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Posted: 1/29/2015 3:28:32 PM EDT
[#1]
I can see the cops point of view. She was not representing the "client" in the matter they were investigating and it was not a custodial interview. Yet it seems like a very stupid thing for the cops to do.
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Posted: 1/29/2015 3:31:10 PM EDT
[#2]
Quote HistoryQuoted:
I can see the cops point of view. She was not representing the "client" in the matter they were investigating and it was not a custodial interview. Yet it seems like a very stupid thing for the cops to do. Quote HistoryQuoted:
I can see the cops point of view. She was not representing the "client" in the matter they were investigating and it was not a custodial interview. Yet it seems like a very stupid thing for the cops to do. She asked for it... she legitimately asked to be arrested. Other attorneys with the public defender’s office filmed the interaction, in which the plainclothes officer, Sgt. Brian Stansbury, told Tillotson, “I just want to take some pictures, OK, and he’ll be free to go.” When she declined his request, Stansbury said, “If you continue to do this, I will arrest you for resisting arrest.”
“Please do,” Tillotson responded |
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Posted: 1/29/2015 3:35:16 PM EDT
[#3]
Haha.jpg
Posted Via AR15.Com Mobile |
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Posted: 1/29/2015 3:35:40 PM EDT
[#4]
The DA's office is going to tell the cops their shits fucked up and they're retarded. It will be tossed.
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Posted: 1/29/2015 3:36:31 PM EDT
[#5]
A lawyer has the right to interfere with questioning. Photography, not so much.
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Posted: 1/29/2015 3:38:07 PM EDT
[#6]
That is not exactly true. The cop is going to get bitch slapped in this instance.
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Posted: 1/29/2015 3:38:17 PM EDT
[#7]
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply.
Not saying the defendant was a saint here. Just not agreeing with the way this was handled. |
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Posted: 1/29/2015 3:40:53 PM EDT
[#8]
Arrest me for resisting arrest ????
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Posted: 1/29/2015 3:47:19 PM EDT
[#9]
In before
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Posted: 1/29/2015 3:52:02 PM EDT
[#10]
Quote HistoryQuoted: Arrest me for resisting arrest ???? My thought too...
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Posted: 1/29/2015 3:52:31 PM EDT
[#11]
Quote HistoryQuoted:
Arrest me for resisting arrest ???? Yep. How exactly was she resisting arrest in questioning the officer's "not being detained" questions and photography? |
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Posted: 1/29/2015 3:55:13 PM EDT
[#12]
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Posted: 1/29/2015 3:56:12 PM EDT
[#13]
Lawyers vs Cops Oh goodie!
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Posted: 1/29/2015 3:56:53 PM EDT
[#14]
Quote HistoryQuoted:
LOL, WTF is that ??? Quote HistoryA monkey flinging poo. 
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Posted: 1/29/2015 3:56:54 PM EDT
[#15]
Monkey flinging poo.
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Posted: 1/29/2015 3:58:25 PM EDT
[#16]
Meanwhile, at the Hall of Justice....
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Posted: 1/29/2015 4:00:47 PM EDT
[#17]
Quote HistoryQuoted:
Meanwhile, at the Hall of Justice.... http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg 
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Posted: 1/29/2015 4:01:33 PM EDT
[#18]
Courthouse isn't the place for that.
In the end, no one will really get into any kind of serious trouble, other than being pissed off, but you're starting to dance with the idea of a "police" state if you don't nip this in the bud right now. |
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Posted: 1/29/2015 4:11:05 PM EDT
[#19]
Quote HistoryQuoted:
Meanwhile, at the Hall of Justice.... http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg
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Posted: 1/29/2015 4:14:17 PM EDT
[#20]
Quote HistoryQuoted:
Meanwhile, at the Hall of Justice.... http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg 
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Posted: 1/29/2015 4:15:05 PM EDT
[#21]
State Attorney's Office will drop charges on a minimum and will bitch slap the agency for fucking with one of their own.
This will be a turf war in thd courtrooms.
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Posted: 1/29/2015 4:17:49 PM EDT
[#22]
Quote HistoryQuoted:
I can see the cops point of view. She was not representing the "client" in the matter they were investigating and it was not a custodial interview. Yet it seems like a very stupid thing for the cops to do. https://supreme.justia.com/cases/federal/us/486/675/ Read the supreme court case of ARIZONA, Petitioner v. Ronald William ROBERSON. They ruled that because a defendant had a lawyer in an earlier case that he couldn't wave his right to counsel in a different case without counsel. Even though the police didn't know of the earlier case the SC said they should have known. This guy was with his lawyer outside of court and is much more clear cut than that case. |
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Posted: 1/29/2015 4:20:25 PM EDT
[#23]
Could have and should have been handled a whole lot better than this. The attorney should not have been arrested because the officers should have been a whole lot smarter about what they were trying to do. And the prosecutor should have coordinated something with the Defense attorney to facilitate the photography.
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Posted: 1/29/2015 4:28:47 PM EDT
[#24]
Quote HistoryQuoted:
Quote HistoryQuoted:
Quoted:
Meanwhile, at the Hall of Justice.... http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg
You know you all read it in that voice too. 
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Posted: 1/29/2015 4:32:53 PM EDT
[#25]
Quote HistoryQuoted:
That is not exactly true. The cop is going to get bitch slapped in this instance. bet money on it. And to everyone here siding with the police, you are the same wretches who are outraged when it happens to YOU. 
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Posted: 1/29/2015 4:34:50 PM EDT
[#26]
Quote HistoryQuoted:
Courthouse isn't the place for that. In the end, no one will really get into any kind of serious trouble, other than being pissed off, but you're starting to dance with the idea of a "police" state if you don't nip this in the bud right now. other than being pissed off? This is the kind of ignorance that really gets to me...first she has an arrest on her record now. She has to get this expunged. Every job she applies for particularly federal jobs with sec clearance, she must disclose. |
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Posted: 1/29/2015 4:36:53 PM EDT
[#27]
She did not create joinder.
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Posted: 1/29/2015 4:37:59 PM EDT
[#28]
Quote HistoryQuoted: I can see the cops point of view. She was not representing the "client" in the matter they were investigating and it was not a custodial interview. Yet it seems like a very stupid thing for the cops to do. That just makes their actions even more idiotic. |
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Posted: 1/29/2015 4:38:35 PM EDT
[#29]
Quote HistoryQuoted:
other than being pissed off? This is the kind of ignorance that really gets to me...first she has an arrest on her record now. She has to get this expunged. Every job she applies for particularly federal jobs with sec clearance, she must disclose. Quote HistoryQuoted:
Quoted:
Courthouse isn't the place for that. In the end, no one will really get into any kind of serious trouble, other than being pissed off, but you're starting to dance with the idea of a "police" state if you don't nip this in the bud right now. other than being pissed off? This is the kind of ignorance that really gets to me...first she has an arrest on her record now. She has to get this expunged. Every job she applies for particularly federal jobs with sec clearance, she must disclose. What, you mean simply being arrested is actually a terrible thing? I have been reassured that this all gets 'fixed' in court! 
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Posted: 1/29/2015 4:38:42 PM EDT
[#30]
Meh, I wouldn't hire a defense attorney unless they'd been arrested once or twice for their client.
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Posted: 1/29/2015 4:39:11 PM EDT
[#31]
Not Guilty.
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Posted: 1/29/2015 4:41:07 PM EDT
[#32]
Quote HistoryQuoted:
You know you all read it in that voice too. Quote HistoryQuoted:
Quoted:
Quoted:
Meanwhile, at the Hall of Justice.... http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg
You know you all read it in that voice too. Sure did. |
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Posted: 1/29/2015 4:41:46 PM EDT
[#33]
Quote HistoryQuoted:
I can see the cops point of view. She was not representing the "client" in the matter they were investigating and it was not a custodial interview. Yet it seems like a very stupid thing for the cops to do. Indeed. Don't fight it on the side of the road, wait until court. Posted Via AR15.Com Mobile |
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Posted: 1/29/2015 4:48:08 PM EDT
[#34]
Sounds like the cop messed up to me but I'm no expert are there any lawyers on this forum?
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Posted: 1/29/2015 4:48:24 PM EDT
[#35]
Douchebag
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Posted: 1/29/2015 4:50:05 PM EDT
[#36]
He wasn't being questioned. He was being arrested. Its a thin legal line but its there. If they were just detaining him for arrest then she is in the wrong.
They probably told her to step off and get out the way and she refused. That's what got her obstructing. She could have talked to him at the station. The arrest wont hold up because of politics but I see why they did it. |
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Posted: 1/29/2015 4:55:28 PM EDT
[#37]
Quote HistoryQuoted:
He wasn't being questioned. He was being arrested. Its a thin legal line but its there. If they were just detaining him for arrest then she is in the wrong. They probably told her to step off and get out the way and she refused. That's what got her obstructing. She could have talked to him at the station. The arrest wont hold up because of politics but I see why they did it. Read the article. He was not being arrested. He was being questioned and photographed. Like I said, this could have been handled a whole lot better with coordination between the LEO, the Prosecutor, and the PD. Some jurisdictions do a better job of this. |
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Posted: 1/29/2015 4:56:07 PM EDT
[#38]
Quote HistoryQuoted:
He wasn't being questioned. He was being arrested. Its a thin legal line but its there. If they were just detaining him for arrest then she is in the wrong. They probably told her to step off and get out the way and she refused. That's what got her obstructing. She could have talked to him at the station. The arrest wont hold up because of politics but I see why they did it. Do you have some other knowledge of this case because that is not what the story said. |
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Posted: 1/29/2015 4:56:55 PM EDT
[#39]
Quote HistoryQuoted:
She did not create joinder. She should have created joinder 
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Posted: 1/29/2015 4:57:36 PM EDT
[#40]
Quote HistoryQuoted:
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile |
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Posted: 1/29/2015 4:59:19 PM EDT
[#41]
Quote HistoryQuoted:
If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile Quote HistoryQuoted:
Quoted:
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile Depends on the jurisdiction. A lot of local rules require Miranda even before custodial interrogation begins. |
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Posted: 1/29/2015 5:00:17 PM EDT
[#42]
Quote HistoryQuoted:
If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile Quote HistoryQuoted:
Quoted:
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile well you are making me dig deep back to law school, but there is a difference in the rights invoked from Miranda and from those once he indicates he wants a lawyer. I apologize I cannot terse out the details right now from memory, a better lawyer than me will be along shortly. |
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Posted: 1/29/2015 5:01:50 PM EDT
[#43]
Quote HistoryQuoted: well you are making me dig deep back to law school, but there is a difference in the rights invoked from Miranda and from those once he indicates he wants a lawyer. I apologize I cannot terse out the details right now from memory, a better lawyer than me will be along shortly. |
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Posted: 1/29/2015 5:03:13 PM EDT
[#44]
Quote HistoryQuoted: If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile Quote HistoryQuoted: Quoted: Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile |
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Posted: 1/29/2015 5:05:24 PM EDT
[#45]
Quote HistoryQuoted:If he's not in custody how do you arrest someone for interfering with photographing him? |
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Posted: 1/29/2015 5:06:30 PM EDT
[#46]
Quote HistoryQuoted:
If he's not in custody how do you arrest someone for interfering with photographing him? Quote HistoryQuoted:
Quoted:
Quoted:
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile In Florida it would be Resisting an Officer Without Violence. That is to say the suspect was arrested for interfering with an officer while he was executing a lawful duty. Here, if the officer was lawfully taking photographs, the PD could be arrested for interfering with such (if CA law is comparable to FL law). That said, I still think this was a stupid arrest even if legally sustainable. |
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Posted: 1/29/2015 5:09:33 PM EDT
[#47]
California has some "obstructing a police investigation" charge she got arrested for in addition to resisting arrest
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Posted: 1/29/2015 5:12:13 PM EDT
[#48]
Quote HistoryQuoted:
If he's not in custody how do you arrest someone for interfering with photographing him? Quote HistoryQuoted:
Quoted:
Quoted:
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in. Posted Via AR15.Com Mobile |
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Posted: 1/29/2015 5:13:24 PM EDT
[#49]
Quote HistoryQuoted:
State Attorney's Office will drop charges on a minimum and will bitch slap the agency for fucking with one of their own. This will be a turf war in thd courtrooms. For a public defender? I could see it if she worked at some fancy firm the prosecutor wanted to be a partner at in the future. |
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Posted: 1/29/2015 5:13:27 PM EDT
[#50]
Quote HistoryQuoted:
By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in. Posted Via AR15.Com Mobile Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Yeah, I'm thinking the kid should have walked away. Lawyer did nothing wrong either. If the Officer wanted information beyond name and address then I would have thought a Miranda warning would apply. Without a formal detention or arrest, then no picture either if he did not want to comply. Not saying the defendant was a saint here. Just not agreeing with the way this was handled. If he's not in custody you don't need Miranda. Posted Via AR15.Com Mobile By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in. Posted Via AR15.Com Mobile Which would not get filed in a million years. |
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