Unconstitutional Arrest for exercising NATURAL RIGHTS

[1775novten]

Once she started with the fake water works @ 2:55, I lost interest. If she was truly pregnant, then she should be at home instead of adding the extra stress of being in a protest and putting herself in this potential situation. Bad momma bear :/

[SadisticReviews]

disturbing the peace vs. peaceful protest. Property owner wins if they filed the complaint.

[alexhamster1134]

speech

[DemonosZXZ]

yeah but arent the cops disturbing the peace um im confused.

[sporaticayt]

Lot's and lot's of talk in this thread. How many of the talkers have stepped away from their keyboards and made any effort toward raising money to bail the "arrestables" out of jail?

[Chadithian]

@sporaticayt we have...

[sporaticayt]

@Chadithian ~ Good.

[sporaticayt]

Wow! She actually said, "It's not up to the citizen," with regard to the person who was making the "citizens arrest." Unbelievable! it is up to the citizen. One citizen has the right to complain and if they so choose, follow through by making a citizens arrest. Three weeks was probably his breaking point. I would have done it after the first hour. residents have a "RIGHT" to quiet enjoyment. Your "RIGHT" to free speech does not trump their "RIGHT(S)."

[Chadithian]

@sporaticayt you're completely right. Focus more on how the gentleman handled the situation. Thats the model to look to.

[obeychange]

ummm... unlike her her co-director Shepard Fairey, filmmaker Melissa Balin had NEVER been arrested prior to her known association with Occupy LA- this marks her 3rd unlawful arrest in a 30 day period... and they wanna pass the NDAA????

[jmessina4]

Cops suck horse cock

[Chadithian]

@jmessina4 I cant speak for their involvement in bestiality, but I can definitely say that they VIOLATED THEIR OATHES OF OFFICE...(if they have taken them)

[tr0n001]

@jmessina4 This is nothing compared to Obama signing MArtial law for the united states.

[sporaticayt]

@tr0n001 ~~ I wonder what percentage of the occupy movement not only voted for Obama, but campaigned for him as well?

[justaman6972]

your friends couldn't have done an evil task, because they were totally following the Constitution and the U.S. Supreme Court. I would submit that Prosecution Counsel's burden is to prove Ithey did willfully and knowingly avoid a known duty or task under the law, namely, to get the license. And they would submit that, and specificly proclude that, the prosecutor cannot perform his task. So charges should be dismissed.

[justaman6972]

United States v. Bishop 412 US 346 (1973):

Sets the standard for criminal violation of Willful Intent to commit a crime. See elements of CRIME as well.

1. It must be proven that you are the party.

2. It must be proven that you had the method or opportunity to do the thing.

3. It must be proven that you did this with a Willful Intent.Willfulness - “An evil motive or intent to avoid a know duty or task under a law, with a moral certainty.”

[justaman6972]

Chad,disturbing the peace is a common law crime and requires the element of standing,or causation which means someone has sworn and signed an affidavit/complaint that you trespassed upon an inherit right protected by the provisions in The Constitution FOR the united states of America. A crime must also contain Mens Rea ,a willful intention to knowingly do an act that is unlawful causing injury to be relieved by court.Without standing there is no crime,codes,ordinances & statutes are not law.

[rachelannetx]

YOU CAN NOT ARREST AN IDEA

[glitchnoise]

loitering. bam no drop on your knees and assume the position!

[glitchnoise]

you can not arrest me for something that is impossible", oh shut up. go back to your fairytale world damn hippie. law is applicable for anything.

[glitchnoise]

this is weak. the world must burn.

[Chadithian]

@glitchnoise the world must never be allowed to burn, and its up to all of us to stop the corporate system from lighting the match.

[JonnyBoy241]

sue these bastards

[JonnyBoy241]

fuking fascists

[JonnyBoy241]

FUCK THE POLICE AND EVERYTHING THEY STAND FOR

[Chadithian]

In order to convict you of disturbing the peace by making "unreasonable noise," the prosecutor must prove that you

a. willfully and maliciously caused loud and unreasonable noise, and

b. the noise disturbed another person.

[Chadithian]

"Maliciously" means intentionally doing a wrongful act with the unlawful intent of annoying or injuring another person.

a. That the noise "disturbed another person" means that the noise

b. presented a danger of immediate violence, or

c. was used for the purpose of disrupting lawful activities (rather than as a means to communicate).

[Chadithian]

Because of the strict nature of these definitions and requirements, police don't frequently arrest people for maliciously causing unreasonable noise. Music, loud cheers, games...these activities aren't typically engaged in for the purpose of "annoying" other people....nor do they present an immediate danger.

[Chadithian]

Heres the Legal definition of California Penal code 148 PC "Resisting Arrest":

In order to convict you of this offense, the prosecutor must prove three facts (otherwise known as "elements of the crime"):

a. that you willfully resisted, delayed, or obstructed an officer

b. when the officer was engaged in the performance of his/her duties, and

c. that you knew or reasonably should have known that he/she was an officer engaged in those duties.

[Chadithian]

let’s take a closer look at some of these terms and phrases to gain a better understanding of their legal definitions.

1.Willfully

You act willfully when you commit an act willingly or on purpose. (In other words, INTENTIONALLY disturbing the peace of another).

[Chadithian]

2. Resist, delay, or obstruct

Physical acts, such as running away or hiding, are clear examples of resisting, delaying, or obstructing arrest. Some not so clear examples involve physical force. The types of physical struggles that trigger this charge take place when you are trying to avoid:

being handcuffed,

being put in a police car, or

being placed in a holding cell.

[Chadithian]

3. Engaged in the performance of his/her duties

To be "engaged" in the performance of duties means the peace officer is:

a. making (or attempting to make) a lawful arrest,

b. exercising custody over a person, who has been placed under a citizen’s arrest,

c. detaining (or attempting to detain) a person for questioning, and / or

d. using reasonable force in an effort to (1) conduct a lawful detention, or (2) make a lawful arrest.

[Chadithian]

The courts have held that the following acts are not by themselves sufficient to support a resisting, delaying, or obstructing conviction:

a. slowly complying with an officer’s order,10

b. refusing to give your name while in a police car en route to jail, or

c. criticizing, swearing at, or otherwise voicing your opinion to the police (unless you’re using "fighting words" to incite a riot in violation of Penal Code 415 PC California’s "disturbing the peace" law).

[Chadithian]

If you physically resist, delay, or obstruct an UNLAWFUL procedure, you are not guilty of this offense. This is because an officer is under no duty to perform an unlawful arrest…and isn’t therefore "engaged in the performance of his/her duties" when he/she does so.

[Chadithian]

A California "resisting arrest" allegation is often a trumped up charge. You may be cited for California Penal Code 148(a)(1) because you were simply dismissive, uncooperative, or rude. Police, like anyone else, experience anger and sometimes seek revenge. But unlike everyone else, police are in a position of authority where they can readily abuse that power.

[Chadithian]

Eyewitness accounts, tape recordings, and independent investigators are useful tools that help expose false allegations for what they really are.

IF THERE IS NO VICTIM THERE IS NO CRIME.

KNOW YOUR RIGHTS.