Newspapers in Florida often carry stories about people who have been charged with "resisting arrest without violence". On a few occasions this has been the only charge.
I have learned that The State of Florida has a statute known as 843.02 named "resisting officer without violence." It is more commonly known as "resisting arrest without violence." It is a first degree misdemeanor, and carries a maximum sentence of one year in the county jail.
Apparently the right to free speech and free assembly are not as inalienable as I thought. Exercise of those rights may be interpreted by a police officer as resisting arrest without violence.
Cops don't like citizens explaining law to them, or refusing to cooperate with them. When a cop asks a question of a citizen, he expects an answer, not a legal debate. When a cop tells you to do something, he expects you to do it. Failure to obey the policeman's orders can result in a bad arrest such as 'resisting arrest without violence.'
One gets the impression that the police don't like to leave a scene without punishing someone.
My research shows that Florida is the only state with such a statute on its books. Thank God for that!
This example is confirmation of my long-held belief that the South doesn't care very much for the Constitution of the United States.
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I think a good many people -- and not just those in the South -- like the Constitution to the extent that the Constitution mirrors their own views. I am surprised no one has challenged the Florida statute you cite. As the son and the uncle of policemen, I am increasingly dismayed by some of the high-handed attitudes some men in blue seem to have adopted.
ReplyDeleteI've discovered that some serious litigation opposing the statute occurred in 1995. Most were dropped due to lower court rulings. Today few prosecutors (state attorneys) seek judgement for this misdemeanor as being time-wasting & without value. Especially true if all other charges were dropped.
ReplyDeleteOfficers still make the charge routinely, however. This can incur legal charges and short detention so no one gets off free of cost.
As for the 'men in blue', I am disturbed by what I see as a militarization of the police force. I feel differently about the police than I once did. They seem like a domestic army. Hope I'm wrong.
Well, I think we all feel differently about the police. When I was a kid, Pete the Cop, who directed traffic at the corner where my grade school was located, was a friend to all the kids. We loved him. No more beat cops like him, though.
ReplyDeleteMedia hostility to the police (at least in my city) hasn't helped. And, of course, in some parts of this city, a small domestic army might not be a bad idea. As for that Fla. statute, police do routinely charge a suspect with everything they can, just in case. So the statute might not really be doing any harm to innocent citizens.
@FRANK Wilson...Pro law enforcement ideas in anyone's head these days is nothing short of complete ignorance and with a complete demeanor towards bias [for] the corrupted rotten Law Enforcement in this country and [against] the "innocent" citizens you mention! You need to read your own words and contemplate what you are even trying to say here without taking into considerations the liberties of Americans!!
ReplyDeleteThe Police in New York sodomized a man repeatedly only for that man to end up in a Hospital where an interrupter was brought in to take the official statement of sexual assault by at least 2 officers. Obvious this wasn't their first sick attack on a citizen.
I bet there is just a ton of people out there still, just like yourself who also still believe that Muslims took down the Twin Towers on 9/11!! Obviously not all of the documentation on this subject can all be a hoax.
Our government consists of Law Enforcement and we do all know that our government lies just about as much as they can get away with! When someone lies, it is this action of theirs that convicts their true intent and their self knowledge of themselves of their very own actions!!
The Christopher Doner case out of California is a good example of how the police would rather burn up an X-fellow Law Enforcement and Military Man in a cabin with gas than give him a fair trial for the Murder that we all believe was committed out of retaliation for the severe illegal abuses this man had been complaining about within his "11,000 word "manifesto" accusing the LAPD of actually getting worse with their illegal tactics and illegal manipulations of our laws than even when the Rodney King incident took place!
These are your words that i ask you and others to make sense out of ....
"Media hostility to the police (at least in my city) hasn't helped.
And, of course, in some parts of this city, a small domestic army might not be a bad idea.
As for that Fla. statute, police do routinely charge a suspect with everything they can, just in case.
So the statute might not really be doing any harm to innocent citizens."
That is what you said...
The News Media [is] suppose to report the truths of what happens within our country using "facts"!!!
This is part of an open democratic republic granted by a little know thing call "Our Constitution of the United States". [our means of self government] here in a [free] country that is suppose to offer [Rights] known as ["Liberties"]
If we don't use facts to govern ourselves, what would you suggest?
So you go on to say that the Fla. Police [DO] routinely charge a suspect "with everything they can.... just incase..." .......SO THE STATUTE "MIGHT" NOT REALLY BE DOING ANY HARM TO "INNOCENT CITIZENS".
Open mouth... insert foot..... and let your words of wisdom be heard with all "due respect"!
Maybe a better way of describing what is going on here with Law Enforcement and even with some Citizens in this country is to say.... [who needs to educate themselves before speaking] and i am not just talking about going to a 4 year college, putting on a suit and tie after college and then calling yourself one of the "professionals" when in fact you have allowed yourself to become "indoctrinated" without the facts and without the knowledge of an adult but the "innocence" of a child.