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Police Illegal Arrest Murders Camden Man; Illegal Arrest Justified?
Topic Started: Oct 27 2010, 12:11 PM (425 Views)
mynameis
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Internet Jujitsu
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Winslow officer to forfeit job after pleading guilty to assault in case where man died of traumatic asphyxia
Published: Friday, October 22, 2010, 4:52 PM Updated: Friday, October 22, 2010, 5:36 PM
John Barna/Gloucester County Times John Barna/Gloucester County Times


Richards had received no complaints about Briscoe’s behavior prior to confronting him, and Briscoe did nothing during their initial encounter that warranted Richards’ effort to take Briscoe into custody, said Jason Laughlin, a spokesman for the prosecutor. When Richards attempted to cuff Briscoe, he committed an illegal arrest and that action was the basis for the simple assault charge, Laughlin said.

The decision to pursue legal proceedings against Richards came after a review of statements from the participants and witnesses, security camera videotape of activities inside the store prior to the incident, photographs of the scene, the autopsy and toxicology reports and information supplied by the Briscoe family and others, Laughlin said.

Richards was not charged in connection with Briscoe’s death because in New Jersey there is no right to resist arrest, even if the arrest is illegal, Laughlin explained. Once Briscoe resisted being taken into custody, police had the right to take actions necessary to restrain him. There is no evidence to indicate the police used excessive or illegal force in taking Briscoe into custody, the spokesman said.


http://www.nj.com/camden/index.ssf/2010/10/winslow_officer_to_forfeit_job.html
http://www.injusticeeverywhere.com/


Quote:
 
Case of Pedro Oregon Navarro

So the police, who raided a home without a warrant or any semblance of probable cause, were arraigned on charges of murder, or at least manslaughter, for the needless death of an innocent 22-year-old man -- right?

Well, no.

“I don’t know of any authority at this point that gave them [the police] the right to be in that residence,” conceded John B. Holmes, Jr., the District Attorney for Harris County. “But that doesn’t make the shooting a crime.”

Holmes told the Houston Chronicle that, in effect, Pedro had committed a capital offense by arming himself when the police broke into his home illegally.

“They [the police] do not have to sit still for a citizen pointing a firearm at them, even if they entered illegally,” Holmes insisted. In comments to the Chronicle, Holmes asserted (in the newspaper’s paraphrase) that “because the law does not allow anyone to resist an arrest, even an illegal one, officers had a right to use deadly force against [Pedro] if he threatened them.” The “only exception,” he maintained, “is the right to defend yourself against unreasonable force, such as being beaten.”

http://freedominourtime.blogspot.com/2008/02/restoring-right-to-resist.html
Edited by mynameis, Oct 27 2010, 12:37 PM.
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Brad
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^o)

Unfortunately it’s not uncommon for police to do illegal raids, spot searches, traffic stops, and arrests over hear. What is uncommon is a complaint getting some ware or the event making it to the news. Last time i went into town i got attacked by 6 guys i was trying to avoid trouble but they backed me into a bricked up arch way and started swinging punches, anyway i hospitalised 5 1 with a broken cheek and eye socket (he has recently had reconstructive surgery) on with a Brocken jaw 2 that were out cold and had concussions when they came to and the other i understand was realest later that night after having some stitches round his eye socket the 6th guy was grabbed by bouncers and I was grabbed by police and arrested for self defence (reasonable force since there were more than 4 people attacking me) before I could land a 6th punch they got me to the station did a breath test and wanted to do a drugs test (i explained about my meds) but this is not my first run in with the police i was with my brother in his nova a few years back we got stopped 14 in 10 day and given 12 produce all document slips (he hadn’t even had the car 2 weeks) then after we showed the vehicle documents we got stopped for apparently doing 31mph rather than 30mph and the police the decided that the volume of the car was to louder and anti social so we made them get the decibel meter out (your car can’t be over 98db on idle over hear if it’s on the road) we came in at 95db on the idle following week i got stopped in the middle of town by another cop that was getting abuse off a bunch of drunks waiting to try to get in to a night club (i was on my way home had been out all day skateboarding) he tried to clamed it as a concealed weapon and wanted to confiscate it i refused to give it to him so decide to do a spot search on the suspicion that i was carrying drugs so i made a point of emptying my pockets to the bouncers just encase anything that wasn’t mine suddenly appeared. Most of the police where I live are scum and I don’t think that London met are any better only difference is they carry guns. That being said so do the police in Sandringham 9mm pistols, and the closer you get to Sandringham estate the more armed police and guards are about and there more heavily armed 9mm pistols and mp5s. But worse that all this is I cant host a gig without 30 odd chavs turning up causing a riot every time I host one and I get and ear bashing for refusing the same people entry to avoid trouble kicking off work that one out but yer you may have guess I really don’t like my local police force there a bunch of incompetent idiots and i wouldn’t trust them to change a light bulb.

Any way back on topic and off my rant that not the first time London met have dropped the ball or been heavy handed in a situation that didn’t really require the response they gave it and cost some one there life. 2005 just after the 7/7 bombing they where meant to be streaking out Jean Charles de Menezes and arresting him they saw him leave his house 2 plain clothes officers followed into the underground (it was reported at the time that they were closely followed by an armed response unit rushed down with guns drawn) bottom line they shot for putting his hands up as they instructed him to (they apparently interpreted it as a threatening move and though he had a bomb on him) why did they not just wound him outside his house and cuff him if that is truly what they believed he was a threat and had a bomb i mean there are less people in 1 street that a train station with trains that are packed worse than cattle carts.

http://en.wikipedia.org/wiki/Death_of_Jean_Charles_de_Menezes

that was a bit long winded but I really don’t rate the police highly at all and i do admire the American police system. I have never seen anyone use so much manners towards the police over hear yes sir, no sir i watch cops and other police related American show and those that stop are just so polite to them it amazes me (you don’t see that over here because of how the police act constantly they just seem intent on doing as they want, cutting corners or pissing people off instead of working together with the community to actually get any ware crime isues

my parting coment will be to bad tonny martin got bang up for defending him self and his property when he had been robbed repeatedly and the police did nothing until after he shot 2 poeple that where in the process of robbing him again :(
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