Question for the LEOs here

[Metryshooter]

saw that someone posted this link that apparently happened recently in Alabama. The video shows a cop trying to get someone put of a home to arrest them. I'm guessing he'd not previously informed the suspect that he was being arrested. It's possible the guy just robbed a conveinience store and ran into the apartment, who knows.
My questions are these, if the guy hasn't been notified of an arrest or detainment is he resisting? If someone is being arrested must the arresting officer notify them of it and what the infraction is?
http://totalfratmove.com/police-beating-tasing-in-tuscaloosa/

 

[RedStickChick]

I'm no LEO but first off, the video doesn't tell the whole story. You don't know what was happening inside the residence before the subject was removed.

Just my $0.02.

Also, those videos really **** me off. They're baiting the officer. I don't understand why people don't comply. It would cause SO MANY FEWER headaches.

 

[Metryshooter]

The article obviously was written with an agenda, especially since it doesn't show what happened before. As I said he maybe just robbed a store and ran into the apartment.
It just made me think based upon what's seen if the guy is resisting a lawful order. For all we know from the video the cop could've had the wrong apartment. If the guy wasn't informed that he was being arrested is he still resisting arrest?

I ask these questions to clarify legality not to demonize or start a war.

 

[RedStickChick]

The article obviously was written with an agenda.

It's TFM, what do you expect? Lol.

if the guy hasn't been notified of an arrest or detainment is he resisting?

In one of the other videos posted, the officer tells him/them that he/they're being arrested, and I'm pretty sure he includes the charges as well. But you can barely hear that over everyone demanding a warrant and asking them what right they have to be there, etc.

 

[Persecutor]

I did not watch the video, but in Louisiana our statute is "Resisting an Officer" not just resisting arrest. Here, if a LEO has authority to arrest, detain, serve process, or direct, and someone interferes or refuses to comply with his commands, then the person can be charged with resisting. So I guess the answer is a person does not have to be told he is under arrest to be guilty of resisting. What we typically see on TV/movies is dramatic fiction. To steal a quote I previously read on this forum, good effective police work is not always pleasant to watch.

 

[sliguns]

Does "responding to a noise complaint" create exigent circumstances that allow a cop warrantless entry?

 

[Barry J]

Does "responding to a noise complaint" create exigent circumstances that allow a cop warrantless entry?

There is not a yes or no answer to what an exigent circumstance is. Each case is decided on its own facts.

 

[STPHomie]

Does "responding to a noise complaint" create exigent circumstances that allow a cop warrantless entry?

NO, it does not.

 

[MOTOR51]

Does "responding to a noise complaint" create exigent circumstances that allow a cop warrantless entry?

If it violates noise ordinances or maybe suspicion of under age drinking in plain view.


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[MOTOR51]

NO, it does not.

I'm assuming you agree that it does if the noise ordinance in some cities are violated.


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[STPHomie]

I'm assuming you agree that it does if the noise ordinance in some cities are violated.


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None of that was part of the question posed by sliguns. Why not just answer the question without adding new extra circumstances?

 

[MOTOR51]

None of that was part of the question posed by sliguns. Why not just answer the question without adding new extra circumstances?

Post #9 answered that. Did you read the whole thread? I guess not


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[nola000]

"CCRP

Art. 218.1. Advice of reasons for arrest or detention and of rights

When any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel."

 

[nola000]

"Art. 220. Submission to arrest; use of force

A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance of the person being arrested or detained."

Key here is a "lawful arrest". If it is found in court that the officer hadnt, prior to the arrest, met probable cause then a charge of "resisting an officer" should be thrown out.

 

[MOTOR51]

"Art. 220. Submission to arrest; use of force

A person shall submit peaceably to a lawful arrest. The person making a lawful arrest may use reasonable force to effect the arrest and detention, and also to overcome any resistance or threatened resistance of the person being arrested or detained."

Key here is a "lawful arrest". If it is found in court that the officer hadnt, prior to the arrest, met probable cause then a charge of "resisting an officer" should be thrown out.

Thanks, now what is your point


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[Hattrick 22]

In on page 1!!!!!!

 

[Gator 45/70]

Look's like about 6 new Harley's will be given away next year.

 

[Barry J]

Thanks, now what is your point


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Don't know what his point is, but it looks like he registered to make it. It also looks like his only post.

 

[nola000]

Thanks, now what is your point


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Don't know what his point is, but it looks like he registered to make it. It also looks like his only post.

Gee, welcome to the forum, huh?

I registered because I was interested in what has been going on in St. Tammany with the firearm ordinance and this forum doesnt let you lurk much. There is a maximum number of pages you can view unless youre registered. I also met a member recently that suggested this forum to me. Said everybody was nice.

I posted those laws because the OP asked questions pertinent to those laws specifically.

 

[Emperor]

Gee, welcome to the forum, huh?

I registered because I was interested in what has been going on in St. Tammany with the firearm ordinance and this forum doesnt let you lurk much. There is a maximum number of pages you can view unless youre registered. I also met a member recently that suggested this forum to me. Said everybody was nice.

I posted those laws because the OP asked questions pertinent to those laws specifically.

Heyyyyyy! Wait a minute! Your skillful usage of these "inherent and specific to BS" emoji's has me wondering if you are no stranger to this place?!? Right down to you deftly acting as if you don't know that all new members are attacked upon their first post!

Nice bit of reverse psychology!