• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Resisting unlawful arrest upheld in NY

Fuller Malarkey

Regular Member
Joined
Sep 12, 2010
Messages
1,020
Location
The Cadre
The judge, Steven M. Statsinger, said in his ruling that the police had mishandled a call to a medical emergency and ended up injuring an already sick man

http://www.nytimes.com/2014/01/17/nyregion/professors-detail-brutal-tangle-with-police.html

"Nineteen hours after her arrest, Ms. LaFont was brought before a judge in Manhattan Criminal Court to face charges of obstructing governmental administration and harassment. The prosecutor on duty offered her a common deal for people who have tussles with the police: plead guilty to disorderly conduct and be released with a penalty of “time served.”

Ms. LaFont refused. “I didn’t believe I did anything wrong,” she said. Over the next months, she also turned down offers from prosecutors to drop the charges in return for meeting certain conditions. What she wanted, she said, was exoneration."


*****

I have yet to see a member here support the resistance of a legal arrest. There has been much conversation of resisting unlawful arrest. While the information provided in this story is very limited, it might appear that at least one judge viewed the resistance this couple put up to what could have killed this heart surgery patient husband was just. Another case where a distressed citizen's call for help was turned into a worse threat than the medical emergency that initiated the call.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Last edited:

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Nice, if not pleasantly surprising, prose from the NY Times. Anyone got a link to ruling stating that the resistance was upheld. I dunno, but, for some reasaon, I kinda like facts.


Sent from my iPad using Tapatalk.

<o>
 

Fuller Malarkey

Regular Member
Joined
Sep 12, 2010
Messages
1,020
Location
The Cadre
Nice, if not pleasantly surprising, prose from the NY Times. Anyone got a link to ruling stating that the resistance was upheld. I dunno, but, for some reasaon, I kinda like facts.


Sent from my iPad using Tapatalk.

<o>

The link wasn't posted for your approval. It was posted to stimulate conversation. You are free to move on to threads more worthy of your attention. Don't read into that any apology for the stories deficiencies. I qualified the lack of details in the OP. You may feel free to take yourself and your cynicism and piss off.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
The link wasn't posted for your approval. It was posted to stimulate conversation. You are free to move on to threads more worthy of your attention. Don't read into that any apology for the stories deficiencies. I qualified the lack of details in the OP. You may feel free to take yourself and your cynicism and piss off.

Well, when rational adults post a thread title asserting that "Resisting unlawful arrest [was] upheld in NY," they back up that assertion. You clearly don't.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I wonder if JAMES C. McKINLEY Jr. might have lied? Unfortunately the NY Law Journal is tightly paywalled so more than its confirmatory headline can't be seen by other than subscribers.

Fetch boy, fetisch.

Then we should not repeat the headline with abandon. Honesty demands that we check our facts, or qualify them: "NY Times says that resisting unlawful arrest was upheld in NY."

As of right now, we have no idea whether it was or not.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
There was no "unlawful" arrest. The sick dude was determined to be nutbag by the cop at that time, right or wrong. The wife "assaulted" a cop, another lawful arrest. the judge basiclly states that this case is so far out there that justice would not be served by prosecuting these two.

Folks in NYC should not rely on this case for future relief. Also, if ya don't believe the "facts" given in the story then ya'll have to wait for the trial to be concluded to get the truth of that matter.
 

CT Barfly

Regular Member
Joined
Jun 13, 2013
Messages
328
Location
Ffld co.
"sui generis"

Citizens of NYC should not look to this ruling for future relief.

correct. the couple are members of the privileged class and received judicial respect/protection because of it. this is not recognition of lawful/legal resistance. the woman committed an unlawful assault on the officer and her arrest was proper.
 
Last edited:

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
correct. the couple are members of the privileged class and received judicial respect/protection because of it. this is not recognition of lawful/legal resistance. the woman committed an unlawful assault on the officer and her arrest was proper.
I suspect that the judge is way smarter than a great many folks. He saw this case as a potential for a jury to actually set a precedent that would allow a citizen to decide when it may be justified to interdict a cop who is arresting someone.

No judge is gunna let mere citizens decide what is reasonable cop behavior in any given situation.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
I suspect that the judge is way smarter than a great many folks. He saw this case as a potential for a jury to actually set a precedent that would allow a citizen to decide when it may be justified to interdict a cop who is arresting someone.

No judge is gunna let mere citizens decide what is reasonable cop behavior in any given situation.

Good point!

Of course some believe the judicial system is to be the final arbitration.
 
Top