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Thread: Arrested for trespass -- on a public street?

  1. #1
    Regular Member Repeater's Avatar
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    Arrested for trespass -- on a public street?

    With implications for Open Carry, I ask the following question:

    In Richmond, do we or do we NOT have a constitutional right to record the cops?

    They seem to think ... NOT:

    Trespassing…on a public street
    On Oct. 31, Ian Graham got dressed for work. Although he is a photographer and more likely to wear jeans on the job, he put on a coat and tie.

    Later that evening he was wearing handcuffs.

    ...

    Around 1 a.m., when the typical Halloween bash is at its scariest, he got a phone call from Preston Duncan, the publisher of RVA Magazine. The police were moving on the Occupy Richmond site. Let’s get over there and cover it, Duncan said..

    In an account published at rvamag.com, Duncan wrote that while he and Graham were standing on the public sidewalk on the perimeter of the plaza, they were threatened with arrest by the police. They moved to the area designated for journalists. But the view from that corner was obscured.

    Graham walked to the middle of a crosswalk to get a better angle. He was arrested for trespassing and handcuffed.

    Graham was charged under Virginia Code § 18.2-119, a section called “Trespass after having been forbidden to do so.” It is a Class 1 misdemeanor punishable by up to 12 months in jail and a $2,500 fine.

    Graham told me that he was supposed to have a hearing on Nov. 18; he and his lawyer, Patrick Anderson, expected the charges to be dropped. But the Richmond commonwealth’s attorney’s office for some reason is playing hardball, so Anderson got a continuance.

    Anderson, who has been retained by the American Civil Liberties Union to represent Graham, said he couldn’t comment except to confirm that the matter is set for trial on Jan. 24. The Richmond commonwealth’s attorney’s office wasn’t talking either; they didn’t return my call by press time.
    There's no Probable Cause here. There's no case. Yet, the Richmond commonwealth’s attorney is being a hard-A?

    Unless this is resolved in Ian's favor, no one is safe in Richmond.

  2. #2
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    "Sir, as a police officer, I hereby declare that you can no longer take a stroll around the park on the inside lane of the walkway. since you are there now, you are now under arrest. Papers, please, sieg heil."

    sounds about like the direction we are headed...

  3. #3
    Regular Member SouthernBoy's Avatar
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    What the hell is going on in Richmond? This is Virginia and this sort of thing is not supposed to happen.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

  4. #4
    Regular Member Fallschirmjäger's Avatar
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    The State could care less if it proves the case -
    The "offender" will be spending time and money to defend himself -
    The officer is going to have a stead dinner that night whether the case is dropped or prosecuted -
    ... mission accomplished.

  5. #5
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    Quote Originally Posted by Repeater View Post
    There's no Probable Cause here. There's no case. Yet, the Richmond commonwealth’s attorney is being a hard-A?

    Unless this is resolved in Ian's favor, no one is safe in Richmond.
    Ah, but they have special authority to rid the city of Occupants.

    Wait... what? They don't? Oh, well. So long as the public value clearing out the protesters more than they value civil rights, they'll get away with it anyway. And they'll get away with cracking down on anyone who tries to document what they do.

    It's Contempt of Cop on an official, department-wide scale. Journalists who assert their rights might beat the charges, but they're going to be punished anyway.

  6. #6
    Regular Member TechnoWeenie's Avatar
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    Quote Originally Posted by Fallschirmjäger View Post
    The State could care less if it proves the case -
    The "offender" will be spending time and money to defend himself -
    The officer is going to have a stead dinner that night whether the case is dropped or prosecuted -
    ... mission accomplished.
    Reason why more people need to resist unlawful arrests with overwhelming force.

  7. #7
    Campaign Veteran Verd's Avatar
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    Quote Originally Posted by SouthernBoy View Post
    What the hell is going on in Richmond? This is Virginia and this sort of thing is not supposed to happen.
    Exactly. Virginia was the one state that I felt I could move to in order to keep my rights.
    One loves to possess arms, though they hope never to have occasion for them. Thomas Jefferson to George Washington, 1796.
    If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
    Find businesses that are pro gun and those that aren't. Support Friend or Foe by using it!

  8. #8
    Herr Heckler Koch
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    Rights are not defended by trickling down the path of least resistance.

    Quote Originally Posted by Vaclav Havel
    You do not become a "dissident" just because you decide one day to take up this most unusual career. You are thrown into it by your personal sense of responsibility, combined with a complex set of external circumstances. You are cast out of the existing structures and placed in a position of conflict with them. It begins as an attempt to do your work well, and ends with being branded an enemy of society. (The Power of the Powerless)

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