Understood, and agreed.

 

[quote=tgshoe;5352334]Seems to me the leo that grabbed the employees wrist should be charged with assault. A leo can only LEGALLY arrest you if he has an arrest warrant or he has personally witnesssed you commit a crime.

They can "detain" you for what ever reason they want or want to make up. I have been detained myself.

 

Thanks Gump... My keyboard needed coffee spewed all over it. Made my day...

 

Um... motorcycle riders are running red lights reportedly (does not matter who, patched club members or elderly ladies riding club). Cops stop a group of riders in a parking lot (at a dealership - could have been at a church or Starbucks) and begin to engage that group of riders (not knowing if they are the ones that have been reported). Two people who work at the location that owns the parking lot interject themselves and start verbal/physical altercation with those cops.. sorry, but the two got what they deserve for being stupid. People got to learn when they should become involved in things, and how they should be involved. Maybe they should have asked if both the motorcycles and police could move to the side and take care of thier business (which probably would have been a simple stop it if it is you, and we are watching you message from the cops), or maybe they could have directed other traffic around the group until it ended. Absolutely pointless.

 

[quote=sandsucker;5357350]They can only legally "detain" you for questioning. Then only if you agree, if you do not agree then they either have to let you go or arrest you if they arrest you, you can choose to press charges with the DA for wrongful arrest. Stop being sheep and start learning the law and portect your rights. Stop believing everything you are told, including what I have typed here, and read the law for yourself. If you were "detained" then you were either arrested or agreed to it. You may have been intimidated into it but under the law that is agreement.

 

[QUOTE=tgshoe;5359744]Hopefully your understanding of the law won't get you in hot water someday. The officers absolutely CAN make a physical arrest in the situation referred to in the article. A crime was committed in their presence (we call it Obstructing a Police Officer in my neck of the woods). And police absolutely CAN detain you for a reasonable amount of time while they conduct an investigation. They can't force you to talk, but they CAN detain you.

Imagine this...a report of a robbery in progress at a local convenience store. Witness reports a general physical description of the robber. Officer arrives to see a guy walking brickly away from the store matching that general description. Officer tries to detain guy until it can be determined that he is, or is not involved. Guy says, no thank you officer, I choose not to allow you to detain me today, I am late for an appointment. Oh, well, sorry to have disturbed you sir, please be on your way. Oh, and please don't make a complaint against me.

Oh, and placing your hands on someone in order to effect an arrest is assault? In what universe????? We do it every day.

And...police officers can usually, but not always, control exactly where a stop happens. Some drivers are just plain stupid. If it's in a bad spot, and the situation allows for it, we'll move someone after that initial contact. But if the driver is drunk we CAN't let them move. Not another foot. There ARE situations where we just have to play the hand we're dealt.

The article doesn't really describe the events leading up to the contact with the HA's, so it remains to be seen whether or not there was probable cause. But once the officers were in the middle of this mess, and outnumbered, the 2 HD employees were just plain stupid to interfere. There probably would have been a reasonable time, at some point during all of this, for one of them to quietly ask "Is there any way you guys could move forward 50 feet?" I'll bet it would have turned out differently than approaching 2 cops, already on edge, in an aggressive manner.

This thing would have had the same end result in 100 different cities.

 

[quote=stro1965;5360006] Just proof that even the leo's don't know what the law says. The law says what it says no matter what you say!! If you read my original statement then you would know that I infact stated that a leo can arrest if they witnessed the crime. Just because you do it doesn't mean the law allows it. See my statement about these actions being covered up and defended by the government. In your example a person moving around outside a place that has reportedly been robbed and this person fits the description can in fact be "detained" on reasonable suspiscion. However he can only be taken anywhere if he is arrested or he agrees to go willingly. This "crime" was not witnessed and the only thing the leos witnessed that could be reasonable suspicion is they are riding a motorcycle. That is hardly grounds. The assault occured during an action taken by a leo that was unwarranted and therefore not official duty therefore it is asssault. Cops cannot do anything they want and get away with it. People are like sheep they believe out of fear anything they are told. As I said before leo's should not be beleived as they all to often merely try to make their job easier and circumvent the very law they are supposed to be upholding. I have no vested interest in the outcome one way or another, merely making an observation based on the events as reported in conjunction with what the Statutes say. As far as what the laws says inregards to getting me in trouble it may very well someday, but that doesn't mean I am wrong. Just merely the victim of another leo out to prove he can do anything he wants and the department will cover him. Not all leo's are like this but more and more this IS occuring.

 

Right. its a tuff war between two MC's, I am sure the HA's were concerned about their safety caught in such a strange place.