Woman Arrested In Roanoke, Virginia

[UNTFan23]

Read about it here. I'm sure our police officers on the board will have some interesting comments about this.

Based on Wikipedia, it looks like the police have better things to do than arrest someone doing something seemingly harmless.

I'd love to see the ADA explain this to a judge in the courtroom.

[Rudy]

I dont know about the assembly laws, each state has their own laws. However, about the impeeding traffic, there is a law in Texas which states it is illegal to block a passage or entrance. Thus if you are standing on the sidewalk and someone is forced to step off of the sidewalk to go around you, you can be charged.

[Guest JohnDenver]

I dont know about the assembly laws, each state has their own laws. However, about the impeeding traffic, there is a law in Texas which states it is illegal to block a passage or entrance. Thus if you are standing on the sidewalk and someone is forced to step off of the sidewalk to go around you, you can be charged.

Charged, but certainly would be thrown out... and would waste the system's time.

[Rudy]

Not necessarily. It would be a good arrest. You can not just assume it would be thrown out.

[Guest JohnDenver]

Not necessarily. It would be a good arrest. You can not just assume it would be thrown out.

The video clearly shows they are not impeding sidewalk traffic... plenty of room on the sidewalk. It would be thrown out. That is safe to assume.

[Rudy]

The video clearly shows they are not impeding sidewalk traffic... plenty of room on the sidewalk. It would be thrown out. That is safe to assume.

I havent seen the video. But Im still glad you are familiar with what the VA DA will do.

[Guest JohnDenver]

...But Im still glad you are familiar with what the VA DA will do.

I like to err on the side that assumes the law isn't out to be jackasses, just because they can. So with that assumption, the DA would throw it out after seeing how they weren't blocking sidewalk traffic.

[oldguystudent]

That video really makes it appear as though the officer simply has a personal problem with the demonstration. It's hard to tell if he's even on duty since he's in uniform, but he drives up in an unmarked, apparently civilian vehicle. The girl wasn't too bright with the "Just wait until the next commercial" part though. If there's anything I've learned in my life, it's that disrespecting an officer, especially in the presence of others, will almost certainly result in you being cited for something. As for the original confrontation, maybe the officer was sent there by dispatch. Maybe the group had been denied a permit for the performance. Can't tell all the details. The end product from this angle though, looks like a case of an officer feeling that his dignity was being threatened and invoking the sacred law of "You will respect my authoritay!"

[KingDL1]

She is going to get charged almost no doubt about it.

Watch the video.

[hickoryhouse]

After watching that video I think the cop was acting like a jack ass, he probably was legally able to do what he did though. The girl was also acting like a jackass.

I don't understand what they were trying to accomplish, i suppose they were trying to make a statement oon how americans waste so much time doing nothing....

Oh well, the cop got worked up over basicaly nothing, but the girl was acting like a "b"

just goes to show you, just because you don't understand it, doesn't make it art.

[Guest JohnDenver]

No doubt the girl was acting a fool... Is acting a fool a crime?

Speaking of acting a fool: Cops Gone Wild

[UNT90]

First, an ADA will never see this case because this was a violation of a city ordinanace. Think traffic ticket. These cases go before the municipal court and city prosecutor.

Second, the officers were probably dispatched to the scene because of a complaint by the business owners about these people blocking the sidewalk. Trust me, the business owners know that law and probably demanded action.

Third, all the officer asked them to do was leave, about 100 times, and told them they were violating the law and that they would be charged if they didn't leave. He arrest one girl, who wanted her 15 minutes (and got it) and knew she was going to be arrested. Everyone else complied and walked away.

Fourth, she's lucky he did not charge her with Fail to ID (assuming Va. has this charge) and resisting arrest, as there is enough video evidence to charge, if not convict, for resisting, at least in this state. SO to say the officer was anything but generous would be completely foolish.

Fifth, this is a non-issue. Just a cop doing his job (the cop in the truck was probably working a part time nearby and came over to help).

Sixth, JD = Hippie protester in his younger days. Much hate for the policeman.

Edited May 18, 2009 by UNT90

[UNT90]

The video clearly shows they are not impeding sidewalk traffic... plenty of room on the sidewalk. It would be thrown out. That is safe to assume.

Don't be so sure. Texas law uses the word "impeding", not blocking. And they were impeding the sidewalk.

Really doesn't matter, because no one knows what the city ordinance in that town says about blocking or impeding the sidewalk... except maybe the officer who made the arrest. **sarcasm tag**

[UNTFan23]

First, an ADA will never see this case because this was a violation of a city ordinanace. Think traffic ticket. These cases go before the municipal court and city prosecutor.

Still, waste of city resources prosecuting this person. They've got bigger crimes to work than a five minute demonstration.

[UNT90]

Still, waste of city resources prosecuting this person. They've got bigger crimes to work than a five minute demonstration.

Tell that to the businessman whose front door these people were blocking/impeding. I takes as much time as a speeding ticket. Non-issue.

Seems to me that a little communication with authorities before the "demonstration" would have averted this whole thing. I bet you the people that organized this demonstration knew they were violating the law, thus didn't communicate anything with the city. Great restraint shown by the officers to arrest just the one girl. I'm sure the person with the camera was disappointed that more weren't arrested in thier "demonstration".

Edited May 19, 2009 by UNT90

[oldguystudent]

Off topic question for Rudy and/or Emmitt. Am I really obligated to carry my license with me at all times? One of the charges the officer threatened was failure to provide ID. Really?

[Guest JohnDenver]

Off topic question for Rudy and/or Emmitt. Am I really obligated to carry my license with me at all times? One of the charges the officer threatened was failure to provide ID. Really?

Haven't you been listening? Cops can arrest you for whatever they like. It is up to you to fight your way out of it. If it isn't one thing, they can get you on a zillion other little questionable crap laws.

Perhaps the cops were called by businesses, but that would be silly, since no doubt they have side walk sales -- and a vindictive gaggle of hippies aren't the ones to mess with.

[Rudy]

In Texas, "failure to ID fugitive" is used when someone doesnt have an id when they are arrested. If someone gives you a fake name, it tacks on another charge. Its actually a great catch all. Me and Emmitt used it on an idiot when I was working security off of Greenville. Sad thing is I told him not to lie to PD when they got there. He gave me 2 different names and dates of birth. lol.

Technically, yes you have to have your ID on you at all times, but Im not familiar with all the technicalities of it off hand.

[Rudy]

Haven't you been listening? Cops can arrest you for whatever they like. It is up to you to fight your way out of it. If it isn't one thing, they can get you on a zillion other little questionable crap laws.

Hang on, let me get my miniature violin out for you.

[Guest JohnDenver]

Hang on, let me get my miniature violin out for you.

Zing!

The ultimate "catch all" law was the "license plate cover can't block any of the Texas on the plate" law... Which made 90% of all alumni covers illegal. It allowed cops to pull over any one with one, at any time. Luckily it was later dropped as a law. It didn't stop my friend from being pulled over for that reason in Farmers Branch. That officer obviously didn't get the memo.

[UNT90]

Haven't you been listening? Cops can arrest you for whatever they like. It is up to you to fight your way out of it. If it isn't one thing, they can get you on a zillion other little questionable crap laws.

Perhaps the cops were called by businesses, but that would be silly, since no doubt they have side walk sales -- and a vindictive gaggle of hippies aren't the ones to mess with.

No, cops can arrest you for violating a law, which means cops can arrest you for walking on a street when a sidewalk is available, for walking on a public road with traffic where a sidewalk is not available (not walking against traffic). Doesn't mean they will, but they absolutely have that ability. Next time you get stop for a traffic violation, try acting like that girl and see how long it takes to get put in cuffs.

The reason the arrest option exists is exactly for situation like this, where a person refuses to abide by a law, even after being told over and over again that she would be arrested if she didn't stop breaking the law. Take that power away, and how do you enforce the law? She would just continue to stand there, violating city ordinance, leaving the cop with nothing to do but keep shouting at her.

Oh, and get real, JD. Everyone knows hippies steal more than they ever buy.

[UNT90]

Zing!

The ultimate "catch all" law was the "license plate cover can't block any of the Texas on the plate" law... Which made 90% of all alumni covers illegal. It allowed cops to pull over any one with one, at any time. Luckily it was later dropped as a law. It didn't stop my friend from being pulled over for that reason in Farmers Branch. That officer obviously didn't get the memo.

Was your friend Hispanic? Cheap, but I couldn't resist.

Also, you do NOT have to carry your ID with you all the time. That is not the law. You must give an officer your correct name and DOB when legally detained. That is the law.

[Guest JohnDenver]

No, cops can arrest you for violating a law, which means cops can arrest you for walking on a street when a sidewalk is available, for walking on a public road with traffic where a sidewalk is not available (not walking against traffic). Doesn't mean they will, but they absolutely have that ability. Next time you get stop for a traffic violation, try acting like that girl and see how long it takes to get put in cuffs.

The reason the arrest option exists is exactly for situation like this, where a person refuses to abide by a law, even after being told over and over again that she would be arrested if she didn't stop breaking the law. Take that power away, and how do you enforce the law? She would just continue to stand there, violating city ordinance, leaving the cop with nothing to do but keep shouting at her.

Oh, and get real, JD. Everyone knows hippies steal more than they ever buy.

True.. but their stench can keep the paying customers away!

I really don't agree with the arrest, even with breaking the law. Write a ticket, like a parked car. Come back later, if they are still there, write another ticket. Come back later, if they are still there, boot them, but leave them there.

The problem is that cops aren't lawyers. Often enough times they are flat wrong about a "law" and just use it to practice street justice. Just MHO of course. I know, I am a dirty hippie. Lucky for me, I don't live near Dallas, so Rudy and Emmit won't flex their copper muscles at me.

[KingDL1]

PI is the ultimate catch all and trust me you don't have to drink to get one.

[UNT90]

The problem is that cops aren't lawyers. Often enough times they are flat wrong about a "law" and just use it to practice street justice. Just MHO of course. I know, I am a dirty hippie.

Good things cops aren't lawyers, or a decision to arrest wouldn't be made for 10 days.

As far as cops practicing street justice, well, you are just showing your 70's roots. Mistakes may be made, but 99.999999% of the time, thats just what they are, mistakes. And suprisingly it happens very rarely.