Scruit Posted July 1, 2014 Report Share Posted July 1, 2014 https://www.youtube.com/watch?v=T3NR528ffxw Thoughts? As far as I'm concerned: - The officer was not disrepectful in the portions of the video that were shown. - I don't care what her job is - that doesn't absolve her from following lawful orders. Did the think they'd say; "Professor? Oh, on your way then..." - With two officers there it's unfortunate that they had to take her to the ground and coudln't control here while standing - although that's an observation, not a criticism. - If her dress hiked up during this then so be it. Is she claiming intent? - She has no right to kick the officer. She said he was "reaching for her anatomy" which sound like a claim her lawyer and her thought up later. Is she claiming he was trying to molest her? - Dunno if her kick rises to a felony level - Does that state really require non-drivers to show id or be arrested? Not all states do. - Another perfect example of the old adage "If you think you are being wrongfully arrested then just go with it and let your lawyer fix it later." Resisting the police is never a good answer because even if you win, you lose. More so, in fact. I see nothing wrong with the officer's actions here. If anything, the situation would have been resolved sooner without her being thrown to the ground if he'd been MORE aggressive getting her hand behind her back. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted July 1, 2014 Report Share Posted July 1, 2014 Dunno if her kick rises to a felony level Ohio law is: If she "knowingly caused or attempted to cause physical harm" to a person, that is assault. If that person is someone you know or have reasonable cause to believe is a law enforcement officer, that's a felony. There's not a lot of grey area. It will come down to her intent with the kick. Was she intending to cause harm, or just struggling to get away? (which is still resisting arrest, although not a felony) Quote Link to comment Share on other sites More sharing options...
redkow97 Posted July 1, 2014 Report Share Posted July 1, 2014 upon watching the full video, this woman butted heads with a person equally as unwilling as she was to back down. She's used to being the bully rather than the bullied. she's yelling at him to stop being so disrespectful, but then she's not being respectful to him either. The one thing that the officer says that I think is highly suspect is regarding her refusal to provide ID. I don't believe anyone is required to carry ID. You can't refuse to give your name, but you don't have to show an ID card that says who you are either. That's all from memory though, so it's possible there is case law that disagrees with me. Regardless, once the officer is asking her to step aside, etc. she's failing to comply with lawful orders, and they are justified in detaining her. Kicking at him AFTER the struggle was over is total bullshit, and she should get the felony for that. She's a moron. I wouldn't call it aggravated assault (that requires serious physical injury in OH), but she's assaulting an officer for sure. Quote Link to comment Share on other sites More sharing options...
baptizo Posted July 1, 2014 Report Share Posted July 1, 2014 I understand that AZ is a "Stop and Identify" state and so is OH according to this website, so she was required to show her ID or be arrested (officers discretion, I'd hope): http://en.m.wikipedia.org/wiki/Stop_and_identify_statutes Personally, if the po-po get in your face about something, your best bet is to shut up and comply. You can deal with any legal problems related to it at a later date with your lawyer's assistance. 1 Quote Link to comment Share on other sites More sharing options...
OsuMj Posted July 1, 2014 Report Share Posted July 1, 2014 I understand that AZ is a "Stop and Identify" state and so is OH according to this website, so she was required to show her ID or be arrested (officers discretion, I'd hope): http://en.m.wikipedia.org/wiki/Stop_and_identify_statutes Personally, if the po-po get in your face about something, your best bet is to shut up and comply. You can deal with any legal problems related to it at a later date with your lawyer's assistance. Unless I misunderstood, the link you posted says specifically that people are required to state their name and that the court case cited that ID cards are not required. Quote Link to comment Share on other sites More sharing options...
Connie14 Posted July 2, 2014 Report Share Posted July 2, 2014 She could have shown an ID and some respect, and she would have walked away with no charges. It was her ego that was the biggest problem. I have never listed my profession or employer during a traffic stop, because it is immaterial. 1 Quote Link to comment Share on other sites More sharing options...
baptizo Posted July 2, 2014 Report Share Posted July 2, 2014 (edited) No identification is required in Ohio. (vehicle operation is different) That is what I thought was the case here but on another site an AZ resident claimed it is required to show ID if asked and linked the site I had provided (didn't read too much of the details on it) but after reading it more thoroughly, that in fact is not the case. Edited July 2, 2014 by baptizo Quote Link to comment Share on other sites More sharing options...
OsuMj Posted July 2, 2014 Report Share Posted July 2, 2014 She could have shown an ID and some respect, and she would have walked away with no charges. It was her ego that was the biggest problem. I have never listed my profession or employer during a traffic stop, because it is immaterial. I agree, had she been more respectful, it would have changed the whole situation around, but since when do we get arrested for being disrespectful? 1 Quote Link to comment Share on other sites More sharing options...
Tpoppa Posted July 2, 2014 Report Share Posted July 2, 2014 The days of a badge automatically commanding genuine respect are over. You can thank your local militarized police force for that. Kicking a cop is never going to end well. Quote Link to comment Share on other sites More sharing options...
redkow97 Posted July 2, 2014 Report Share Posted July 2, 2014 I agree, had she been more respectful, it would have changed the whole situation around, but since when do we get arrested for being disrespectful? being disrespectful isn't independent grounds for arrest, but it certainly motivates the police to stretch for valid reasons that they might otherwise let slide. She was stopped for walking on the wrong side of the street, which is certainly the type of thing that normally ends with "I know it's a hassle ma'am, but please cross to the other side of the road. It's really for your safety." That said, she can be arrested for it. Failure to comply with a lawful order is also a valid reason to arrest. Then she resisted, and assaulted an officer. Was she being profiled prior to the stop? Probably. Quote Link to comment Share on other sites More sharing options...
Josh1234 Posted July 2, 2014 Report Share Posted July 2, 2014 I'd "profile" any moron who's walking down the MIDDLE of the street. I watched the video, and I have to side with the cops on this one. He flat out explained that the woman needed to show ID or be arrested. The woman then chose to ignore that and try and focus on "oh, but you're not being respectful." And the cop was CLEARLY trying to pull her skirt DOWN. Let's hear it for sensitivity training! I'd've arrested her for not showing her ID (if that's really the law, like he explained) but I'd prosecute for assaulting a cop. Quote Link to comment Share on other sites More sharing options...
Steve Butters Posted July 3, 2014 Report Share Posted July 3, 2014 this isnt even big news here. i didnt even hear about until i logged on OR Quote Link to comment Share on other sites More sharing options...
Scruit Posted July 6, 2014 Author Report Share Posted July 6, 2014 They are now reporting that as a pedestrian she was not required to show ID... Quote Link to comment Share on other sites More sharing options...
redkow97 Posted July 7, 2014 Report Share Posted July 7, 2014 They are now reporting that as a pedestrian she was not required to show ID... That sounds correct to me. That said, you do have to provide your name, and you must do so truthfully. It doesn't have to be on an ID card though. Failure to provide identifying information is beyond the scope of your right to remain silent. Your identity is not inherently incriminating. the cop did not properly phrase why she was being subject to arrest, but that doesn't invalidate the underlying confrontation. There were other valid reasons for her arrest. I don't think a failure to properly articulate those reasons (and threatening her with an invalid reason) is a fatal issue in this scenario. She knew she wasn't supposed to be walking in the street. The argument pretty much ends there. Quote Link to comment Share on other sites More sharing options...
owndjoo Posted July 10, 2014 Report Share Posted July 10, 2014 They are now reporting that as a pedestrian she was not required to show ID...that's true... unless you are suspected of committing a crime... walking down the middle of the street (and to me, looking/sounding as being intoxicated) could be grounds that this person is committing multiple crimes (jay walking, drunk in public, disorderly conduct, etc.) that opens the door to the ID situation. Quote Link to comment Share on other sites More sharing options...
HeavyDuty Posted July 10, 2014 Report Share Posted July 10, 2014 I wonder how long it will take for the race card to get pulled its always a good fall back position these days Quote Link to comment Share on other sites More sharing options...
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