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Link Posted: 1/29/2015 5:13:35 PM EDT
[#1]
Link Posted: 1/29/2015 5:14:27 PM EDT
[#2]
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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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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.


Yes for a Public Defender. Or any other member of the Bar. At least they should.
Link Posted: 1/29/2015 5:15:13 PM EDT
[#3]
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So if a police officer walks up to someone and says "hey I wanna talk to you and take your photo" and his lawyer says "No way, don't do it, just leave" you are claiming a crime is committed?  
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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.

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If he's not in custody how do you arrest someone for interfering with photographing him?  


By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

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So if a police officer walks up to someone and says "hey I wanna talk to you and take your photo" and his lawyer says "No way, don't do it, just leave" you are claiming a crime is committed?  


I don't see a crime there.
Link Posted: 1/29/2015 5:16:15 PM EDT
[#4]
Wow what a snarky and tyrannical JBT.  The PD is probably a flaming lib, but I don't see anything wrong with what she did.  And she did good by not running her mouth and just letting them arrest her.
Link Posted: 1/29/2015 5:16:39 PM EDT
[#5]
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Which would not get filed in a million years.
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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
If he's not in custody how do you arrest someone for interfering with photographing him?  


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.


She might beat the rap but she won't beat the ride.



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Link Posted: 1/29/2015 5:17:01 PM EDT
[#6]
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Meanwhile, at the Hall of Justice....
http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg



I can't believe I just said that outloud... Everyone  is looking at me now...
Link Posted: 1/29/2015 5:17:16 PM EDT
[#7]
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Yes for a Public Defender. Or any other member of the Bar. At least they should.
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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.


Yes for a Public Defender. Or any other member of the Bar. At least they should.


Hell, especially a PD.  They all have the same employer.
Link Posted: 1/29/2015 5:18:53 PM EDT
[#8]
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She might beat the rap but she won't beat the ride.



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Which would not get filed in a million years.


She might beat the rap but she won't beat the ride.



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If I were the prosecutor in that case, I would immediately file an ex parte motion to have her released on her own recognizance while I went through the process of dropping the case.
Link Posted: 1/29/2015 5:20:20 PM EDT
[#9]
Link Posted: 1/29/2015 5:21:09 PM EDT
[#10]












So this dirtbag cop has a pending live lawsuit against him for the same kind of behavior, and he pulls this? In a courthouse? Arresting a lawyer for resisting arrest (always love that one) and trying to represent her client? lol. What a bunch of scumbags.











 
Link Posted: 1/29/2015 5:21:53 PM EDT
[#11]
Link Posted: 1/29/2015 5:22:47 PM EDT
[#12]
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If I were the prosecutor in that case, I would immediately file an ex parte motion to have her released on her own recognizance while I went through the process of dropping the case.
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Which would not get filed in a million years.


She might beat the rap but she won't beat the ride.



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If I were the prosecutor in that case, I would immediately file an ex parte motion to have her released on her own recognizance while I went through the process of dropping the case.


Anyone with any sense would want to distance themselves from that situation.  That's like a grab-bag of constitutional violations.
Link Posted: 1/29/2015 5:24:11 PM EDT
[#13]
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I guess the part I don't get is how can the police detain the guy in the first place, force him to be photographed with no charges pending? Maybe my dayquil is affecting me
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Just show them your papers and move along, comrade.
Link Posted: 1/29/2015 5:25:34 PM EDT
[#14]
Link Posted: 1/29/2015 5:25:41 PM EDT
[#15]

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By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.



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She's Constitutionally allowed to obstruct the investigation.



 
Link Posted: 1/29/2015 5:25:51 PM EDT
[#16]

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the cop who arrested her already has one lawsuit pending for when he got in a fight with an off duty police officer he stopped for having a missing license plate, so I guess one more won't matter.


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She might beat the rap but she won't beat the ride.







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the cop who arrested her already has one lawsuit pending for when he got in a fight with an off duty police officer he stopped for having a missing license plate, so I guess one more won't matter.



Not to stereotype, but a 17 year San Francisco female public defender? She probably fantasizes about fucking over cops. The cop must have really wanted that photo.

   





 
 


It seems like someone being sued for misconduct wouldn't want to give the plaintiff some additional "pattern of behavior" evidence...



 
Link Posted: 1/29/2015 5:26:46 PM EDT
[#17]
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By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

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If he's not in custody how do you arrest someone for interfering with photographing him?  


By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

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She was his attorney. Her job was to butt in. If she didn't butt in when she saw her client detained by the police, then she was at least negligent and probably worse.
Link Posted: 1/29/2015 5:27:35 PM EDT
[#18]
Link Posted: 1/29/2015 5:28:37 PM EDT
[#19]
Hmm. Not sure who to bash here. The cop? The lawyer? The person of interest? All three? None? Well i'll ponder it as I stare out into the carribean and have another sip or two of rum..
Link Posted: 1/29/2015 5:29:57 PM EDT
[#20]
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I guess the part I don't get is how can the police detain the guy in the first place, force him to be photographed with no charges pending? Maybe my dayquil is affecting me
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Its not like cops are required to be knowledgeable of the law.  Simply having 'good intentions' is all they seem to need.
Link Posted: 1/29/2015 5:30:09 PM EDT
[#21]
Link Posted: 1/29/2015 5:33:38 PM EDT
[#22]
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So if a police officer walks up to someone and says "hey I wanna talk to you and take your photo" and his lawyer says "No way, don't do it, just leave" you are claiming a crime is committed?  
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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
If he's not in custody how do you arrest someone for interfering with photographing him?  


By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

Posted Via AR15.Com Mobile
So if a police officer walks up to someone and says "hey I wanna talk to you and take your photo" and his lawyer says "No way, don't do it, just leave" you are claiming a crime is committed?  

What are you, dense? It was quite obvious she was resisting arrest. Just put your hands behind your back, you can tell it to the judge.
Link Posted: 1/29/2015 5:33:38 PM EDT
[#23]
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Arrest me for resisting arrest ????
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I'm going to piss on you because you're on fire.

"But I'm not on fire."

Now you are (pulls lighter).
Link Posted: 1/29/2015 5:33:54 PM EDT
[#24]
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why are you on arfcom?  
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Hmm. Not sure who to bash here. The cop? The lawyer? The person of interest? All three? None? Well i'll ponder it as I while I stare out into the carribean and have another sip or two of rum..
why are you on arfcom?  


It's getting dark and the scenery izn't the same as it was. GD and rum has tremendous entertainment value..
Link Posted: 1/29/2015 5:35:11 PM EDT
[#25]
Link Posted: 1/29/2015 5:37:42 PM EDT
[#26]
Oh look, a lawyer/cop thread. It ought to be good for about 1,422 posts by Aimless.

Link Posted: 1/29/2015 5:37:53 PM EDT
[#27]
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Hell, especially a PD.  They all have the same employer.
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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.


Yes for a Public Defender. Or any other member of the Bar. At least they should.


Hell, especially a PD.  They all have the same employer.

This is definitely a learning experience for me then. I though generally everybody looked down on PDs. I feel like I just watched one of those old 'the more you know' commercials, I can hear the little tune in the background. Carry on then.
Link Posted: 1/29/2015 5:38:31 PM EDT
[#28]
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Oh here we go, another cop-bashing thread.  
 
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Quoted:If he's not in custody how do you arrest someone for interfering with photographing him?  
Oh here we go, another cop-bashing thread.  
 



If cops wouldn't continue to do dumb shit that gets caught on video, they wouldn't get bashed on ARFCOM - at least not nearly as much (you know, where all of ARFCOM agrees that the cop was a dumb shit except the thin blue line that gets paged to come and blindly defend them). I think we're pretty fair on the policia on this forum, even the LE will speak out against overt bad behavior - you guys would have a conniption fit if you had the job of defending this type of stuff on something like The Ferguson Missouri Topix. LE has had the luxury of never being questioned for decades - they got the benefit of the doubt. In LE circles they still get the benefit of the doubt, but social media has allowed the negative press to get out wider, and 24/7 surveillance has given civilians with legitimate claims against law enforcement enough proof to win claims in court. Darren WIlson = Good Shot. This = dumb shit knee jerk reaction by local PD.

Anyone that knows anything about the US legal system has to admit that local LE arresting a public defender on the courthouse steps is asking for bad press. The screen cap somebody put up looks like the cover or a low rate Lifetime movie about racial injustice.
Link Posted: 1/29/2015 5:40:39 PM EDT
[#29]
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I don't see a crime there.
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By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

Posted Via AR15.Com Mobile
So if a police officer walks up to someone and says "hey I wanna talk to you and take your photo" and his lawyer says "No way, don't do it, just leave" you are claiming a crime is committed?  


I don't see a crime there.


Obviously we need a law against obstructing a consensual encounter.
Link Posted: 1/29/2015 5:43:22 PM EDT
[#30]
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  My thought too...
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Arrest me for resisting arrest ????

  My thought too...


In California "resisting arrest" is slang for resist, obstruct or delay a peace officer. any one of the three is "resisting arrest."  If you use force to resist it becomes CPC 69 resist with force, a felony.
Link Posted: 1/29/2015 5:44:19 PM EDT
[#31]
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Safe Harbor.  Once the suspect says the "L" word the police cannot continue to question.  However, if the suspect voluntarily re-initiates the conversation then anything he says is admissible.
 
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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.
Safe Harbor.  Once the suspect says the "L" word the police cannot continue to question.  However, if the suspect voluntarily re-initiates the conversation then anything he says is admissible.
 


damn you are on it.
Link Posted: 1/29/2015 5:47:00 PM EDT
[#32]

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Indeed.  Don't fight it on the side of the road, wait until court.



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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.



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Hopefully she and their entire office rapes the living shit out of those sorry excuses for cops.




Given that she was THERE, the idea that she wasn't representing him is dubious at best, and the non-custodial nature makes it even more stupid.  He could have told them to fuck off and walk away. (Which he should have done)
Link Posted: 1/29/2015 5:47:12 PM EDT
[#33]
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She's Constitutionally allowed to obstruct the investigation.
 
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By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

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She's Constitutionally allowed to obstruct the investigation.
 


Did the suspect invoke?

So a PD can butt into any police contact just because they represented some guy on a prior case?

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Link Posted: 1/29/2015 5:48:35 PM EDT
[#34]
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Meanwhile, at the Hall of Justice....
http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg
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I thought it was, "Meanwhile, at the Great Hall of the Justice League..."
Link Posted: 1/29/2015 5:48:37 PM EDT
[#35]

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If he's not in custody you don't need Miranda.



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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




 
If he's not in custody he can give them the finger, tell the cops their moms suck in the sack, and walk away.
Link Posted: 1/29/2015 5:49:21 PM EDT
[#36]
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  If he's not in custody he can give them the finger, tell the cops their moms suck in the sack, and walk away.
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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.

  If he's not in custody he can give them the finger, tell the cops their moms suck in the sack, and walk away.


I agree

Did he do that or was he happy talking to the police until the PD butted in?

Sorry I'm having issues with my iPhone


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Link Posted: 1/29/2015 5:49:28 PM EDT
[#37]
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If he's not in custody how do you arrest someone for interfering with photographing him?  
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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
If he's not in custody how do you arrest someone for interfering with photographing him?  


Can the cop lawfully take photographs of someone in a public place? is it part of his duties or serving an enforcment or investigative purpose? did someone delay his completion of those duties?  If so you have the elements of the crime for CPC 148 in the state this occured in.  The state really should clear it up though by making it three seperate penal code sections instead of having resist, obstruct or delay all the same section.
Link Posted: 1/29/2015 5:50:16 PM EDT
[#38]
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I agree

Did he do that or was he happy talking to the police until the PD butted in?


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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

  If he's not in custody he can give them the finger, tell the cops their moms suck in the sack, and walk away.


I agree

Did he do that or was he happy talking to the police until the PD butted in?


Posted Via AR15.Com Mobile



Posted Via AR15.Com Mobile
Link Posted: 1/29/2015 5:50:37 PM EDT
[#39]
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I agree

Did he do that?


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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

  If he's not in custody he can give them the finger, tell the cops their moms suck in the sack, and walk away.


I agree

Did he do that?


Posted Via AR15.Com Mobile


Anyone walking by could tell him he should ignore the LEOs, too.
Link Posted: 1/29/2015 5:51:13 PM EDT
[#40]

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Arrest me for resisting arrest ????

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Link Posted: 1/29/2015 5:51:36 PM EDT
[#41]
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If I were the prosecutor in that case, I would immediately file an ex parte motion to have her released on her own recognizance while I went through the process of dropping the case.
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Which would not get filed in a million years.


She might beat the rap but she won't beat the ride.



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If I were the prosecutor in that case, I would immediately file an ex parte motion to have her released on her own recognizance while I went through the process of dropping the case.


Its a ticket.
Link Posted: 1/29/2015 5:51:38 PM EDT
[#42]
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Did the suspect invoke?

So a PD can butt into any police contact just because they represented some guy on a prior case?

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By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.

Posted Via AR15.Com Mobile
She's Constitutionally allowed to obstruct the investigation.
 


Did the suspect invoke?

So a PD can butt into any police contact just because they represented some guy on a prior case?

Posted Via AR15.Com Mobile


The lawyer can invoke.  They are doing their casual encounter right in front of her, so they approached her apparently.
Link Posted: 1/29/2015 5:52:32 PM EDT
[#43]
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I guess the part I don't get is how can the police detain the guy in the first place, force him to be photographed with no charges pending? Maybe my dayquil is affecting me
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Condition of probation or parole?
Link Posted: 1/29/2015 5:52:41 PM EDT
[#44]
iPhone issues

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Link Posted: 1/29/2015 5:54:44 PM EDT
[#45]


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Can the cop lawfully take photographs of someone in a public place? is it part of his duties or serving an enforcment or investigative purpose? did someone delay his completion of those duties?  If so you have the elements of the crime for CPC 148 in the state this occured in.  The state really should clear it up though by making it three seperate penal code sections instead of having resist, obstruct or delay all the same section.
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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.





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If he's not in custody how do you arrest someone for interfering with photographing him?  






Can the cop lawfully take photographs of someone in a public place? is it part of his duties or serving an enforcment or investigative purpose? did someone delay his completion of those duties?  If so you have the elements of the crime for CPC 148 in the state this occured in.  The state really should clear it up though by making it three seperate penal code sections instead of having resist, obstruct or delay all the same section.





 

Sure, they can take photographs.  But does telling him that he can't take a specific photograph "delay completion of his duties"?  That's weak as shit, and has pretty severe constitutional questions attached to it, especially if coming from a member of the bar who has a relationship with him...




Also, I think that the lawyer can invoke those protections anyway.

 
Link Posted: 1/29/2015 5:54:47 PM EDT
[#46]
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Its a ticket.
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Which would not get filed in a million years.


She might beat the rap but she won't beat the ride.



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If I were the prosecutor in that case, I would immediately file an ex parte motion to have her released on her own recognizance while I went through the process of dropping the case.


Its a ticket.


Article said she was arrested for resisting/obstruction. Where I live, an officer cannot issue a notice to appear on that charge. If she was never taken to the jail, I would ensure no attempt to set a bond occurred and then drop the case.
Link Posted: 1/29/2015 5:56:06 PM EDT
[#47]
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Can the cop lawfully take photographs of someone in a public place? is it part of his duties or serving an enforcment or investigative purpose? did someone delay his completion of those duties?  If so you have the elements of the crime for CPC 148 in the state this occured in.  The state really should clear it up though by making it three seperate penal code sections instead of having resist, obstruct or delay all the same section.
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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
If he's not in custody how do you arrest someone for interfering with photographing him?  


Can the cop lawfully take photographs of someone in a public place? is it part of his duties or serving an enforcment or investigative purpose? did someone delay his completion of those duties?  If so you have the elements of the crime for CPC 148 in the state this occured in.  The state really should clear it up though by making it three seperate penal code sections instead of having resist, obstruct or delay all the same section.


Even if it is a sustainable charge, I would drop it and have a chat with the officer's supervisor.
Link Posted: 1/29/2015 5:57:31 PM EDT
[#48]
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Even if it is a sustainable charge, I would drop it and have a chat with the officer's supervisor.
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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
If he's not in custody how do you arrest someone for interfering with photographing him?  


Can the cop lawfully take photographs of someone in a public place? is it part of his duties or serving an enforcment or investigative purpose? did someone delay his completion of those duties?  If so you have the elements of the crime for CPC 148 in the state this occured in.  The state really should clear it up though by making it three seperate penal code sections instead of having resist, obstruct or delay all the same section.


Even if it is a sustainable charge, I would drop it and have a chat with the officer's supervisor.


It was a very stupid thing to do on the cops part.
Link Posted: 1/29/2015 5:59:29 PM EDT
[#49]
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Meanwhile, at the Hall of Justice....
http://www.cartoonscrapbook.com/01pics-L/super-friends-73_L09.jpg
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Bravo.
Link Posted: 1/29/2015 5:59:38 PM EDT
[#50]

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Did the suspect invoke?



So a PD can butt into any police contact just because they represented some guy on a prior case?



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By obstructing the investigation. They were probably doing a consensual encounter and she decided to butt in.



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She's Constitutionally allowed to obstruct the investigation.

 




Did the suspect invoke?



So a PD can butt into any police contact just because they represented some guy on a prior case?



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What the officers were doing is arguably an ex-parte communication and sanctionable by the Court.  



 

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