Can Police make up a charge to get you arrested?, page 1
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Topic started on 26-4-2009 @ 01:13 PM by xunearthhxcx
I was looking for vids about police abuse/brutality and making up laws and came across this on youtube..
Here

this seems to be a protest about the recent Joe Arpaio sweep in Arizona

so basically, can police put a cone on a sidewalk and tell you not to cross it? and if you do, can they make up a charge just because they want to ?


reply posted on 26-4-2009 @ 01:52 PM by purehughness
reply to post by ivycutler



The whole 'breach of the peace' in this country is so bogus. It's way too open ended to hold up to anything. Hell, you could be playing a stereo too loud, and someone might complain... 'Breach of the peace' apparently. But by the same token, couldn't police creating a scene be construed as breaching the peace, just by being an intimidating prescence?
Just what 'peace' is there really in this society exactly to breach?



reply posted on 26-4-2009 @ 02:30 PM by Epic Wolf
reply to post by LeaderOfProgress



Why? That sounds like profiling to me.

It's not illegal to drive somewhere, even if it's not your neighborhood. You can drive anywhere that's public property.



reply posted on 26-4-2009 @ 03:08 PM by fraterormus
In the United States you can be arrested for *ANY* reason by the Police.

However, you can not be held for longer than 24 hours (72 hours if you are arrested on a Friday) without being Arraigned (formally charged).

If you are arrested for either a fraudulent charge, or for something that cannot be prosecuted with a certain amount of certainty of a conviction, the District Attorney will generally drop the charges right there at your Arraignment (or between your Arraignment and Trial).

It is for this reason, when a Law Enforcement Officer attempts to arrest you, no matter how stupid they are, or how stupid their reasons, just go along with it. Don't argue...don't attempt to quote the Law, even if you know it better than they do. Law Enforcement Officers are not lawyers. They are generally High School Graduates with no further education. If you don't just sigh and go along with it you could very easily escalate the situation and be further charged with Resisting Arrest, which increases your chances of facing actual Charges and being found Guilty.

I've been arrested 3 times. Basically, each time, the Officers stated "We're not really sure who's at fault here, so we're just going to arrest everyone and let the DA sort it out." Fair enough. Went along peacefully, went through Booking, posted Bail, showed up to my Arraignment Hearing to find the DA never filed Charges because no crime had been committed, got my Bail Money back in the Mail 2 weeks later. Minor two hour interruption in my life each time. No big.

Whether a law has been broken or not is for DAs, Lawyers and Judges to figure out. Law Enforcement isn't capable of that. They may ask Dispatch to look up Criminal Code for them, but Dispatch isn't qualified to be making legal judgments either. This is also why Law Enforcement will almost never get involved in Civil Issues and restrict their Law Enforcement to only Criminal Issues.

Yes, it's ridiculous that we don't require Law Enforcement to be versed in the actual laws they are enforcing, however, that is the way it is. It's not in their job description. When in any doubt, they arrest. That's their job. They leave the decision of whether a law has been broken, or an actual crime committed, to the professionals; being the DA and the Judge assigned the case...which ultimately is probably for the best.

If you feel that you an arresting Officer has acted improperly, committed misconduct, or even harassed you repeatedly, you can file a complaint alleging a violation of your rights, you may contact the Department of Justice directly, or the Federal Bureau of Investigation (FBI) which is responsible for investigating allegations of criminal deprivations of civil rights. You may also contact the United States Attorney's Office (USAO) in your district. The FBI and USAOs have offices in most major cities and have publicly-listed phone numbers. In addition, you may send a written complaint to:

Criminal Section - PHB
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, D.C. 20530


reply posted on 26-4-2009 @ 03:16 PM by andy1033
reply to post by HiAliens



I have talked about it alot here, and you can find from my other posts. But trust me this thread is real even today. The ipcc are useless, and are not there for the people.
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