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Old 07-07-2012   #21
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by thunderkyss View Post
Well, that's the point. If he is working as a bouncer, can Peterson be "resisting arrest" ?
I'm going to guess...yes.

I know that you are saying. If it is just you and the cop and he attempts to arrest you and you have no idea who this guy is, can he arrest you for resisting even though you don't yet know him to be the law? I'll guess yes.

I don't agree with it, but I'm betting it can happen. Cops literally get away with murder on a daily basis in this country so I would imagine this is small potatos on their screwyou-o-meter.

[enter powda]
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Old 07-07-2012   #22
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by thunderkyss View Post
So...... an off duty police officer can arrest your for resisting arrest? That don't sound right.

& I'm asking, because I'm probably going to need to know one day. If I hit an off-duty police officer, say working as a bouncer, would I be arrested for assaulting an officer?
Off duty police officers retain their law enforcement authority/duty 24/7. They do need to identify themselves as such.
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Old 07-07-2012   #23
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Default Re: Adrian Peterson arrested in Houston

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Off duty police officers retain their law enforcement authority/duty 24/7. They do need to identify themselves as such.
...or while falsifying the police report. Just my two cents
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Old 07-07-2012   #24
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Default Re: Adrian Peterson arrested in Houston

Ever wonder why NBA players don't want to live here? Clubbing is often problematic.
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Old 07-07-2012   #25
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by thunderkyss View Post
So...... an off duty police officer can arrest your for resisting arrest? That don't sound right.

& I'm asking, because I'm probably going to need to know one day. If I hit an off-duty police officer, say working as a bouncer, would I be arrested for assaulting an officer?
He put his hands on an officer (shoved the officer in the shoulder) and that was the big No-No that made the officer say "You're under arrest."

Then he resisted arrest. Probably a misstatement by whomever made the report...you're under arrest and you resisted arrest, so you're under arrest. LOL.

The guy just cuffed and stuffed Adrian Peterson...I'm pretty sure he might have flubbed the terminology of how it went down.

Why is there this pervasive hate for law enforcement? I mean, every time one of these threads pops up...the cop is always guilty, immediately, of being a crazy maniac out of control. It gets old reading this stuff. All cops are bad, I guess???
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Old 07-07-2012   #26
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Default Re: Adrian Peterson arrested in Houston

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Nope, too many empowered yahoos out there and it is my big money league.
Ah, so it's not really fishing then. It's more like setting a trot line to see how many fish you can get to take the bait (the "CHL owners are mostly a crazy bunch" bait).

Nice.
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Old 07-07-2012   #27
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Default Re: Adrian Peterson arrested in Houston

Judd Zulgad (of the Star Tribune) twitter>>>>>>>>
Quote:
Just checked. For those asking, the off-duty cops in Houston WERE in uniform working security. Peterson could not have been confused.
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Old 07-08-2012   #28
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by CloakNNNdagger View Post
Judd Zulgad (of the Star Tribune) twitter>>>>>>>>

Quote:
Just checked. For those asking, the off-duty cops in Houston WERE in uniform working security. Peterson could not have been confused.
Then if Peterson did what they allege he did, he should be in hot water and I'm pretty much on the side of the law here. It takes a special brand of knothead to shove a uniform...at 2:00am....in a nightclub.......when they are asking you to gtf out.
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Old 07-08-2012   #29
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by GP View Post

Why is there this pervasive hate for law enforcement? I mean, every time one of these threads pops up...the cop is always guilty, immediately, of being a crazy maniac out of control. It gets old reading this stuff. All cops are bad, I guess???
And those same people will be bitching and moaning when the cops don't show up in 30 seconds when something bad happens to them.
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Old 07-08-2012   #30
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by GP View Post
Why is there this pervasive hate for law enforcement? I mean, every time one of these threads pops up...the cop is always guilty, immediately, of being a crazy maniac out of control. It gets old reading this stuff. All cops are bad, I guess???
There isn't. Bad cops make the news and create headlines which generate threads and so discussion. Good cops rarely get headlines. It is the same with any profession. When was the last time you saw a report "Doctor operated on 7 people today and they all survived?" Or "engineer designed a bridge twenty years ago and it didn't fall down today?"

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Then if Peterson did what they allege he did, he should be in hot water and I'm pretty much on the side of the law here. It takes a special brand of knothead to shove a uniform...at 2:00am....in a nightclub.......when they are asking you to gtf out.
The bold is a key element on murky facts we don't know. It is why I am wondering if additional charges are going to be brought or this gets dumped. You can't be resisting arrest until there is an attempted arrest, search or transportation (detained). Some cop walks up grabs your arm and says hey you need to leave and you pull your arm away you may be stupid but you aren't resisting arrest.
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Old 07-08-2012   #31
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by Showtime100 View Post
An off duty cop can arrest you 24/7 for anything you illegally do that he/she observes.

As for the 'assaulting a police officer' when off duty, and I presume you mean no uniform nor did he/she even ID him/herself as an officer, I don't know. Maybe you could JUST(lol) get assault on that one.
Bolded is quite important when they are off-duty.

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Ever wonder why NBA players don't want to live here? Clubbing is often problematic.
It sure is when you have a hearing problem and don't leave when repeatedly ordered to by uniformed cops. Let's not leave out being a jerk that got moved to a VIP room as you were disturbing other patrons.
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Old 07-08-2012   #32
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Default Re: Adrian Peterson arrested in Houston

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[enter powda]
With hesitation.

No da I know is going to maintain an asslt pub servant charge on an off duty cop who doesn't identify himself. You'd be looking at a misd A assault.

The reason for the resisting only charge is simple. Think of it like a dwi charge. Cop pulls you over for speeding, finds out your drunk and arrests you. You fight the speeding charge and win...without speeding there can be no dwi so that charge is tossed to. Instead a lot of agencies skip the speeding and only charge dwi. Make sense?

Exit Powda.
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Old 07-08-2012   #33
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Default Re: Adrian Peterson arrested in Houston

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The reason for the resisting only charge is simple. Think of it like a dwi charge. Cop pulls you over for speeding, finds out your drunk and arrests you. You fight the speeding charge and win...without speeding there can be no dwi so that charge is tossed to. Instead a lot of agencies skip the speeding and only charge dwi. Make sense?
As a practical matter it does to a minor maybe degree but as a legal matter it does not. No underlying offense is required in Texas for DUI. You only need probable cause for the stop. Your assertion if the speeding is tossed the DUI will be is flat incorrect. Unlike states like TN (McNair incident) you can just weave within your lane (some states like TN require you to actually leave your lane) and get pulled and tested for suspicion of drunk driving. Even there other grounds can uphold a stop and DUI.

More to the point for resisting arrest there is a precursor act required by the police officer. Even in uniform he can't walk up and tell you to jump and when you refuse it is resisting arrest. He has to attempt to arrest (funny how that makes it into the name of the charge), search or transport you. Then you have to resist. Saying get the f out of here is none of the above.

To be clear I am not judging this case at all. The facts will be very important. There is nothing illegal about asking for water after 2 am. Shoving someone could arguably be assault. If it is all on video, someone is getting a black eye.
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Old 07-08-2012   #34
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Default Re: Adrian Peterson arrested in Houston

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As a practical matter it does to a minor maybe degree but as a legal matter it does not. No underlying offense is required in Texas for DUI. You only need probable cause for the stop. Your assertion if the speeding is tossed the DUI will be is flat incorrect. Unlike states like TN (McNair incident) you can just weave within your lane (some states like TN require you to actually leave your lane) and get pulled and tested for suspicion of drunk driving. Even there other grounds can uphold a stop and DUI.

More to the point for resisting arrest there is a precursor act required by the police officer. Even in uniform he can't walk up and tell you to jump and when you refuse it is resisting arrest. He has to attempt to arrest (funny how that makes it into the name of the charge), search or transport you. Then you have to resist. Saying get the f out of here is none of the above.

To be clear I am not judging this case at all. The facts will be very important. There is nothing illegal about asking for water after 2 am. Shoving someone could arguably be assault. If it is all on video, someone is getting a black eye.
Perhaps dwi is a bad example though I see it all the time and keep in mind theres a dash cam present. If you can articulate weaving then there is pc for the stop. Without it you need another reason to pull someone over...hence the speeding example. If there is no speeding (or weaving etc...) there is no reason to effect the stop. If the speeding charge is beat theres no pc to have ever found the dwi.

In Petersons case, he was on private property. Business hours were over and officers were ushering people out the door. You cant just stay wherever you want whenever you want if its private property. I read and can speculate very easily on a patron who was pi and refused to leave (tresspassing). If he threatened or shoved an officer away then screw him...forget the fame and status...at that point he's just another turd.
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Old 07-08-2012   #35
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Default Re: Adrian Peterson arrested in Houston

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Perhaps dwi is a bad example though I see it all the time and keep in mind theres a dash cam present. If you can articulate weaving then there is pc for the stop. Without it you need another reason to pull someone over...hence the speeding example. If there is no speeding (or weaving etc...) there is no reason to effect the stop. If the speeding charge is beat theres no pc to have ever found the dwi.
Everything you are talking about is needing PC not needing an underlying charge. That is the underlying distinction I was pointing out. PC doesn't have to mean a charge. Somebody can be holding a Red Bull in a coozie at 3 am halfway nodding off committing no offense and the court will probably hold up the PC. I know of a woman who was parked legally sleeping in her car but it was a non-residential area and she got convicted of DUI.

Quote:
You cant just stay wherever you want whenever you want if its private property. .
Totally agree with that and the business owner has the right to forcibly eject you. The question I am raising is whether the cop actually did enough to support a criminal charge. I am sure further facts will emerge like the video although it probably won't have audio. But there is a big difference between "I am arresting you for PI" and "hey buddy you need to leave."
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Old 07-08-2012   #36
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Default Re: Adrian Peterson arrested in Houston

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PC doesn't have to mean a charge.
Exactly. If you dont have pc to pull somone over in the first place everything you find is tossed no matter how substantial. Just wanted to clarify for some of the other posters. You can be detained without being arrested...if you resist that detainment you get charges like the one put against ap...
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Old 07-08-2012   #37
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Default Re: Adrian Peterson arrested in Houston

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With hesitation.

No da I know is going to maintain an asslt pub servant charge on an off duty cop who doesn't identify himself. You'd be looking at a misd A assault.

The reason for the resisting only charge is simple. Think of it like a dwi charge. Cop pulls you over for speeding, finds out your drunk and arrests you. You fight the speeding charge and win...without speeding there can be no dwi so that charge is tossed to. Instead a lot of agencies skip the speeding and only charge dwi. Make sense?

Exit Powda.
Or they trump up another charge to have reason to pull you over, just saying...
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Old 07-08-2012   #38
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Default Re: Adrian Peterson arrested in Houston

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Ah, so it's not really fishing then. It's more like setting a trot line to see how many fish you can get to take the bait (the "CHL owners are mostly a crazy bunch" bait).

Nice.
No, but some fish are hungrier than others, while others react as a defensive mechanism. Moreover, some fish will go after artificial lures as readily as live bait.

Every fish is different, just like CHL owners, running backs and fantasy leagues.
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Old 07-08-2012   #39
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Default Re: Adrian Peterson arrested in Houston

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Originally Posted by CloakNNNdagger View Post
Judd Zulgad (of the Star Tribune) twitter>>>>>>>>
But, but....AD is not a Houstonian and might not know how Houston cops dress. Or.....or.....maybe he was just too drunk to know it is against the law to beat up cops. He is innocent I tell ya...
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Old 07-08-2012   #40
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Default Re: Adrian Peterson arrested in Houston

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The guy just cuffed and stuffed Adrian Peterson...I'm pretty sure he might have flubbed the terminology of how it went down.
Took three of them to get him "cuffed and stuffed" ... that first donut eating waste of taxpayer money wouldnt have had a chance.

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Why is there this pervasive hate for law enforcement? I mean, every time one of these threads pops up...the cop is always guilty, immediately, of being a crazy maniac out of control. It gets old reading this stuff. All cops are bad, I guess???
Because they are arrogant pricks who protect and serve NOTHING. They are their to act like barney-bad-asses, and steal your money. If it were up to me cop uniforms would come with bulleyes embroidered on them ...
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