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Authorities arrested Hamilton at 8:30 a.m. Thursday as the 48-year-old mowed the foot-high grass at Central Park. Police charged the Sunset Drive resident with obstructing official business and persistent disorderly conduct.
Originally posted by daddyroo45
reply to post by Mudman21
That just takes the cake doesn't it? Unless he mowed the lawn in the nude,or was drunk out of his mind,I would consider what he did a public service.
If found guilty, Hamilton could face up to 90 days in jail and $1,000 in fines.
Here is something you might find interesting. In 1960 in a case Thompson versus NYPD. Mr. Thompson was standing on a street corner talking in a normal voice, to no-one in particular. A patrolman came by and watched for awhile then approched the man and asked him to stop. The man did not listen to the officer and continued to talk. The officer again asked him to stop and he refused and thereafter was arrested on disordly conduct and failure to obey a lowful order. It went all the way to the Supreme Court which ruled in favor of the citizen. The ruling stated that no law officer of a township, village, city, state, or federal government may give an order to a citizen to desist, refrain, stop or any other order that is not backed up by a ordinance, law or proclamation and therefore cannot be arrested for failure to obey a law enforcement officer. The reason behind the ruling was to prevent the establishment of a police state which could control all facets of ones life.
The moral of this is that the officers who arrested Mr. Hamilton illegally asked him to stop, since there is no law governing a citizen cutting the grass at a public park. The officers should have told that busy body who called them they had no grounds to arrest. Telling him to stop was an illegal command since there is no law backing up those commands, i.e. Officer; stop what you are doing, citizen: stop what, officer; stop cutting the grass, bleeeeeep an illegal command by the officer. Falsely arresting someone on an illegal command and then having to call the idiot prosecutor to ask what they can charge him with is also unlawful. They have to inform the citizen at the time of arrest what he being arrested for. Since the command to stop cutting the grass was an illegal command, his subsequent arrest is also illegal. Just thought you might like to know the rights of a citizen. "