This video shows a disturbing scene as a man, Brennan Hamilton, who is arrested after he asks for the name and badge number of a Fort Lauderdale police officer who is identified as Jeff Overcash. On the video, Overcash is asked why he is arresting Hamilton for just asking for his badge number and he responds by saying it was for something that he did earlier (but apparently something that Overcash did not appear to believe warranted an arrest at that time).
An account by someone reportedly representing Hamilton was posted on some websites:
We have several witnesses for the incident prior to the arrest. The facts are essentially the train was going past the intersection, on SW 2nd Avenue, Fort Lauderdale. My client, Brennen Hamilton, was waiting with his wife and friends for the train to pass. My client leaned up against the rear of the police car.
Officer Overcash approached my client and took him by the arm and said ‘Get your ass off the car. How would you like it if I leaned my ass on your car?’ My client remained silent and rolled his eyes. The Officer said ‘Really tough guy, you have something to
say to me?’ My client remained silent. Officer Overcash then said ‘Yeah, that’s right tough guy, you’ve got nothing to say.’ The train passed and my client and his wife went to his car and called Fort Lauderdale Police, to complain about the treatment he just received. There wasn’t a Lt. or a Sgt. working at that time, so he left his number. During the call he was asked for the Officer’s name and badge number. He did not know that information.
After getting off the phone he went back to Officer Overcash and asked him if he could please give him his badge number and name. That is where the video is recorded. You can see my client approach calmly and request his badge and name. Without hesitation Officer Overcash immediately puts my client in cuffs, and ultimately charges him with resisting without violence and disorderly intoxication. My client was not intoxicated whatsoever. He is a licensed recovery agent and possesses all of the proper State licenses.
If these facts are proven, it constitute an extremely serious abuse of power and should raise serious questions as to the ability of this officer to continue on the force.
In one state I am aware of you can be arrested for Resisting and Obstructing a Police Officer for refusing to allow a blood draw, while strapped to a gurney at the hospital. I kid you not.
My best to momma who has achieved what we all strive for: a long life surrounded by those who love her, and a damn fine breakfast, indeed. Happy Birthday and crust up those hash browns!
Nice, I have my mother over. We celebrated her 80th Thursday and I too will be retreating to the confines of the kitchen to prepare her fav of fav’s. Banana nut pancakes, bacon and hash browns. A wonderful breakfast for a wonderful mother. 🙂
Bdman:
“Just wanted to say Hi Mes, and good mornin.”
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Right back at you. I am in the kitchen getting ready to make some Hollandaise. The poaching pot is on and I’m looking for some Canadian bacon or something to put on these English muffins.
Just wanted to say Hi Mes, and good morning 🙂
Yes, yes. The law on it is a complicated. I read a law review article last year said that it was legal in four states. I have since come to believe that it is legal in more than four, but I have no count.
The big issue is whether it is privileged conduct under 4A (meaning that resisting unlawful intrusions would be legal all over the US, state law notwithstanding). Last SCOTUS case said that 4a does empower people to resist unlawful arrest, but the last SCOTUS case was like 1906. Prosecutors and judges scramble like mad to avoid this hot potato issue (which really should be resolved).
Buddy Hinton:
“– it should NOT be illegal to resist an unlawful arrest.–”
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In most states it is not illegal. Virginia case law says one has a duty to do so.
Correction:
— it should NOT be illegal to resist an unlawful arrest.–
I am not saying that it is a good idea to resist arrest (unless you feel that you will be raped in the holding cell). Generally speaking, it is not.
However, it should be illegal to resist an unlawful arrest.
Some of the posters seem to have confused these two separate issues.
By the way, the popos have linked this Turleythd and most of them think the arrest in this vid was fine and dandy:
http://www.glocktalk.com/forums/showthread.php?t=1215379
I was once arrested for asking for an officer’s badge number. The charge was disorderly conduct. Dismissed with prejudice several months later.
(the above comes from somebody quite left with little respect for “authority for its own sake” and real firearms familiarity) Cops do have a shitty job, mostly nobody is happy to see them.
I cannot think of a scenario where resisting arrest would be anything like a good idea – except in fear of loss of life.
This proposes starting a fight that somebody has to win and from there you go where? The cop is going to be determined not to lose and you have now proven yourself to be an adversary of unknown dangerousness. On your part you have now forced the cop to use even more force against you than what you originally objected to. Just for fun let us add in the issue of weaponry, you’re bringing what to a potential gun fight? You certainly don’t think that firearm at his side is a decoration? If your actions make him “realistically” fear for his or the public’s safety you are in a world of hurt. No one who knows spit about firearms is going to shoot to wound – center mass is the game and somebody spooked and physically stressed won’t be real accurate so figure on multiple rounds.
Short version = not many stupider ideas get bruited about. Sort it out in court where you’re not risking life and limb.
While losing your freedom from an arrest can be humiliating and terrifying to most people, your calm demeanor is important and will go a long way with a jury of your peers, especially if the arrest was unwarranted/false. I firmly suggest that—under no reasonable circumstances—should you ever resist arrest. There ‘might’ be some rare circumstances where a jury ‘might’ consider your resistance justified; however, such instances would be too hypothetically untenable to postulate ‘a priori’.
Based on the video and the posted material, the LEO exceeded his authority and the arrest was unwarranted because there appears to have been no probable cause for arrest. The subject’s calmness should prevail if the facts are on his side and if a civil lawsuit ensues against the LEO for false arrest.
One of the most likely times for a physical confrontation between an LEO and an arrestee is just before the cuffs are applied because at that point all of the emotions surface when the subject finally realizes that he or she is about to lose his or her liberty and freedom.
Since I doubt that many hardened criminals are reading this note, you might visualize the scenario of how you would react if you were arrested—under legal or false circumstances—and try to comport yourself with as much calm as you can during one of the most potentially indignant experiences of your life.
A detention may be unlawful for reasons completely unknown to the arresting officer (just as it may be lawful for reasons completely unknown to the detainee).
That is fine. If the officer explains to the person why they are being arrested, and it is a lawful reason, then the person knows the arrest is lawful and has no right to resist even under my proposal. In fact, one of the beautiful things about my proposal is that it encourages police to clearly announce that they are police and to clearly explain to the arrestee why the arrestee is being arrested. That doesn’t happen under the existing system and that is a bad thing.
A detention may be unlawful for reasons completely unknown to the arresting officer (just as it may be lawful for reasons completely unknown to the detainee).
No, the existing law is not that simple or that uniform, and there are unresolved issues. (The big one being whether 4A provides citizens with the right to resist unlawful searches and seizures.
The problem is that even when there is recording equipment, it always “malfunctions” when it is exculpatory for the suspect or incriminating for the cop. Two recent examples are the University of Maryland beating and the Seattle street golf incidents lately. Both cases are extremely egregious examples of obvious spoliation, and neither one is likely to end up with any significant punishment.
The only way these will ever be punished will be if we, as jurors, stop taking cops simply on their word.
A detention may be unlawful for reasons completely unknown to the arresting officer (just as it may be lawful for reasons completely unknown to the detainee). Under such circumstances, resistance is unlikely to make the officer “relent in his bad judgment” but may substantially increase the risk of harm to officers, detainee, and members of the public. While I don’t believe that the availabilit of civil suits cures the problem, some posters seem to suggest that such suits are impossible. Actually, wrongful arrest suits are not uncommon, and you need not prove that the officer was aware the arrest was illegal in order to recover. However, I do agree that dishonest officers result in civil remedies being even less effective. Back to the need for recording equipment in law enforcement vehicles, and ensuring that anti-recording laws do not apply to uniformed officers interacting with members of the public.