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News & Current Events (Articles Required)
Virginia teen was detained and prosecuted for saying 'OINK OINK' to cop
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<blockquote data-quote="Ana the Ist" data-source="post: 74020928" data-attributes="member: 302807"><p>We aren't talking about assault....we're talking about resisting arrest. </p><p></p><p></p><p></p><p>Well in the case of the OP....they have video. </p><p></p><p></p><p></p><p>Well a quick check shows that some states or jurisdictions are somewhat vague about resisting arrest....the general definition is rather clear and the subject in the video clearly resisted arrest.</p><p></p><p><a href="https://criminal.findlaw.com/criminal-charges/resisting-arrest.html" target="_blank">Resisting Arrest - FindLaw</a></p><p></p><p>"<em>To be found guilty, the burden is on the prosecution to prove guilt beyond a reasonable doubt all the <a href="https://criminal.findlaw.com/criminal-law-basics/understanding-criminal-law-how-to-break-down-a-criminal.html" target="_blank">elements of the crime</a>. This can include</em>:</p><p></p><ul> <li data-xf-list-type="ul"><em>Prove that the defendant was aware or should have reasonably known that the</em> <em>person they were resisting was a law enforcement officer;</em></li> <li data-xf-list-type="ul"><em>Establish that the officer was performing their duties in a lawful manner; and</em></li> <li data-xf-list-type="ul"><em>Show the defendant intentionally resisted arrest</em>.</li> </ul><p></p><p>And ....</p><p></p><p>"<em>Actions commonly seen as committing this crime include:</em></p><p></p><ul> <li data-xf-list-type="ul"><em><strong>Physically struggling against or attacking an officer while attempting to arrest you;</strong></em></li> <li data-xf-list-type="ul"><em>Giving an officer a fake name or other false personal information; or</em></li> <li data-xf-list-type="ul"><em>Requiring an officer to carry or drag you to make the arrest</em>.</li> </ul><p>So when the subject jerks his arm away and makes like he's going to leave....which the officer responds to by grabbing him....is a pretty clear cut example of resisting arrest.</p></blockquote><p></p>
[QUOTE="Ana the Ist, post: 74020928, member: 302807"] We aren't talking about assault....we're talking about resisting arrest. Well in the case of the OP....they have video. Well a quick check shows that some states or jurisdictions are somewhat vague about resisting arrest....the general definition is rather clear and the subject in the video clearly resisted arrest. [URL="https://criminal.findlaw.com/criminal-charges/resisting-arrest.html"]Resisting Arrest - FindLaw[/URL] "[I]To be found guilty, the burden is on the prosecution to prove guilt beyond a reasonable doubt all the [URL='https://criminal.findlaw.com/criminal-law-basics/understanding-criminal-law-how-to-break-down-a-criminal.html']elements of the crime[/URL]. This can include[/I]: [LIST] [*][I]Prove that the defendant was aware or should have reasonably known that the[/I] [I]person they were resisting was a law enforcement officer;[/I] [*][I]Establish that the officer was performing their duties in a lawful manner; and[/I] [*][I]Show the defendant intentionally resisted arrest[/I]. [/LIST] And .... "[I]Actions commonly seen as committing this crime include:[/I] [LIST] [*][I][B]Physically struggling against or attacking an officer while attempting to arrest you;[/B][/I] [*][I]Giving an officer a fake name or other false personal information; or[/I] [*][I]Requiring an officer to carry or drag you to make the arrest[/I]. [/LIST] So when the subject jerks his arm away and makes like he's going to leave....which the officer responds to by grabbing him....is a pretty clear cut example of resisting arrest. [/QUOTE]
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Virginia teen was detained and prosecuted for saying 'OINK OINK' to cop
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