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Old May 5th, 2015, 09:57 AM   #1
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Angry Was the cop detaining this person?

Hi everyone, so I came across this article the other day called "You DO NOT Know Your Rights" (here it is: Cop Post to Craigslist: "You DO NOT Know Your RIGHTS" | Cop Block) that I need help clarifying. The article talks about a cop who posted on Craigslist stating that citizens do not know their rights, shouldn't disobey cops, blah blah blah. Basically, the cop was called to a domestic situation and ended up talking to a person who was involved. The person said everything that I have been told to say if I'm ever confronted by a cop: 1) Am I being detained? Cop said "No, just sit and calm down" then person said 2) Am I under arrest? Cop said "No, I'm going to ask you one more time to sit and calm down." Then the person said Well if Im not under arrest I dont have to do what you say so Im going in my house. Of course the cop reacted and arrested the man, and I have to say it wasn't a smart move on the man's part to try and leave like that.
Okay, so what I want to know is this: was the cop lying when he said he wasn't detaining the man, and if so, do cops have a right to lie about that? Also, when cops say "I'm going to ask you one more time..." is that a direct order? What could the man have done differently to avoid getting arrested? Not sure what state this happened in, so I don't know about the whole "lawful order" procedure.
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Old May 5th, 2015, 10:32 AM   #2
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State laws vary, but all define three types of police-citizen encounters.

Consensual - A cop might suspect a person has committed a crime, but hasn't any real proof, so he or she strikes up a conversation with a citizen. The citizen is free to decline conversation. Key phrase to use: Am I free to go officer?

Detention - A person is held when a cop believes that reasonable suspicion exists that the person committed, is committing, or is about to commit a crime. You are not free to leave but you are free not to answer questions. You may be asked to provide ID and you may be searched.

Arrest - You may be arrested if the officer has probable cause to believe that a person has committed a crime. This is when you're read your Miranda rights. Laws vary most widely from state to state regarding arrest
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Old May 5th, 2015, 10:34 AM   #3
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Sounds like a nice false arrest suit.
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Old May 5th, 2015, 10:35 AM   #4
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Quote:
Originally Posted by thefuturelivesinverse View Post
Hi everyone, so I came across this article the other day called "You DO NOT Know Your Rights" (here it is: Cop Post to Craigslist: "You DO NOT Know Your RIGHTS" | Cop Block) that I need help clarifying. The article talks about a cop who posted on Craigslist stating that citizens do not know their rights, shouldn't disobey cops, blah blah blah. Basically, the cop was called to a domestic situation and ended up talking to a person who was involved. The person said everything that I have been told to say if I'm ever confronted by a cop: 1) Am I being detained? Cop said "No, just sit and calm down" then person said 2) Am I under arrest? Cop said "No, I'm going to ask you one more time to sit and calm down." Then the person said Well if Im not under arrest I dont have to do what you say so Im going in my house. Of course the cop reacted and arrested the man, and I have to say it wasn't a smart move on the man's part to try and leave like that.
Okay, so what I want to know is this: was the cop lying when he said he wasn't detaining the man, and if so, do cops have a right to lie about that? Also, when cops say "I'm going to ask you one more time..." is that a direct order? What could the man have done differently to avoid getting arrested? Not sure what state this happened in, so I don't know about the whole "lawful order" procedure.
I just noticed this was a domestic violence incident. In a DV call, someone is going to jail, no exceptions.
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Old May 20th, 2015, 11:13 AM   #5
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Quote:
Originally Posted by imaginethat View Post
I just noticed this was a domestic violence incident. In a DV call, someone is going to jail, no exceptions.
imaginethat hit the nail on the head.
The DV call situation would invoke a police officer investigating a crime.

If a cop stops you randomly, those two questions may work if the cop isn't actively investigating a crime. In this case, you may be charged with "obstructing justice" even though you were not actively doing something that warranted being detained and didn't warrant being arrested.
Obstruction of justice - Wikipedia, the free encyclopedia

At the same time, there is another aspect of this. The reality of how this all plays out.
A police officer should have a reason for arresting you.
In some cases, that "reason" may not stand up two minutes in a court of law and the charge can get thrown out. Or the police may drop the charge altogether.

I have seen people charged with "resisting arrest" as the basis for the arrest. Which is rather asinine when you think about it.
The below isn't the original story I saw, but it does discuss this tactic.
Arrested For Resisting Arrest ? Yes, It's Possible : The Two-Way : NPR

At the end of the day, depending upon the cop and the situation, a person may be entirely in the right regarding his actions but the cop may arrest him anyways for no legitimate reason.
And to my limited understanding, there is precious little recourse a citizen can pursue for rectifying the situation.
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