General Question

[wfoste1]

If officers are dispatched to a near by public building and instructed by their Police Captain to remove all the "blacks from the building." The officers then proceed to this public building, conduct a 'stop' and begin to physically remove only the black residents from the public building for no other reason then their skin complexion. We will agree that this is an example of Racial Profiling and Unconstitutional. However, if an individual refuses to leave and police proceed to arrest this individual and the individual resist the arrest and contest his Constitutional Right's are being violated, it's an unlawful arrest, and becomes physical with the officer. The physical altercation between citizen and officer leads to injuries to citizens. Because the citizen has a legal right to resist an 'unlawful arrest' and the entire incident and subsequent injuries stem from the instructed 'racial profiling' of the Police Captain would the assault and injuries qualify as a Hate Crime?

 

[quincy]

If officers are dispatched to a near by public building and instructed by their Police Captain to remove all the "blacks from the building." The officers then proceed to this public building, conduct a "stop" and begin to physically remove only the black residents from the public building for no other reason then their skin complexion. We will agree that this is an example of Racial Profiling and Unconstitutional. However, if an individual refuses to leave and police proceed to arrest this individual and the individual resist the arrest and contest his Constitutional Right's are being violated, it's an unlawful arrest, and becomes physical with the officer. The physical altercation between citizen and officer leads to injuries to citizens. Does this fall under the Fruit of a Poisonous Tree Doctrine? Also, because the citizen has a legal right to resist an unlawful arrest and the entire incident and subsequent injuries stem from the bigotry of the Police Captain would the assault and injuries qualify as a Hate Crime?

What is the name of your state or, if not in the US, what is the name of your country?

For what purpose are you asking these questions?

You are misunderstanding the terms you are using.

 

[wfoste1]

Maryland Thank You

 

[wfoste1]

Fruit of Tree analogy is incorrect, I agree.

 

[Silverplum]

If officers are dispatched to a near by public building and instructed by their Police Captain to remove all the "blacks from the building." The officers then proceed to this public building, conduct a 'stop' and begin to physically remove only the black residents from the public building for no other reason then their skin complexion. We will agree that this is an example of Racial Profiling and Unconstitutional. However, if an individual refuses to leave and police proceed to arrest this individual and the individual resist the arrest and contest his Constitutional Right's are being violated, it's an unlawful arrest, and becomes physical with the officer. The physical altercation between citizen and officer leads to injuries to citizens. Because the citizen has a legal right to resist an 'unlawful arrest' and the entire incident and subsequent injuries stem from the instructed 'racial profiling' of the Police Captain would the assault and injuries qualify as a Hate Crime?

So other people were assaulted and injured when you resisted arrest, and want to place responsibility on the arresting officer?

Or you've made up an incredible tale?

 

[wfoste1]

No, I had this discussion with some friends (cops) of mine who seem to believe there is only civil liabilities associated with such behavior. My intention is not to burden you, however, it is educate and/or correct the misconception and protect them as well as the public.

 

[FlyingRon]

Fruit of the poisonous tree doesn't work that way. It generally refers to issues subsequent to an illegal search.

What you have here is an argument that the arrest was unlawful. The problem with that is many people have misunderstandings as to what an unlawful arrest is. It's very hard for someone emotionally involved in the case to analyze such. You need a lawyer.

Note there's a lot of disinformation out there about when resisting arrest is not unlawful, frequently referencing Plummer v. Indiana or Black Elk v. US. These cases go beyond saying that just because the arrest is unlawful, that any resistance of the arrestee is thus warranted by the Constitution.

This is not a cut and dry case. Often resisting is a junk charge thrown in by the cops when they don't have anything else and often doesn't stand up in the preliminary hearings where the actual probable cause is reviewed. However, you'll still want an attorney to make that argument.

 

[HighwayMan]

Your whole question and the situation you describe is a bit ridiculous.

Police dispatched for what reason? Are they looking for a perpetrator or a crime and the only description is their race? "Public building" - what does that mean? Is it public housing, a government owned building, etc?

I think this whole hypothetical situation is lacking in detail and pretty much a time waster to be discussing.

If this was a real situation then you need to fill in a lot more details.