Care to expand on that? I've heard similar things elsewhere regarding not resisting too hard, using words to the effect of "Under duress," but not exactly that phrase. Maybe "Under protest."
The guy got fired...the system did not back him up. It sucks, but the right thing was done. I'm probably missing something.
I should have phrased that different to not negate the legal gist. The Code says no person shall resist a "lawful arrest", however, this would mainly concern a court/jury determination, as anyone could resist saying it was unlawful. https://codes.ohio.gov/ohio-revised-code/section-2921.33
There was not even a reasonable suspicion to seize or stop the car, much less probable cause for arrest, it was a vendetta against the boyfriend, yet if he would have resisted, that would have been resisting arrest, yet that would have played out in favor for the boy in court.
And there's the rub, huh? I gotta believe Virginia has a similar statute. Proof of Resisting Arrest in Virginia To convict an offender of resisting arrest in Virginia under Va. Code §18.2-479.1, the Commonwealth must prove: a lawful arrest the officer applied physical force to the suspect, and the suspect fled Gotta know when to show them/know when to fold them, huh?
Dad was not a happy camper. Not to excuse make his actions, but I bet there's a ton of backstory to that situation besides the obvious.
John, when you get time, read this. Scroll to the bottom and click on the yellow box case link. Pay extra attention to page 4, par. 18/19. The driver recorded all this. https://www.aclu-mo.org/en/node/87
1: I belong to a gun rights group here, and there are members who know more about parts of the law than most lawyers and many policemen. We're lucky that most of the police throughout the state are conversant of (and respectful of) our rights. 2: I fear that the police are intentionally being abused by segments of our government so the ethical ones are chased away (or discouraged from applying) so as to fill the ranks with ones like officer Kuehnlein (or worse) who are loyal to the wrong masters. I grew up in northern Virginia in the early 60s when it was still backwoods. My older brother had an Austin Healey, and the cops used to harass him just to stay in practice. One day my mother had to borrow his car. She got out of the driveway and made it a few blocks before she got pulled over. The cop walked up, saw it was not my brother behind the whee, and without saying word he got back in his car and drove off. The problem is that citizens are fine with that stuff if they are "kept safe." These days, the rural police forces seem to be more protective of our rights than the city boys are (we've had small county sheriffs specifically say that they have a constitutional duty to not enforce laws that militate against our rights, specifically in the context of the Second Amendment.) I recently read a story about the Fairfax County police chief and a couple of high-ranking officers protecting a human trafficking ring (maybe 5 years ago or so.) This included not only thwarting investigations by detectives, these guys were having sex with some of the women as "compensation." Fairfax County is consistently one of the Top 5 richest counties in the nation. I lived in it for over 45 years. The chief made over $200,000/year. I suspect this all had ties with those residing in DC (only 10 miles away.)
I'm confident that you could find an attorney to challenge that one, and I am equally confident that any competent attorney could do so successfully. -- Hastings Legal -- Findlaw.com -- Ohio Laws & Administrative Rules
A lot of people have gotten very rich by knowing their rights and refusing to submit to unlawful orders by the police. There is the risk of being shot, after which the police would all conspire against justice, and there is the risk that an incompetent judge or a submissive jury would work against justice, but some very large monetary awards have been given to people with the courage to just say no to unlawful commands.
Right Ken. The detainee could be 100% legally right, but resisting could end with one being beat up or shot. It comes down basically to if one feels the officer is an ego strung out hothead power tripper!