This forum is for non aviation related topics, political debate, random thoughts, and everything else that just doesn't seem to fit in the normal forums. ALL FORUM RULES STILL APPLY.
Wilbur wrote:
However, if the law in that jurisdiction does not make refusal to sign a ticket grounds for arrest, then the cop was entirely out of line. He should be facing discipline with his employer for attempting the arrest, and a criminal assault charge for using the taser.
The article I posted earlier says:
In the event that a motorist refuses to sign a trooper has two options, Roden said. One is to write "refuses to sign" on the citation, which is then given to the driver. The second is to arrest the driver.
Roden is the spokesperson for the UHP.
So my question is, why did the cop choose to arrest the driver instead of just writing "refused to sign" on the citation? He wanted to arrest the guy for being a jerk? I still say this cop escalated the situation all by himself.
Yeah ... he just tells him to get out of the vehicle, which the guy does immediately. Had the cop said, "ok, get out of the vehicle, I am placing you under arrest", I bet the driver would have said ... oh, ok, I'll sign the ticket under protest.
I dunno... this quote is from the Utah Highway Patrol site:
If you are cited, try to remain calm and listen to what the trooper is telling you. Remember that by signing the citation you ARE NOT admitting guilt, it is just a promise to contact the court. If you don't sign, state law does give the trooper the authority to place you under arrest and transport you to jail or to the court to post bail.
Yes, if you walk away from an arrest you are resisting, and possibly escaping lawful custody. That's the law in this country. When a peace officer arrests you, the law expects you to cooperate whether or not you agree. The courtroom is where you get to argue your side of the story to a judge. If, in the end the cop didn't have legal authority to arrest you, you can sue for compensation.
Yes, if you walk away from an arrest you are resisting,
The cop in this video never tells the guy he's being arrested until after the guy has been juiced and is in cuffs. What was the guy supposed to be a mind reader?
The cop was giving clear instructions and this guy was not complying. You don't have to be "under arrest" before being required to comply with police instructions. If you are interfering with the police doing their job, you are obstructing.
A standard tactic in dealing with uncooperative people is to separate them from their audience. The guy made a stand against signing the ticket while in the car, infront of his wife/friend. It's going to be difficult for him to reverse that decision without eating crow infront of her. To make it easier for him to cooperate, the standard practice would be to separate them, explain the consequences of not signing, and help him save face. But this guy wanted none of that, turned and started walking back to his vehicle. So, he got himself arrested.
He would be advised of the fact he was under arrest, the reason, etc after he was securely in custody. There is no requirement for the police to tell you you are under arrest before placing you under arrest.
He would be advised of the fact he was under arrest, the reason, etc after he was securely in custody. There is no requirement for the police to tell you you are under arrest before placing you under arrest.
Might be true in CANADA, different in the united states. In the united states you are told you are under arrest AS you are being arrested, otherwise it constitues a breach of your fourth amendment rights...
Bingo.
and after the guy is in the cruiser he asks the cop to read him his rights which the cop ignores.
The cop was giving clear instructions and this guy was not complying.
Why do you think the deaf are so afraid of the police.
It's against the law to ignore a police orders
It's not illegal to ignore instructions. Big difference. Nowhere in that video does that cop give an order as in ...I (the cop) order you to turn around and put your hands behind you.
So a policy question here; does anyone know if officers have access to the recording equipment on board their cruisers? And would said recordings be within the range of a FOI request?
RE: If something goes sideways could the officer easily purge the data on the drives? And or after the fact could someone gain access to the data WITHOUT a court order?
that was dumb if you ask me, give him the ticket and go home....if he doesn't pay or show up in court, then arrest him, dont freakng tazer the guy!!?? whats wrong with this world?
"We found that Trooper Gardner's actions were lawful and reasonable under the circumstances," Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP's parent agency, the Utah Department of Public Safety.
The investigation was conducted by officials in the Department of Public Safety, which oversees the highway patrol. The officials have asked the Utah attorney general's office to also review the case to determine if laws were broken.
Signing the ticket is a pledge to show up for court.
If you do not sign the ticket you can be arrested and made to post bail as a guarantee that you will show up for court.
Suddenly turning, putting your hand in your pocket, and walking towards your vehicle when you are clearly about to be arrested is a very, very bad idea.
What was his plan for when he got back to his car? Don't know, but there's no way I would have just stood there and waited to find out.
So if doing nothing is not an option what other choices are there?
now just lay down here, Cat...."NURSE !!!... some cold compresses and restraints.....and 10 cc’s of angerdream....quickly !...can't you see this man is suffering from an advanced case of Dion's syndrome....?"
Did you know: One can now buy felt marker sized 800mW lasers online...
The US military uses 125mW lasers to temporally blind their targets...
Photonic weapons are not in any way shape or form restricted in this (or any other country) so far as I am aware...
I haven't read what everyone says. But from what I see the guy didn't get tazzed because he wouldn't signed the ticket. He got tazed because he walked back to his car when the cop told him to stop.
I agree with the tazzing.
What would you all have said if he walked back to his car grabed a gun through the window which the passenger handed him and turned around and shot the cop?
You do not walk back to the car when an officer tells you not to, he doens't know you don't have a gun in the car. Do I need to post videos of this exact same scene but with the guy grabbing a gun and shooting the cop? There are videos I have seen them.
