Articles Posted in Excessive Use of Force?

Being arrested is a stressful experience. Due to the large number of individuals arrested each year in California, it is a wise idea to know some essential advice in case you find yourself arrested by California law enforcement. While false arrests do occur, it is always best to be prepared to handle the situation should the unfortunate circumstances arise. Due to the high pressure of the situation, many individual become scared and emotional. What follows are some essential pieces of advice to follow after being arrested in California:

  • Never Resist Arrest. Being arrested can trigger a wide range of emotions in individuals. If you find yourself arrested, fight all temptation to resist the arrest. Even if you are innocent, resisting arrest can result in an additional charge being brought against you. Instead, remain calm, know that everything can be taken care of at a later time.
  • Remember You Have the Right to Remain Silent. The Fifth Amendment provides individuals with protection against self-incrimination. As a result, individuals should remain silent during an arrest because law enforcement can and will use anything that you say against you at a later time. If you must say anything, say that you will remain silent until a lawyer is present.

We are seeing an increase in news about people resisting arrest. These mishaps began to enter the public consciousness with the  Rodney King video release, and continue through situations like the  Trayvon Martin case in Florida. Most people who are arrested will not resist the arrest, all too often out of fear of police brutality, regardless of whether the arrest is lawful or not. However, some individuals who have not done anything wrong will resist an unlawful arrest, and rightfully so, considering the arrestee had not done anything wrong. What does resisting an unlawful arrest get you? Usually in more trouble.

Resisting Arrest and the Consequences

Resisting an arrest usually involves fighting a police officer, running away from a police officer, or threatening a police officer. In most jurisdictions resisting an arrest is an additional charge that can be added to the underlying charge for which you are arrested. So what type of consequences come along with a resisting arrest charge? Resisting arrest is considered a Class A Misdemeanor. Under this class of crime, the Court can order jail for 48 hours or order you to perform community service for at least 100 hours. The resisting arrest conviction does not resolve with the initial reason why you were arrested in the first place.

Schools are taking drug use more seriously to the extent of hiring drug-sniffing dogs to secure narcotics from students’ belongings, so much so that the district decided to use close to $60,000 acquired in an education grant to purchase Blitz – their very own drug detecting dog. Previously, principals of the schools in the San Diego district had to pull the funds for separate narcotic searches with canines from their individual campus budgets, but since the hiring of Blitz authorities have been able to visit and have the dog sniff out nearly all of the high schools the district encompasses. Some parents, however, are far from happy about the acquisition and claim the drug searches are a violation of the freedom rights of their children. The administration has taken as many precautions as possible to make sure students are aware the searches are voluntary and parents are notified; text messages are sent to the parents when searches are going to take place. Students are allowed to choose whether or not to exit classrooms and leave their belongings in order to volunteer being subjected to searches from Blitz. Having a personal narcotic sniffing canine certainly is out of the norm for a school district and It isn’t clear if other districts will follow in San Diego’s footsteps.

Sources:
“Drug Sniffing Dog Has Increased Presence On San Diego Campuses” – UT San Diego

CNN San Diego reported that things aren’t looking good for Tom Greer, an 80-year-old man who sealed his own fate when two individuals tried to rob him. The two burglars, later identified to be 26-year-old Gus Adams and 28-year-old Andrea Miller, broke into his home in Long Beach, CA. When Greer approached the pair of robbers – who were trying to get into his safe -they quickly began assaulting him. They threw the old man onto the ground, immediately fracturing his collarbone, but he wasn’t down for the count yet. While the thieves continued their effort to open the safe, Greer took advantage of their distraction and grabbed his .22 caliber Smith & Wesson revolver. The pair, Miller and Adams, ran out of the house as soon as they saw the elderly man was armed and packing some heat. You’d think a homeowner would be happy when they were able to drive criminals away and still have mostly everything in tact, but not Tom Greer. He followed them outside and everywhere they went, leading to a nearby alleyway – where he shot his .22 caliber at Miller; hitting her in the back. Adams had already ran off out if site, but Miller was in trouble. She was a bloody mess on the ground and when Greer approached her, she begged for her life and even claimed to be pregnant; he shot her anyway. Adams was later found and taken into custody on suspicion of murder for taking part in a crime leading to Miller’s death, and Greer is merely in custody awaiting charges. Speculation leans more towards Greer getting charged for second-degree murder because his actions weren’t premeditated but left the realm of self-defense.

Sources:
“Sould 80-year-old Homeowner Be Charged With Murder?” – CNN San Diego

A navy sailor, who was shot by a San Diego police officer in his apartment complex near Horton Plaza, was arraigned from his hospital bed on Wednesday. With his criminal defense attorney by his bedside, 24-year-old Esteban Nandin plead “not guilty” to one count of exhibiting a firearm to a police officer. He was ordered to remain held on $100,000 bail.

According to police, Nandin was armed and wearing a tactical vest, along with a gas mask, when he raised his military-style-assault- rifle at one of their own. The police shooting incident occurred around 3:00 a.m. on Sunday in the stairwell area of the Market Street Square Apartments. Police stated they were responding to reports from neighbors who witnessed seeing a man wearing body armor and carrying guns.

During their search for the suspect, Officer Charles Marciniak, a canine handler, located Nandin after opening a door to a stairwell landing. The two were face to face when Nandin raised his rifle at Officer Marciniak stated police investigators. The officer fired, hitting Nandin in the arm and sending shrapnel into his upper torso. Nandin retreated back into the stairwell and did not surrender for almost one hour. He emerged from the building unarmed with bleeding wounds to his arm and chest.