said...

These cops should really lose their jobs at the very least. And if the congress critter put them up to it, he should be impeached. All of them took an oath to uphold and defend the constitution, and they are in contempt of that oath.

Brian said...

I agree. It's worth a minimum of a couple of weeks unpaid on the beach for that cop and his supervisor. Maybe a month off for his supervisor.

The problem RM, is legal precedent. Isolated judgment calls, if defensible, become minefields for administrators and risk managers. They are entitled to hearings and due process and the whole thing can get ugly and nasty. I do not miss those minefields. Common sense left that place long ago.