Riot/Failure to Dispurse & Resisting Arrest

[seniorjudge]

The Police report was two pages! I figured I should be as detailed as possible. Sorry I don't go on message boards alot but isn't posting stuff like this the whole point of this board?

Correct your spelling.

Cut this in half.

Use paragraphs.

Delete editorial comments.



Then...maybe someone will pay attention to you!

 

[lukehester]

thank you I will def. take that advice you're right about all that.

 

[Silverplum]

And I want to hear about the RIOT part, and how you were involved. But very briefly.

And yes, you may post your questions here, but there's a few caveats:
1. Be brief. And yet concise. And yet keep it short. And yet make it catchy.
2. Ask a legal q.

 

[lukehester]

Riot

Riot is part of the Failure to Dispurse charge.
There wasn't a riot just a really big party and everyone moving away from the cops. They were arresting everyone for anything they could get them on. Over 75 arrests.

Legal ?: what can I do about an untrue police report?

 

[seniorjudge]

...
what can I do about an untrue police report?
....

Hire a lawyer.

Plead not guilty.

Impeach the report at trial.

 

[Shay-Pari'e]

(Quote) At this point one of my hands was handcuffed and behind my back. The other hand was under me guarding my genitals because the continued kicks were landing very close to that area of my body.(QUOTE)

Umm, you have 3 arms?

 

[lukehester]

ummmm.....yes ONE of my hands was cuffed...the other was where I said it was.

 

[Bretagne]

I think the point is...you had a cuff on one hand and the other hand was free? What's the point of that?

The cop would have cuffed both your hands together, unless he cuffed you to a post or something to keep you in place while he was dealing with the rest of the rioters.

Police reports are filled with untruths, or at least stretches of the imagination. Doesn't matter. The police report's accuracy is of no concern to you or your case.

 

[>Charlotte<]

It's hard to believe you actually left something out. You went straight from "we got to the party" to "then the cops came to break it up." That's probably a pretty important part of the story, but don't bother. I think I've got the picture.

When police are trying to disperse a large, rowdy crowd, it's an extremely volatile situation. Especially if alcohol is involved. They are not going to play around, and you do not want to try to play with them.

I remarked “You guys have paintball guns?” the officer did not respond and I simply asked “Can you guys actually use those?” At that point the officer became agitated and told us to keep moving. I was walking away and I said to my friend Kenny, “Thats bull**** man.”

Oh, dear. Luke. Luke, Luke, Luke. You made them notice you, man. And then got smart-assed about it. Bad, bad, idea. You identified yourself as a potential match in the middle of a powder keg. And then when one of them asked to see your I.D. you got belligerent?? Dang, Luke! Why didn't you just handcuff yourself and walk up to them and say "Please arrest me"? You probably would have at least avoided the pepper spray and the ass-kicking. Anyway, you progressed from "match" to "lit match". And believe me, when that happens, they're going to put you out.

Yes, pepper spray is an extremely unpleasant experience. That's why cops use it instead of Chanel No. 5 to get people under control. I'm not going to comment on the physical force because I don't know what physical cues you were giving them, but to cut to the chase: you didn't need a medic, you didn't need to go to the hospital, and you could--and did--see a medic at the station. Two, apparently. And they determined that your nose was broken, which it wasn't.

"Could have killed you" is pointless. "What ifs" don't really matter after the fact. Such as "what if you had just shut up and kept moving and didn't give the cops any grief".

If you respond I understand it's not exactly going to be "Gee, I guess you're right--thanks!" and that's okay, just understand that you are not going to win this. You can get your fur up and be all self-righteous and outraged and hire a lawyer and sue everyone from the cop to the medic, but you're not going to win this.

You learned a valuable lesson relatively early in life: shut up and keep moving.

 

[jgbkab]

Yes it is unlawful....

To deny you medical attention for the pepper spray. Once you are subdued, the police are required to provide you medical assistance immediately and not once you arrive at the station. However, that is a civil matter and not a criminal matter. Hire a lawyer.

 

[garrula lingua]

Why play "Qui es mas macho ?' with a cop ?

You have no civil case & no defense to at least one criminal charge (obstructing/delaying a peace officer &/or resisting arrest &/or failure to disperse).

You need an attorney.
I don't know if you stated your age - you sound very immature.

 

[Some Random Guy]

Yes it is unlawful ...To deny you medical attention for the pepper spray. Once you are subdued, the police are required to provide you medical assistance immediately and not once you arrive at the station.

What?

Pepper spray is an annoyance and not a life threatening medical condition. Yes, it is painful, makes you cry, cough and burn, but thats done for the purpose of subduing you. Proper treatment will make the symptoms go away much faster, but treatment is not required.

Leaving you untreated for the pepper spray leaves you in unnecessary pain, but doesn't cause lasting damage. The police should provide treatment for the pepper spray but that doesn't mean that they should immediately stop dealing with the riot and the other 75 arrestees.

 

[CdwJava]

To deny you medical attention for the pepper spray. Once you are subdued, the police are required to provide you medical assistance immediately and not once you arrive at the station. However, that is a civil matter and not a criminal matter. Hire a lawyer.

Please cite to me the law that requires this. I doubt any such legal obligation exists anywhere - certainly not in CA.

Most agency policies require some manner of treatment - usually a flushing of the eyes - as soon as is practical (not "immediately"), but this can be done at the station, in the field, or at a hospital if so desired. We usually call the medics to come out and flush the eyes, unless we have to get a medical clearance at the hospital ... but that takes longer and costs more.

- Carl