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Thread: Public defender arrested for simply representing her client ... cops don't know squat

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    Public defender arrested for simply representing her client ... cops don't know squat

    http://www.loweringthebar.net/2015/0...-defender.html

    Which in turn would mean Tillotson was right to object. Her client may have been standing still, but it wasn't voluntary. That's why the sergeant says that once he gets his pictures, they'll be "free to go." So they were obviously being detained and interrogated in some sense (I'd have at least assumed the officers were asking questions as well as taking photos.) I'm not a criminal-defense attorney, but if I were I'd sure as hell try to put a stop to that. And if I were a client I'd probably fire my attorney if she didn't.

    with video ... everyone should know their rights ... this was so simple, a person should not need a lawyer...but some stupid people do I guess...

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    "You are under arrest for resisting arrest."


    primus, can you explain this charge please?

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    Regular Member WalkingWolf's Avatar
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    Looks like to me the officer was interfering with a court officer in her duties. Hopefully a judge steps in and gives the idiot a taste of his own medicine, but for much longer than an hour.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
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    What separates the winners from the losers is how a person reacts to each new twist of fate.
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    Regular Member HPmatt's Avatar
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    Just give us a cheek swab, a blood sample, a semen sample, a hair sample, a skin sample, a rectal exam, an endoscope down your throat.....and you're free to go....we're not detaining you here...
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

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    Now I've been tossed into a cell for objecting to a judge ... when he let me out he asked the dumbest question of "you know why I tossed you in a cell" to which I replied "you hate the first amendment?"

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Now I've been tossed into a cell for objecting to a judge ... when he let me out he asked the dumbest question of "you know why I tossed you in a cell" to which I replied "you hate the first amendment?"
    Not "hate", but blind refusal to see that others have good reason to disagree.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Now I've been tossed into a cell for objecting to a judge ... when he let me out he asked the dumbest question of "you know why I tossed you in a cell" to which I replied "you hate the first amendment?"
    Once stopped by a cop he asked "do you know why I stopped you?" I replied, "if you don't know then that makes two of us."

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    Regular Member twoskinsonemanns's Avatar
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    It's seem logically impossible to be initially arrested for resisting arrest.
    Also is it legal to be lawfully detained in order to take pictures?
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    It's seem logically impossible to be initially arrested for resisting arrest.
    Also is it legal to be lawfully detained in order to take pictures?
    I would say no, but it was legal for them to take pictures in a public place, just not make demands. The lawyer, IMO, erred by not instructing her clients to turn to the wall and cover their faces.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
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    Quote Originally Posted by color of law View Post
    Once stopped by a cop he asked "do you know why I stopped you?" I replied, "if you don't know then that makes two of us."
    Good one. I have said "You want to be closer to God?" That always gets a goofy look on their face.
    Last edited by davidmcbeth; 02-03-2015 at 03:25 PM.

  11. #11
    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    Good one. I have said "You want to be closer to God?" That always gets a goofy look on their face.
    Have that on video or audio? I think wed all love to hear it
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member OC Freedom's Avatar
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    I see nothing illegal or any wrong doing done by the Storm Troopers. This is the PRK, (Peoples Republic of Kalifornia) and its not part of the United States anymore. When visiting or living in the PRK, realize that you have no rights, for you are a subject, and at the mercy of the state machine. So welcome to Kali, eyes foward, no talking, and enjoy your stay.

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    Quote Originally Posted by Primus View Post
    Have that on video or audio? I think wed all love to hear it
    I made a 3D movie !

    Unfortunately, its tied up in court over producer issues...

  14. #14
    Regular Member Primus's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    I made a 3D movie !

    Unfortunately, its tied up in court over producer issues...
    Wait... So your scared of the court finding out? Or you only made one copy?
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member twoskinsonemanns's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    I would say no, but it was legal for them to take pictures in a public place, just not make demands. The lawyer, IMO, erred by not instructing her clients to turn to the wall and cover their faces.
    Agreed. But in this instance "The sergeant says he just wants to take their pictures and then they'll be "free to go."" Apparently detained.
    "I support the ban on assault weapons" - Donald Trump

    We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission - Ayn Rand

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    This issue is similar to an attorney and client sitting in a police interrogation room.... The client is charged with B&E..... The attorney instructs her client to say nothing on the matter at hand. Then two officers enter the room and then handcuff the defendant and arrest him for murder..
    His attorney of record for the B&E instructs her client to remain silent, now the officers arrest said attorney for obstruction of justice...
    Do we see the similarities between both incidences?

    I see a nice civil settlement in the attorney's future.

    My .02

    Regards

    CCj
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    This issue is similar to an attorney and client sitting in a police interrogation room.... The client is charged with B&E..... The attorney instructs her client to say nothing on the matter at hand. Then two officers enter the room and then handcuff the defendant and arrest him for murder..
    His attorney of record for the B&E instructs her client to remain silent, now the officers arrest said attorney for obstruction of justice...
    Do we see the similarities between both incidences?

    I see a nice civil settlement in the attorney's future.

    My .02

    Regards

    CCj
    I am hoping for more than a settlement, like jail time for the officer in charge. But that is unlikely.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    It would appear in todays legal system, that ignorance of the law by members of the law enforcement community is not a justification for criminal or civil litigation.... How this concept is being accepted by the judicial system is very hard for me as a constitutionalist and a law scholar to accept or understand.


    Evil strives when good man stand by and do nothing... Bullies with badges and guns and low IQ's are a bigger threat to liberty, then we can imagine... The problem is they have the support of other bullies also with guns and badges and higher IQ's that support the lawlessness, under the guise of public safety.

    My .02

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  19. #19
    Regular Member Primus's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    It would appear in todays legal system, that ignorance of the law by members of the law enforcement community is not a justification for criminal or civil litigation.... How this concept is being accepted by the judicial system is very hard for me as a constitutionalist and a law scholar to accept or understand.


    Evil strives when good man stand by and do nothing... Bullies with badges and guns and low IQ's are a bigger threat to liberty, then we can imagine... The problem is they have the support of other bullies also with guns and badges and higher IQ's that support the lawlessness, under the guise of public safety.

    My .02

    CCJ
    Your a law scholar? Cool
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

  20. #20
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Primus View Post
    Your a law scholar? Cool
    Much recognized distinction - one who studies law is a lawyer, one who accepts money for the counsel is an attorney.

    Scholarly is in the eyes of the beholder.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  21. #21
    Regular Member Primus's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Much recognized distinction - one who studies law is a lawyer, one who accepts money for the counsel is an attorney.

    Scholarly is in the eyes of the beholder.
    Gotcha. Like I said... Cool
    "The wicked flee when no man persueth: but the righteous are as bold as a lion" Proverbs 28:1

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    Regular Member SovereigntyOrDeath's Avatar
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    Quote Originally Posted by OC Freedom View Post
    I see nothing illegal or any wrong doing done by the Storm Troopers. This is the PRK, (Peoples Republic of Kalifornia) and its not part of the United States anymore. When visiting or living in the PRK, realize that you have no rights, for you are a subject, and at the mercy of the state machine. So welcome to Kali, eyes foward, no talking, and enjoy your stay.

    So True! That's why I sought political asylum in Idaho.......
    "Nullification is the rightful remedy" Thomas Jefferson
    http://tracking.tenthamendmentcenter...-preservation/

    "Constitutional Carry is not an oxymoron"
    A Sovereign

    "Malo periculosam, libertatem quam quietam servitutem." Thomas Jefferson

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Much recognized distinction - one who studies law is a lawyer, one who accepts money for the counsel is an attorney.

    Scholarly is in the eyes of the beholder.
    Nice thing is that you cannot be required to have a license to accept money for being a legal counsel .

    The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239)
    The practice of Law is AN OCCUPATION OF COMMON RIGHT! (Sims v. Aherns, 271 S.W. 720 (1925))
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  24. #24
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    Nice thing is that you cannot be required to have a license to accept money for being a legal counsel .
    "A person who is legally qualified and licensed to represent a person in a legal matter, such as a transaction or lawsuit."
    http://www.thefreedictionary.com/Legal+counsel
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  25. #25
    Regular Member OC for ME's Avatar
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    Practicing Law Without a License

    Like many other professionals, attorneys must have a license before they can practice law in any state. While license requirements differ slightly from state to state, all states make it illegal to engage in the practice of law without first obtaining a license. Anyone engaged in the practice of law without a license commits a criminal act.

    http://www.criminaldefenselawyer.com...-a-license.htm
    And;
    Faretta v. California, 422 U.S. 806 (1975)

    The Sixth Amendment as made applicable to the States by the Fourteenth guarantees that a defendant in a state criminal trial has an independent constitutional right of self-representation and that he may proceed to defend himself without counsel when he voluntarily and intelligently elects to do so, and, in this case, the state courts erred in forcing petitioner against his will to accept a state-appointed public defender and in denying his request to conduct his own defense.

    https://supreme.justia.com/cases/fed.../806/case.html
    There ya go.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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