Also, bear in mind, the resisting or obstruction only occurs if the cop was "in the execution of his duty."
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
What duty was the cop executing?
He was making a false arrest.
The HTA articulating he cannot arrest if the person without a driver's licence provides his real name, therefore, the cop was not acting in the execution of his duty.
The cop had no reasonable or probable grounds to belief your son had commited an offence or he would've charged him with that offence.
The cop is going to be fired, if justice is properly served. He knows it just like I do.
Don't let them scare you and video tape stuff like that, i.e., cops in a van.
What city are you in?
And what's the cops name?
car had been searched when it was left on the street before we collected it., seat backs were laid down flat and it had been searched.,obviously an illegal search !!!!!
Also the same time we were at the station the night of the arrest... another male came up from cells and was complaining to an officer at front desk that he didn't understand how he could be arrested for nothing and why they had the right to beat him.
brutality is terrible in this city....so much so that about 200 high school kids protested in the city in April. obviously terrible here....
I sincerely hope this gets into the press about my son as it is a most awful and terrible violation to a young man who is recovering from a near fatal car accident.
Call all media with your story.
Get a mini recorder and keep it in your car. If you can stopped covertly record the conversation with the cop. Always be polite as you know you're recording it.
There's a lot more to this story than I had initially believed. I think that an impartial investigation by an oversight body is warranted, or at the very least, the London Police Professional Standards Bureau. Again, best of luck with everything.
Thank you guys again for all of your very very helpful advice, you are worth your weight in gold....
Oh WOW ...
I understand how an incompetent and malignant person can cause problems when becoming a cop but what I don't understand is why are they getting away with it!
If the problems with these London cops are so known that people are protesting on the streets, why is nothing being done?
This is what happens when you give some people too much power and no way to control it. That's why cops should have mini cameras and microphones on them while on duty.
I hope you get more attention via the media to this case Coolchick or otherwise this cop may be punished but not the rest of them who are covering for him and could cause the same type of stress and suffering to other families.
Have got it confirmed today... just as Lawman says... Unable to produce drivers licence is NOT an arrestable offence.
Police always disclose info about people who are ALLEGEDLY guilty of a crime......but it appears to be taboo in some areas of the media to reverse the situation and disclose to media about the '''alleged brutality by a police officer'''' during a random road traffic stop. However, I have managed to get some newspapers to listen and they will be following the progress and once the civil suit is underway they will be putting it in the press.
Will approach TV tomorrow.....after all...... If any of us had been found (or even allegedly found) beating someone in the street our name age and description would be plastered all over the news, thus assassinating /defaming our character even though we are supposed to be innocent until proven guilty.........seems only fair that our servants (the police) should be held accountable and outed if they have commited or allegedly committed a similar crime.
You need to go see a Justice and get an arrest warrant for this cop.
Make several copies of the evidence you have, including the tape of him admitting to punching your son, and again, don't leave all your copies in your home.
So I just go to main court house and request to obtain an arrest warrant ?
Who would be arresting him, us ? He's about 6'6" and barrel chested... I'd need a step ladder ... and possibly a tazer !!
You said the JP might not sign it.....so shall I go an try to get one and maybe you can tell me what to do with it.... ( politely of course !! )
STAY ON TOPIC - " FAIL TO ID as a DRIVER" as pertaining to our forum - Highway Traffic Act.
any further non HTA posts will be deleted by ADMIN and/or MODS
Yes thank you... we have gone slightly off topic, will keep on topic on thread from this point.
Topic is actually :TRAFFIC STOPS....providing ID (which according to the Traffic Act in posts above can be remedied by anything with 'name' and current address', even by verbalising your name and current address is considered reasonable identification.).
.....so if anyone would like to pm me with any relevant information it would be better to do that for any slightly off topic communication. That way we can stay on the topic of providing/unable to provide ID (of any kind even verbally) which I am sure has happened to everyonel at some time or other.
Thank you for keeping threads in line HwyBear.... and I love your donut avatar.
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