Forum Post: DO NOT give Police Probable Cause for An Arrest
Posted 13 years ago on Oct. 14, 2011, 12:12 a.m. EST by ReformWallStreet
(35)
This content is user submitted and not an official statement
The charge will be disorderly conduct for one
- trying to fight them
- public inconvenience -- e.g. blocking walk-ways
DO NOT BLOCK WALK-WAYS tomorrow, without probable cause (they can try to prove your intent later) cannot legally arrest you. If you do you'll have a civil suit for violating your civil rights.
Disorderly conduct includes is a violation (not a crime, 15 days jail max) and includes any of the following:
He engages in fighting or in violent, tumultuous or threatening behavior; or
He makes unreasonable noise; or
In a public place, he uses abusive or obscene language, or makes an obscene gesture; or
Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
He obstructs vehicular or pedestrian traffic; or
He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
Assaulting a Police Officer who is trying to do his job may be considered Assault in the 2nd Degree (a D violent felony- 2-7 years in Prison) or Assault on a Police Officer (a C violent felony- 3/12 - 15 years in Prison).
Attempting to or interfereing with Officers arresting someone (yourself or a third party) EVEN IF THE ARREST MAY NOT BE LEGAL is Resisting Arrest (a class A Misdemeanor- 1 year max jail).
Attempting to stop an Officer or other Government official from doing their job is Obstruction of Governmental Administration (OGA) in the Second Degree (Class A Misdo- 1 year max). If you screw with their telecommunications, it becomes OGA 1 (E Felony 1 1/3 to 4). If you commit OGA by using pepper spray, it's a D Felony 2 1/3 - 7.
My advice: Be NON-VIOLENT. Police Officers are part of the 99%. You may disagree with what they are doing, but they are simply doing their job. Assaulting them will NOT bring them to our way of thinking, and will discredit the OWS movement.
Have ID on you. If you do not have ID, you will be held until your identity can be verified, or until you are brought before a Judge who will set bail. Bringing you before a Judge can take a day or more, especially if it is a weekend and there is a mass arrest.
If you are being arrested, DO NOT RESIST THE ARREST. Once the cuffs come out, your job of civil disobedience is done. Your "job" is now to be visible and for the world the see how the 1% have the 99% locked up when they are inconvenient.
LEAVE THE ILLEGAL STUFF AT HOME! If you are arrested, you WILL BE SEARCHED. If you have any weed, knives, etc on you, THEY WILL FIND IT!
DO NOT ATTEMPT TO ESCAPE CUSTODY. It's been a while since I've reviewed the NYPD protocols on this, but the law allows the use of deadly force to stop an escapee. Ducking out on a ticket is NOT worth risking getting shot.
ASK FOR A LAWYER and ASSERT YOUR RIGHT TO REMAIN SILENT. Due to a recent Supreme Court decision, you must now state that your wish to remain silent. Once you assert your right to remain silent, REMAIN SILENT*! Nothing you tell the Police will help you.
*The one exception to remaining silent: You MUST identify yourself when asked, and provide fingerprints if you are arrested for a crime. If you refuse, you will be held for a Judge. If you provide false information, you may be charged with identity theft or forgery.
SHOW UP TO COURT! If you are released on bail or a Desk Appearance Ticket (DAT), YOU MUST APPEAR IN COURT ON THE RETURN DATE (on the DAT, or the Ticket, or when told by the Judge). If you DO NOT appear, you will lose your bail, lose your ROR status if you are released without bail, may be jailed, or face NEW CHARGED of bail jumping. None of these are worth the hassle, especially if all you have is a DisCon ticket.
Best of luck to everyone!
/Criminal Defense Attorney
ALSO they are NOT “TRESPASSING”
People v Leonard (62 NY2d 404 [1984])
The Court said, "When the property is `open to the public' at the time of the alleged trespass,. . . the accused is presumed to have a license and privilege to be present." (Id. at 408.) In such case, the People have the burden of proving that (1) a lawful order excluding the defendant from the premises issued, (2) that the order was communicated to the defendant by a person with authority to make the order, and (3) that the defendant defied that order (id.)
the state trespass laws "may not be enforced solely to exclude persons from exercising First Amendment or other protected conduct in a manner consistent with the use of the property" (id. at 410).
NOTEa peaceful demonstration that interferes with ingress and egress to and from a quasi-public place, may be unprotected and constitute trespass (People v Bush, 82 Misc 2d 50 [App Term, 2d Dept 1975])
I’m most afraid of Penal Law § 240.20 (6) which states, "[a] person is guilty of disorderly conduct when, with INTENT to cause PUBLIC INCONVENIENCE, annoyance or alarm, or recklessly creating a risk thereof:. . . [h]econgregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse."
THE POLICE NEED PROBABLE CAUSE OF INTENT to block the walk-ways (public inconvenience) ERGO DO NOT TALK TO THEM!!!!!!!!!
One more addition, DO NOT TALK ABOUT YOUR CASE TO ANYONE EXCEPT YOUR ATTORNEY. That includes the pre-meeting for Defendants before the Legal Group meeting, anyone in your transport to/from jail, anyone in your cell, etc. THE COPS WILL PROBABLY HAVE SNITCHES!
Dont Loiter walk around like you are going someplace.