It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Originally posted by SonicInfinity
reply to post by LargeFries
It's pretty much this situation. I don't know how the cops are in England, but here in America, you don't talk back to a cop. They don't give a crap if they're breaking the law or the amount of fancy words you throw at them. If you refuse to produce your ID and you get all smart alec with them, they'll beat you with a club and arrest you, simple as that. You think you can sue the cop for assault?
This is America. Good luck with that.
Originally posted by HighMaintenance
I certainly hope PC Stout went home that evening and brushed up on his 'arrest laws'. The fact that he faltered and seemed uncertain was his downfall. I'm not saying the cyclist was in the right, he was stopped for a reason, and IMO he was right to assert his knowledge of his rights, although perhaps with a little less smugness. He neither denied nor confirmed any wrongdoing (kinda like 'pleading the 5th' in a roundabout way). Had PC Stout been in the same position knowledgewise, instead just assuming that his position entitled him to unquestioned authority (which only leads to little wannabe dictators harassing the public because they think their badge gives them the authority to act like a pillock) and instead of losing his cool, he would have been able to assert his rightful authority to control the situation, either fine him, caution him or arrest him. In my mind that is BASIC policing, he should KNOW without a shadow of a doubt when he can and can't arrest someone. And if he's going to stop someone for a traffic violation, he needs to know those laws too. That said, even with the appalling smugness and equally appalling lack of policing, it did make I larf !
As for the other coppers messing about, well I think they have a really tough job and it's good to let off steam now and then or we end up with rigid robocops unyielding to any misdemeanor. Please let's keep them human, after all laughter is the best medicine. Anyway it's the old ladies taking on the thugs these days !! I am, and I'm sure many others are, guilty of taking the mick when we know the boss isn't watching.
Originally posted by servumlibertatem
The 'police' have no right to detain you and hold you on a whim, regardless of the current practice. 'Runiing a red light' is no crime, and both participants in the video knew that...why do you think chase was not given?
Originally posted by PsykoOps
Originally posted by servumlibertatem
The 'police' have no right to detain you and hold you on a whim, regardless of the current practice. 'Runiing a red light' is no crime, and both participants in the video knew that...why do you think chase was not given?
Since when? Do you have a source or is this just a misguided illusion?
Originally posted by MushroomWig
I must be missing something, the guy broke the law by running a red light and he suddenly has the right to act like a complete tool because he was caught.
Originally posted by duality90
Rather enjoyed it, although I am actually reasonably certain that the Constable was correct in asserting that s.24 Police and Criminal Evidence Act empowers him to arrest the individual in this instance (i.e. where he refuses to identify himself in order that a ticket can be issued). The relevant provision is s.24(5)(e),(f) PACE 1984. In running a red light he is prima facie guilty of an offense under s.28 or s.29 Road Traffic Act 1988 (as amended by RTA 1991).
I cant argue points of British 'Law', as I have little study of the same. I have no doubt that the PC believes that he has the authority to detain someone until identified, and and some Act 'authorizing' the same..IMHO, the point is moot...you have the right to not give evidence against yourself...is not providing an identity giving evidence? I won't even delve into the issue of duress here.
Remember, a ticket is merely an order to appear before a court so that you can defend your innocence and the state can try to prove your guilt. You can contest it in court, but it is unfortunately the discretion of the officer to give them. That is why we have a judicial system which acts as a check on the power of Police.
In current practise, yes..at Law, I would argue that an information need be sworn to properly compel someone to attend. If an information is not sworn, was there really a crime committed? I would argue 'no', he rightfully refuses to contract with the PC, which is the way they 'trick' you to court absent a sworn information.
That being said, I'm pretty sure the guy would probably have just gotten off with a warning for running the red light (assuming he did) had he not challenged the authority of the constable. Again, on the spot, much is left to the discretion of the officer to issue or not. By and large, I don't really think it's worthwhile to risk the potential fine. Other people may feel otherwise inclined, but for something minor like a traffic violation, chances are that you're going to be ticketed if you question the constable. Obviously, for more serious offences I would keep schtum and not say a bloody word, but for something so minor.
Sadly the chap in the video probably was in the legal wrong in this case. A police officer is not allowed to simply demand you to produce identification on demand, but when he has witnessed or has reason to suspect you have committed an offence (as in this case) then he is probably well within his authority to do so. That being said, the obvious check against open and free discretion to do so is the fact that he would probably be fired if he was found to be writing frivolous tickets and abusing his authority.
I guess it all comes down to how you define 'offence', but I would argue he was excercising his common-law right to travel, and accosted by an agent of the Crown whilst breaking no Law. Rightfully, he refused to contract with the said Agent, even under duress, and perhaps assault. The Crown Agent (who knew EXACTLY what was going on at common law) allowed the subject to leave, as he rightly should, after he determined the subject would sand firmly under his MC-guaranteed rights ...or thats the way I see it, anyways Very brave!
Originally posted by PsykoOps
Originally posted by servumlibertatem
The 'police' have no right to detain you and hold you on a whim, regardless of the current practice. 'Runiing a red light' is no crime, and both participants in the video knew that...why do you think chase was not given?
Since when? Do you have a source or is this just a misguided illusion?
Originally posted by DaMod
If the guy ran a red light (which is a very dangerous thing to do and is the cause of many potentially fatal accidents) then he deserves to get a ticket... He broke the law, he needs to pay the consequences.
The guy was on a bike. Agreed, running a red light on a bike is a serious matter that may have cost him his life. Assume that he got hit and killed...who is at fault? Him, of course...whould his heirs have a right to sue the driver of the car that killed hime? Of course not! That is LAW
Yes this video is hilarious but it doesn't make it right. The police officer was just doing his job and was holding his temper quite well considering how big of a jerk the one taping this was. I'm not a police officer and I have met many that do not deserve to wear the badge.. In this particular case however, the police officer was just doing his job.. and correctly I might add.
I wholeheartedly agree...the PC was just doing his 'job' of imposing a monetary penalty for foolishly risking his own life. The guy chose not to contract with the PC (as is required absent warrant) and went on his merry way. I guess it's just a matter of perspective
Originally posted by servumlibertatem
Originally posted by PsykoOps
Originally posted by servumlibertatem
The 'police' have no right to detain you and hold you on a whim, regardless of the current practice. 'Runiing a red light' is no crime, and both participants in the video knew that...why do you think chase was not given?
Since when? Do you have a source or is this just a misguided illusion?
In England, it is guaranteed by Magna Charta of 1215.
Do you argue that the police SHOULD be able to detain you without warrant?
Originally posted by PsykoOps
Originally posted by servumlibertatem
Originally posted by PsykoOps
Originally posted by servumlibertatem
The 'police' have no right to detain you and hold you on a whim, regardless of the current practice. 'Runiing a red light' is no crime, and both participants in the video knew that...why do you think chase was not given?
Since when? Do you have a source or is this just a misguided illusion?
In England, it is guaranteed by Magna Charta of 1215.
Do you argue that the police SHOULD be able to detain you without warrant?
Are you claiming that police need a warrant to write you a ticket? Or tickets for running red lights shouldn't be given?
Yes I do absolutely argue that they have the right to temporarily detain you while the ticket is given. Or should he magically teleport it into your home address?