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Forum Post: Making Arrests Difficult

Posted 12 years ago on Oct. 24, 2011, 8:40 p.m. EST by LilStinker (7)
This content is user submitted and not an official statement

When people get booked law enforcement takes an inventory of the arrested persons possessions. If protestors filled their pockets and backpacks with small trinkets such as fake jewelry and small packets of material that looks like drugs it would certainly impact the ability of law enforcement to process mass arrests. Insisting on a jury trial and having a huge list of witnesses could overwhelm the courts. The idea is to deter police from making the arrests in the first place once they know the protestors are thus equiped

24 Comments

24 Comments


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[-] 2 points by Kulafarmer2 (118) 12 years ago

Pennies, fill up on pennies, a sign of the times,

[-] 1 points by MattLHolck (16833) from San Diego, CA 12 years ago

old pennies with the wheat wreath

collectables where the date and press company matters

[-] 1 points by owstag (508) 12 years ago

The fake drug thing is I'll-conceived; possessing stuff that is clearly intended to look like illegal drugs is a prosecutable offense even if it is shown to be fake.

[-] 1 points by miller (40) from Bronx, NY 12 years ago

This is a fabulous idea, make the police spend even more time on processing protesters so more real crime can be committed. Oh, and wait, most real crime is committed against the poor! Think people, your decisions can adversely affect the people you are trying to protect just as much as the actions of those you are protesting against. Keep your eye on the ball please.

[-] 1 points by RantCasey (782) from Saginaw, MI 12 years ago

Well maybe the police shouldn't bother arresting people for practicing free speech

[-] 1 points by miller (40) from Bronx, NY 12 years ago

That's absolutely a valid point, but independent of that if you make processing more inefficient the cops are spending less time doing other police work. Two wrongs do not make a right in this case.

[-] 1 points by LilStinker (7) 12 years ago

The idea is to deter police from arresting protestors.

[-] 1 points by MattLHolck (16833) from San Diego, CA 12 years ago

Miranda Rights were created in 1966 as a result of the United States Supreme Court case of Miranda v. Arizona. The Miranda warning is intended to protect the suspect’s Fifth Amendment right to refuse to answer self-incriminating questions.

It is important to note that Miranda rights do not go into effect until after an arrest is made. The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court.

If the suspect is placed under arrest and not read Miranda rights, spontaneous or voluntary statements may be used in evidence in court. For example, if the suspect starts using excuses justifying why he or she committed a crime these statements can be used at trial.

Silence can be used against the suspect if it occurs before he or she is read the Miranda rights. For example, an innocent person would proclaim his or her evidence or try to give an alibi rather than staying quiet. The prosecution will try to use the suspect’s silence against him or her in court.

If you are being investigated for a crime and wish to remain silent before being Mirandized, you can inform the officer that your attorney told you to never speak to law enforcement without talking to him or her first. This looks less suspicious than simply refusing to answer questions.

http://www.mirandarights.org/

[-] 1 points by Mooks (1985) 12 years ago

Or it is so busy they just take all your crap and dump it in the garbage.

[-] 1 points by LilStinker (7) 12 years ago

Think they would throw away something that looks like drugs?

[-] 1 points by thebeastchasingitstail (1912) 12 years ago

Some jurisdictions have laws against distributing substances that look like drugs.

Also, would you trust them not to charge you with possession or intent to distribute and let your lawyer sort it out? Cops don't test drugs in the station house, they send them to a lab.

In fact, as I'm typing this, I'm realizing it must be a set-up to perhaps get anyone stupid enough to do it in trouble.

[-] 1 points by LilStinker (7) 12 years ago

A person could make the packets themselves there is no need to distribute them. Those laws are made for people ripping off buyers. Perhaps you are law enforcement afraid of the idea?

[-] 1 points by thebeastchasingitstail (1912) 12 years ago

lol no I am about as far from being law enforcement as you can get

I am thinking about the safety of the arrestees who could wind up with additional charges

BTW - "intent to distribute" charges are not based on any action you took to distrubute the packets, it is based on the quantity of drugs you are caught with and how they are packaged, ie lots of little tiny zip locs looks like you intend to sell....

Now, if you want to put hundreds of pennies in your pocket go ahead on but the fake drugs is a bad idea unless you want to wind up fighting felony charges

[-] 1 points by LilStinker (7) 12 years ago

Intent would have to be proved during the jury trial. Perhaps you like to have some oregino on your fast food burrito? All they would have to do is count the pennies. Each trinket would require a description and suspicious substances would be have to be sent to the lab for analysis. Very costly.

[-] 1 points by thebeastchasingitstail (1912) 12 years ago

Yea, see, jury trial, that's what I'm saying.

You want to risk being charged with a felony drug charge and having to go to trial? Got money for a good defense lawyer?

Even if found not guilty, the arrest stays on your record.

You want to risk it, go ahead on with it, don't let me stop you.

[-] 1 points by LilStinker (7) 12 years ago

The idea is not to bait police into making arrests. It's for people that have already been arrested.... to create a considerable amount of overhead to deter the local government from making arrests. I think most people know passive resistance can be a risky business.

[-] 1 points by Mooks (1985) 12 years ago

Give some examples of what you would use that look like drugs but aren't drugs.

[-] 1 points by LilStinker (7) 12 years ago

A packet of baking powder, herbs, tar et

[-] 1 points by Mooks (1985) 12 years ago

So you don't think a NYPD officer can tell the difference between a bag of nugs and some oregano.

OWS should not piss off the cops. Just take it like a man, keep your mouth shut, and you will get back out quicker so you can go back to protesting.

[-] 1 points by LilStinker (7) 12 years ago

The idea is to deter police from making the arrests in the first place once they know the protestors are thus equiped.

[-] 0 points by e307465 (147) 12 years ago

How about OWS leadership works with law enforcement to show them the benefits police will receive if they support the movement? Oh wait, OWS is decentralized... there is no leadership and there is no agenda... I forgot. Sorry for the sarcasm but as many posts as there are on here about OWS getting a list of demands together, you would think someone would get a clue.