timetokill
Banned
Disgusting and comedic all at once.
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SFPD has Public Defender Arrested for Representing her Client During Questioning
- Thread starter Syriel
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Turning in a bad cop is a real fast way to finding yourself unemployed.
Anoregon
The flight plan I just filed with the agency list me, my men, Dr. Pavel here. But only one of you!
The system is fine!
Eighty Deuce
Banned
No one is safe from this shit
The police had no special right to force someone to get photographed like he was on a lineup. If you're being forced or not free to go, you're being detained, which is a major problem in this situation.
Anyone who hates public defenders is a legit shitty person, though. There are ineffective ones for sure, but I consider it similar to being a teacher. NOBODY does it for the pay.
Ahhh I see.
Theoretically, they were fine to take his picture, but they couldn't tell him to "stand still", he could have covered up his face or walked away.
Interesting.
With the two other cops standing to the left, no way they let those guys walk.
Suikoguy
I whinny my fervor lowly, for his length is not as great as those of the Hylian war stallions
Seriously, thanks for this.
I was expecting the police-officer to make some sort of actual charge, even if it was a useless, non applicable one such as "Obstruction of justice" before arresting her. To state "I will have you arrested for resisting arrest" demonstrates not only a lack of mastery over the English language (Putting "the wagon before the horse" so to speak) but also the blatant corruption in police department considering the public defender was released but an hour later with no charges. I am quite disgusted at the events that occurred.
I don't understand how that can possibly be true in light of the comments in other threads about how the police union protects bad cops. Why would it be so hard/rare to fire bad cops, but so easy to fire good ones?
I could see turning in a bad cop having other repercussions (assigned the lousy shifts, passed over for promotions, etc.), but I don't understand how the system could be set up to treat those who turn in a bad cop worse than the bad cop himself.
Jag
Member
She's an 18 year veteran of the PDs office. She's seen it all.
BTW, the correct answer is: Her client was in police custody, therefore she has a right to advise him.
Essentially the situation Miranda was designed to protect against.
slowly people might start to understand its a nation wide problem, and not just for the minorities. The police state is very much here.
From all the reports I read, there is no statement that the police made it clear that their actions were for a different crime under investigation. I think the attorney acted correctly.
And make those parasites illegal.
Angry Grimace
Two cannibals are eating a clown. One turns to the other and says "does something taste funny to you?"
Its actually legally questionable whether there's a right to counsel there. But arresting the public defender there is absolutely asinine and defies all common sense.
This ^^^ that whole situation is like....what? Just because the cop said something stupid doesn't mean she was in the right per say. Was she obstructing an investigation or something?
So in the eyes of the police you can be black by extension? I guess it's illegal to represent african american citizens too.
Are those doritos? Is that a mountain dew pond?
Meanwhile....
Are those doritos? Is that a mountain dew pond?
Because the unions are run by bad cops.
Jag
Member
Possibly. Obviously we don't know all the facts BUT it does appear that he is in police custody, which means he has the right to be represented by counsel prior to questioning. So absent an administrative purpose (booking, etc) or an exigent circumstance (possible crime being committed), I don't see how the cop has the right to deny the lawyer from speaking with her client.
That seems to cover it.
It is pretty clear that there was a detention. Both from the officer's initial words about them being free to go after they comply and from the fact that he has no legal right to order them to stand and pose for his camera phone.
A reasonable person would not have felt free to walk away from that situation. Not when a large group of cops is barking orders and just arrested your attorney for no reason.
She had every right to advise her clients that they did not have to submit to having their photos taken.
Yes it is. To enforce the law, one must know it. If you don't, you shouldn't be enforcing the law.
But that's one of the many fucked up things about law enforcement.
Random Painted HIghway
Member
Good stuff here. Proud of that public defender. It's a tough job, I did it for about four years. You sometimes have to take hard stances to protect your clients interests and frankly a lot of pds would just roll over on this, so good on this person.
elrechazado
Banned
PDs were my natural adversary when I was a prosecutor and I respect the hell out of people who do that job.
Good on this lady
Good on this lady
TheChocolateWar
Member
From what I have been reading, the public defender may have actually violated the penal code of San Francisco. The above the law article states in the editorial comments that the officer was taking pictures, and she refused to move. That would indeed be violating a portion of the penal code. Then again, the officer would be in the wrong had he been questioning prior to the intervention.
Care to link to this article.
TheChocolateWar
Member
I am on my iPad and cannot do so at the moment. Please see Above The Law. It is a website dedicated to snarky legal journalism. It can be found on Google, and it is the first or second article on the home page. Check contributor comments.
freeofgreed
Member
Yeah, it's so crazy how police officers can do the most evil shit and still be employed but if they actually show some decency then it's straight to the unemployment line.
balladofwindfishes
Member
Isn't this a sure fire way to make sure that guy walks on a technicality? Don't they have to throw the entire case out now?
TheChocolateWar
Member
The remedy for a civil rights violation is normally suppression of evidence obtained as a result, not a forced Nol pros.
Don't trust the comments. In fact, Tillotson was quoting that exact section of the CA code back to the officer, telling him he was in the wrong.
- When a someone is detained, they have a right to counsel.
- When represented, a lawyer speaks for their client.
- An officer cannot make the unilateral decision that an attorney does not represent a given client. Only the client can do that.
- An officer has no special rights to demand that someone allow a photo to be taken.
- The attorney, on behalf of her client, declined the officer's request to have photos taken.
At that point the officer should have just stepped back and waited for a clear shot. While you can decline to pose for a photo, anyone in public has the right to take a photo of you while you are in a public place.
Constitutional rights override state law.
Brewer v. Williams 430 U.S. 387 (1977) said:
Results of the investigation into the incident are now public. Officer was wrong to do what he did, but SFPD is treating it like an "OOPS, MY BAD!" type thing, as if the officer made an innocent mistake and didn't do anything wrong.
Note: Suhr is the SFPD Chief.
Source:
http://www.sfexaminer.com/police-wa...y-arrested-deputy-public-defender-courthouse/
Note: Suhr is the SFPD Chief.
Source:
http://www.sfexaminer.com/police-wa...y-arrested-deputy-public-defender-courthouse/
Good cops get fired for being out of line.
timetokill
Banned
Shameful as fuck
When the job is specifically governed and constrained by the Constitution, lack of knowledge about Constitutional requirements is fucking laughable.
Vincent Alexander
Member
I sure hate when I accidentally forget who I'm arresting, then charge someone else with resisting arrest.
well in a lot of countries they tend to use the extra layer of authority as a catch all, but yeah police wing it like shit so much of the time. and then they have to find out after the fact that it wasn't allowed. And their "not knowing" it was wrong is a court admissible defense, guys.
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