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    #1

    resisting arrest ??!!

    Ok... to kinda get to point..

    Cops get called to my house because the neighbor heard yelling. They pull into the driveway and then just pull back out. I just walked out the door because i seen the taillights pull off. I didn't know it was the cops at first ... I just thought it was someone fucking with me. So i go out to the road to see who it was and then suddenly another cop pulls in the driveway when i start to walk back to the house. I get to the front steps when he calls me. I asked him what the hell is he doing at my house. He asks me if there was a problem and i said no .... and while doing this he keeps on coming closer to me and keeps asking me what is going on. Well he then tries to grab me and i keep on backing up. Well his partner then come behind and tries to grab me and I slip away. Then the other one tackles me and starts to choke me while the other one then starts to kick me and hit me. They finally cuff me and start telling me that all they wanted to do is talk to me. then they say I am under arrest. I was like WTF... for what am I under arrest for ... and the cops just said that they will let me know after. WTF ??

    Ok... if they just wanted to talk to me why did they try and grab me???

    So i finally find out once i was in jail that i was arrested for resisting arrest. So for what reason was I being arrested for ??? How in the hell do I resist arrest if they never told me that i was under arrest or being charged for something.

    So now i have to go to court over this BS and I yet to understand why they called it resisting arrest. Anybody care to comment or tell me what to do or just anything. Oh and yes i was drinking... it was this last weekend. but damn i was at my own damn house too !! And i got pictures of the bruises the cops left on me when they beat me once cuffed on the ground.


    Originally posted by Devergote
    A CB7 with an H22, a clean paintjob, HIDs with a projector retrofit, some nice wheels, and a mild drop on H&R Sport springs and Koni Yellow shocks... that's the perfect car. I'd be happy with that for the rest of my life.
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    #2
    That's pretty fucked up. How could you resist arrest when they didn't inform you that your were under arrest? Plus, why were they trying to come at you when they just wanted to "talk"?

    I hope they come when you have like 30 guys over at her house in June.

    1999 BMW M3
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      #3
      I would fight it. Unless your leaving something out of your story. I would say that the cops did you wrong. Sue the damn dept.

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        #4
        Arrested for resisting arrest? That is like an oxymoron. That is fucked up Jacob. Did they ever talk to you about what they wanted to talk to you about?
        Gary A.K.A. Carter
        [sig killed by photobucket]

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          #5
          WTF?

          Did they read you your rights?

          They never said what you were being arrested for? I mean, if they had no right to arrest you, then you had a RIGHT to resist wrongful arrest. What are you supposed to do, lie down and be cuffed for no reason?

          If you're not leaving anything out of this story, then that is seriously messed up. I wouldn't just fight it... I would sue.






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            #6
            Originally posted by deevergote
            WTF?

            Did they read you your rights?

            They never said what you were being arrested for? I mean, if they had no right to arrest you, then you had a RIGHT to resist wrongful arrest. What are you supposed to do, lie down and be cuffed for no reason?

            If you're not leaving anything out of this story, then that is seriously messed up. I wouldn't just fight it... I would sue.
            yes you have a very good case against your city or county depending on who the cops were that arrested you for wrongful imprisonment and possibly for assault by the officers.
            F22b + MP1A = mad fun for me now. . .

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              #7
              get them back where it hurts, in their wallets! sue them!



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                #8
                haha I <3 you jacob.....tell jessie to call me.....like I told her, I will go to court if need be to uh, help you out....you and jessie know what I mean.


                call me ***



                Nicole
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                  #9
                  Simple, you backing away was making them nervous. They have no way of knowing why you were backing away from them. They do not want you to get back inside the house where you could have a knife or gun right inside the door. Afterall they were they after recieving a report of someone screaming.

                  I don't know about resisting arrest. I can see obstruction of justice, but not resisting arrest. I know in some states it is perfectly legal to resist an UNlawful arrest but this wasnt even an arrest.

                  You backing away was taken as an aggressive move, they do not know what is on the other side of that door that you were approaching. The easiest thing to do that would have kept you on your feet and out of cuffs would have been to stand still and do as they ask, how hard would that be?

                  One report of someone screaming coming from your residence/property is all the reason that the police need to come onto your property and investigate the report.

                  Chances are since you admit that you had been drinking, the police could tell that by looking at you or smelling it on your breath.

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                    #10
                    cops in ur town are assholes...i've found this out first hand. That is bullshit for them doing that. I've noticed cops all around the country are going ape shit over nothing and little stuff.
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                      #11
                      Originally posted by MadSpleen85
                      Simple, you backing away was making them nervous. They have no way of knowing why you were backing away from them. They do not want you to get back inside the house where you could have a knife or gun right inside the door. Afterall they were they after recieving a report of someone screaming.

                      I don't know about resisting arrest. I can see obstruction of justice, but not resisting arrest. I know in some states it is perfectly legal to resist an UNlawful arrest but this wasnt even an arrest.

                      You backing away was taken as an aggressive move, they do not know what is on the other side of that door that you were approaching. The easiest thing to do that would have kept you on your feet and out of cuffs would have been to stand still and do as they ask, how hard would that be?

                      One report of someone screaming coming from your residence/property is all the reason that the police need to come onto your property and investigate the report.

                      Chances are since you admit that you had been drinking, the police could tell that by looking at you or smelling it on your breath.
                      ok... i see your point. but on the other hand couldn't they have just said to me to step aside with one of them to talk. I mean i would have gone aside with one of them if they asked me to. they just grabbed me and in reaction i tried to break loose because i didn't know what the hell was going on. There probably were a lot of things both parties could have done different to avoid confrontation but the thing that just bugs me is that they NEVER said " you are under arrest for.... " or anything in that matter. i will post pics of where they hit me later as soon as I find batteries for the camera.


                      Originally posted by Devergote
                      A CB7 with an H22, a clean paintjob, HIDs with a projector retrofit, some nice wheels, and a mild drop on H&R Sport springs and Koni Yellow shocks... that's the perfect car. I'd be happy with that for the rest of my life.

                      Comment

                        #12
                        I had a similar experience last week, although I flinched because of how tight the cuffs were placed around my wrists..he called it resisting.

                        Besides that..I was also arrested for a supposed warrant without being read my rights.

                        Right now I'm looking into what I can do legally. Small town cops are the worst when it comes to shit like that though.
                        Henry R
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                          #13
                          when i got arrested, i wasnt read my rights or told i was formally under arrest. I was just cuffed and thrown in the car for an hour and a half while the two dickheads laughed at me and filed the 'notice to appear'. I figured I had a case on the basis of being arrested without Miranda Rights, etc, but the court shot me down because the cops claimed that they were 'detaining me' while they filed the written arrest. Sounds like you may have a case based on the fact that you actually ended up in jail. Also, are you of legal drinking age?



                          My only advice is not to submit a plea of guilty/no contest for anything before you talk to an attorney. Pleading forfeits your right to appeal, so in the chance that you want to appeal the court's decision (if it goes that far), you wont be able to appeal. Best of luck, and sorry to hear about your shitty luck with the cops, sometimes they get the best of us for the stupidest things....
                          1993 CB7
                          2001 BB6

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                            #14
                            Originally posted by bresk8r87
                            when i got arrested, i wasnt read my rights or told i was formally under arrest. I was just cuffed and thrown in the car for an hour and a half while the two dickheads laughed at me and filed the 'notice to appear'. I figured I had a case on the basis of being arrested without Miranda Rights, etc, but the court shot me down because the cops claimed that they were 'detaining me' while they filed the written arrest. Sounds like you may have a case based on the fact that you actually ended up in jail. Also, are you of legal drinking age?



                            My only advice is not to submit a plea of guilty/no contest for anything before you talk to an attorney. Pleading forfeits your right to appeal, so in the chance that you want to appeal the court's decision (if it goes that far), you wont be able to appeal. Best of luck, and sorry to hear about your shitty luck with the cops, sometimes they get the best of us for the stupidest things....

                            he is 30, so yes he is of drinking age.....and he will have a case, becuase the Tullahoma cops ALWAYS harrass Jacob. Shit I was driving Jacobs car when I was down there, and the fuckers followed me to wal mart, I was like WTF. They rode my ass the whole way (its like 3 miles or so)



                            Nicole
                            MY RIDE


                            Yes, I am a chick!!!!!

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                              #15
                              Thats crap. Here in Mexico the cops pull you over for nothing and try to threaten you into paying them an exorbitant amount of money or they will take your car. The other day i was in a bus too, and the highway patrol (federales) pulled over the bus because he picked someone up in front of the gas station (govt owned in mexico) and gave the guy a ticket for reckless driving, excess speed and a bunch of other bs.
                              They only worry about getting the bling out of somebody... a holes
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