Dashcam footage shows arrest of woman accused of assaulting
Alta_redneck @ Tue Jan 13, 2015 8:20 am
DrCaleb DrCaleb:
How, exactly, is that 'obstruction'? I find no mention of that in Canadian law.
And, I'm not 'thinking'. I watched the video. I do not see her assaulting the officer.
And, I'm not 'thinking'. I watched the video. I do not see her assaulting the officer.
Ok it's like this, cop walks into a situation and is confronted by an armed individual, usually the first thing the cop says is put down the gun. It's no different during a traffic stop, a car idling is a potential weapon. So shut off the car and take that out of the picture, it's not something they need a warrant for. If your going to give a bit of attitude as if you think they do, then things aren't going to go well.
Human reaction is not always the best reaction.
DrCaleb DrCaleb:
Like I said, "Canadian Law". Not the guys down south. They have a lot more to deal with than a Sheriff on a rural Alberta Highway.
Really? that's your reply. Is this your Dentist?
DrCaleb @ Tue Jan 13, 2015 8:45 am
Alta_redneck Alta_redneck:
DrCaleb DrCaleb:
How, exactly, is that 'obstruction'? I find no mention of that in Canadian law.
And, I'm not 'thinking'. I watched the video. I do not see her assaulting the officer.
And, I'm not 'thinking'. I watched the video. I do not see her assaulting the officer.
Ok it's like this, cop walks into a situation and is confronted by an armed individual, usually the first thing the cop says is put down the gun. It's no different during a traffic stop, a car idling is a potential weapon. So shut off the car and take that out of the picture, it's not something they need a warrant for. If your going to give a bit of attitude as if you think they do, then things aren't going to go well.
Human reaction is not always the best reaction.
We are talking a speeding infraction, and an Alberta Peace Officer; not US Immigration stopping Coyotes on the Mexican border. Sheriffs don't walk with guns drawn when they pull someone over for a broken tail light. Sheriffs also won't find more evidence of that broken tail light on your cellphone or in your glove box.
I'm not saying don't obey lawful requests, I'm saying you need to know the difference between lawful and unlawful. Idling a car is not obstruction of a speeding offense. And you'll notice too from the video, she did shut off the car and take her foot off the brakes.
Alta_redneck Alta_redneck:
DrCaleb DrCaleb:
Like I said, "Canadian Law". Not the guys down south. They have a lot more to deal with than a Sheriff on a rural Alberta Highway.
Really? that's your reply. Is this your Dentist?
Really? So, you are 'tapping out' again? You really should learn your rights before someone takes them away from you.
Zipperfish @ Tue Jan 13, 2015 9:15 am
DrCaleb DrCaleb:
[
Just because a Police Officer commands you to do something, does not mean you have to do it. .
Just because a Police Officer commands you to do something, does not mean you have to do it. .
It's getting that way. That's what is so funny about all these "free speech" bleatings followin the CHarlie Hebdo massacre. A few more scare stories on the six o'clock news and the scared people of Canada will willingly hand over every single freedom they have if only the government will make us more safe. Fucking gutless.
ShepherdsDog @ Tue Jan 13, 2015 9:24 am
$1:
Just because a Police Officer commands you to do something, does not mean you have to do it.
Caleb are being deliberately obtuse? She was pulled over for speeding, and she admitted she refused to hand over her license and registration, which are grounds for arrest under the Traffic Act. For ten minutes she struggled and fought trying to get away from the sheriff. The crazy bitch was trying to bite him for Christ's sake, and accuses him of sexual assault. Next time you get pulled over, try this shit and see what happens.
$1:
You really should learn your rights before someone takes them away from you.
You should learn your responsibilities under the law before you end up getting charged. Resisting arrest is interchangeable with assaulting a police officer engaged in carrying out his duties:
$1:
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
DrCaleb @ Tue Jan 13, 2015 9:51 am
ShepherdsDog ShepherdsDog:
$1:
Just because a Police Officer commands you to do something, does not mean you have to do it.
Caleb are being deliberately obtuse? She was pulled over for speeding, and she admitted she refused to hand over her license and registration, which are grounds for arrest under the Traffic Act. For ten minutes she struggled and fought trying to get away from the sheriff. The crazy bitch was trying to bite him for Christ's sake, and accuses him of sexual assault. Next time you get pulled over, try this shit and see what happens.
Not deliberately. I'm trying to stay on topic. There seems to be a bit of emotion in this, as well as some misinformation.
She was pulled over for speeding, but is charged with assault of a police officer. The video does not show that assault. She didn't refuse to hand over her license and registration, she said she would hand them over on condition the officer stopped pounding on her car. Whether he was or not is debatable, but it's also not reason to pull her from the car. In Alberta, if a Sheriff wants to arrest someone, they must call the RCMP to perform that. Sheriffs are Peace Officers, not Police Officers.
She claims she was frightened, and that makes sense why she is struggling with the police officer, as she, by all logic, is expecting a police mandated beat down. Something I feel is unjust punishment for speeding! Pictures show that's exactly what she got as well.
And the video does not show 'the crazy bitch' trying to bite the officer, nor have I seen claims of sexual assault. It shows the officer kneeing her in the leg, and her screaming at the impact. Which is why the technique is used. And the more he uses it, the more frightened she gets and the more she struggles and the more force he uses and the more frightened she becomes. His de-escialtion techniques need some work.
ShepherdsDog ShepherdsDog:
$1:
You really should learn your rights before someone takes them away from you.
You should learn your responsibilities under the law before you end up getting charged.
Every time I get pulled over, my experience has been calm and profession because I know what is expected of me, and what is allowed by law for the officer to do. I have in the past, refused to open my trunk, because the legal test of 'a reasonable person' applied. I was pulled over for speeding, a reasonable person would not assume to find more evidence of speeding in my trunk. Therefore the officer has no right to search the trunk - and they know it so the fishing expedition stops. This is legal, just the same as you can ask why you were pulled over before handing them your license and registration.
I have in the past, told an officer that I would only take a breathalizer if he changed the mouthpiece in front of me. Something that is also perfectly legal. It's not refusal, it's conditional. The same as "I will show you my license, if you stop banging on my car".
DrCaleb @ Tue Jan 13, 2015 9:52 am
ShepherdsDog ShepherdsDog:
You should learn your responsibilities under the law before you end up getting charged. Resisting arrest is interchangeable with assaulting a police officer engaged in carrying out his duties:
$1:
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
You should also realize that these conditions don't apply to unlawful arrest.
andyt @ Tue Jan 13, 2015 9:56 am
Man, you like to live dangerously. If you get pulled over out of sight of anybody else, I'm not sure I would pull these shenanigans, things could go very badly, and I'm not sure I want to take a beating just to prove a point - with the cops almost always getting away with it anyway. even shooting you.
OTOH, I can't recall the last time I was pulled over. I would guess decades ago. (Course I don't drive that much, and I only speed if that's what traffic around me is doing.)
ShepherdsDog @ Tue Jan 13, 2015 10:02 am
DrCaleb DrCaleb:
ShepherdsDog ShepherdsDog:
You should learn your responsibilities under the law before you end up getting charged. Resisting arrest is interchangeable with assaulting a police officer engaged in carrying out his duties:
$1:
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
Marginal note:Punishment
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
You should also realize that these conditions don't apply to unlawful arrest.
Where was the unlawful arrest? She admitted that she refused to provide her license and registration after being asked to do so. Those are grounds for arrest. Excessive speeding is also grounds for arrest. We don't know how fast she was clocked at, but we do know she failed to present her documentation to the traffic cop.
$1:
she said she would hand them over on condition the officer stopped pounding on her car.
What video were you watching? He tapped on her window. Everything she said that happened is proven false by the video, from the violent pounding on her car to him reaching into the car and smashing her cell out of her hand, to her claims of him sexually assaulting her.
DrCaleb @ Tue Jan 13, 2015 10:10 am
andyt andyt:
Man, you like to live dangerously. If you get pulled over out of sight of anybody else, I'm not sure I would pull these shenanigans, things could go very badly, and I'm not sure I want to take a beating just to prove a point - with the cops almost always getting away with it anyway. even shooting you.
OTOH, I can't recall the last time I was pulled over. I would guess decades ago. (Course I don't drive that much, and I only speed if that's what traffic around me is doing.)
OTOH, I can't recall the last time I was pulled over. I would guess decades ago. (Course I don't drive that much, and I only speed if that's what traffic around me is doing.)
Police officers are by and large very reasonable people. They really are no different than you and I, and generally want the same things.
It's the ones that don't that are the problem. Knowing your rights is how you defeat them, and standing up for your rights - even at the prospect of a night stick to the head - is how you defend them.
Like Zip says, as soon as we start choosing the easy path, we start to lose those rights.
And the last time I got pulled over, for 5km over the limit, the Police Officer got cute and asked if I could produce my Registration, License and 'Race Car License'. So I gave him all 3 and he knew he was 'busted', shook his head, laughed and let me go.
Probably never expected anyone to actually produce a Racing License.I typically don't get pulled over, because I typically don't do anything wrong. I pride myself on my good driving, even when the people around me aren't.
Regina @ Tue Jan 13, 2015 10:14 am
5km over? That guy needed a kick in the nuts. A prairie wind gust could add or subtract that from your cruising speed.
andyt @ Tue Jan 13, 2015 10:18 am
DrCaleb DrCaleb:
andyt andyt:
Man, you like to live dangerously. If you get pulled over out of sight of anybody else, I'm not sure I would pull these shenanigans, things could go very badly, and I'm not sure I want to take a beating just to prove a point - with the cops almost always getting away with it anyway. even shooting you.
OTOH, I can't recall the last time I was pulled over. I would guess decades ago. (Course I don't drive that much, and I only speed if that's what traffic around me is doing.)
OTOH, I can't recall the last time I was pulled over. I would guess decades ago. (Course I don't drive that much, and I only speed if that's what traffic around me is doing.)
Police officers are by and large very reasonable people. They really are no different than you and I, and generally want the same things.
It's the ones that don't that are the problem. Knowing your rights is how you defeat them, and standing up for your rights - even at the prospect of a night stick to the head - is how you defend them.
Like Zip says, as soon as we start choosing the easy path, we start to lose those rights.
And the last time I got pulled over, for 5km over the limit, the Police Officer got cute and asked if I could produce my Registration, License and 'Race Car License'. So I gave him all 3 and he knew he was 'busted', shook his head, laughed and let me go.
Probably never expected anyone to actually produce a Racing License.I typically don't get pulled over, because I typically don't do anything wrong. I pride myself on my good driving, even when the people around me aren't.
Sounds like you have some very anal cops in Alta. Can't see the cops around here doing that. Of course back in the day, when I was driving a red 240z, I would get pulled over for 5 mph over the limit and all sorts of other bullshit. But jeez, your F150 shouldn't stand out like that.
Thanos @ Tue Jan 13, 2015 10:18 am
I'd point out that when she flipped out the officer probably then had a good enough reason to arrest her because the safe assumption on his part would then be that she was drunk or on drugs. Speaking of safety, if she had this 'panic attack' and was going tharn maybe he saved her life by detaining her and preventing her from running out into traffic the way she said she might. Personally I think this entire thing is one of the biggest crocks I've ever seen any driver, or anyone else for that matter, pathetically trying to get out of their responsibility for breaking the law. This silliness is about as far from a Rodney King scenario as one can get. Those bruises and scuffs will heal. If she was that batshit, ran into traffic, and got hit by another vehicle then those injuries wouldn't. And then apparently the officer would also be responsible for her then too.
Sorry, but the same situation applies here as it does in a million other ridiculous incidents that the police have to deal with every day. Cops rule, morons/cretins/criminals drool. 
ShepherdsDog @ Tue Jan 13, 2015 10:51 am
Wouldn't surprise me to see her get further penalized by the judge for making shit up. False accusations of sexual assault should carry just as stiff a penalty as committing sexual assault. The cumb dunt obviously didn't realize the sheriff had a camera on his bike when she spun her original web of lies.
DrCaleb @ Tue Jan 13, 2015 11:10 am
Regina Regina:
5km over? That guy needed a kick in the nuts. A prairie wind gust could add or subtract that from your cruising speed.
Yup! But they are getting lazy and putting in red light speed cameras instead. Fewer manpower costs, better profit margin.
andyt andyt:
Sounds like you have some very anal cops in Alta. Can't see the cops around here doing that. Of course back in the day, when I was driving a red 240z, I would get pulled over for 5 mph over the limit and all sorts of other bullshit. But jeez, your F150 shouldn't stand out like that.
Not my F-150. A friends bubblegum pink 300z right hand drive twin turbo monster.
DrCaleb @ Tue Jan 13, 2015 11:11 am
ShepherdsDog ShepherdsDog:
Wouldn't surprise me to see her get further penalized by the judge for making shit up. False accusations of sexual assault should carry just as stiff a penalty as committing sexual assault. The cumb dunt obviously didn't realize the sheriff had a camera on his bike when she spun her original web of lies.
If she was, I too hope she does.
But a beatdown still isn't acceptable punishment for speeding.