I think a lot of this argument rest on the individuals interpretation of resist. I've never said you should be be nasty. To some extent you will be arguing, but again, definitions.zephyp wrote:The bottom line is if an LEO presses to do something you know is a rights violation you should make it clear verbally that you do not agree...dont argue or get nasty...dont give them any reason to cite you for anything...dont resist merely inform...if you keep your cool you will be in a much better position later in court...if you resist physically or become verbally abusive then you take part in the wrongdoing...then its a matter of who said or did what when...things like that can get muddy in court when the other side wants it to...
The PDF file a couple of post up is a good read. IMHO, if the complaint is accurate, he did lawfully resist and he did respectfully argue.
He did not actively resist (physically), which I think is your point. He did however absolutely refuse to comply with their illegal demands. To the point he was resisting physically, but it was passive. They did have to drag him out of the automobile. That is resisting in my book. Had he simply informed them they were wrong and then complied, I think he would have no leg to stand on in this suit (IANAL).
He did inform them of the law and argue with them that they were violating several statues and lying to him. This is a fine line. If you just sit there and say nothing, I think you will have less to stand on in court. The "justice" system has put a great deal of the burden on you to enforce your rights. Say nothing but to demand your rights and demand a lawyer. Again, if the complaint is correct, this guy did just that.
He passively resisted through physical means and verbally resisted them with the law and demanded his rights. Bravo. If more citizens behaved like this, LEO abuses would be minimized very quickly. Everyone wins.
You must be ready for the interrogation though. They will lie, they will threaten, they will cause you physical discomfort on purpose. Anything they think they can get away with they will do to try and get you to slip up or agree to something you didn't do just to make them stop. Complying will make it worse. The last incident I posted, which I personally knew of, was a friend who was OCing, over 18, but under 21. He didn't follow these guidelines to a T like the PDF. His interrogation lasted over 3 hours and only ended because he got a phone call out early on in the traffic stop because he thought things were starting to go badly. All it took was for someone else to challenge them and the LE caved instantly. They knew what they were doing was wrong, but until someone outside knew of it and challenged them, they continued. Despite his story being just like this one, he didn't record it, so he can't "prove" anything and he complied which made all of their actions legal. He partially resisted and tried to inform them of the law and demand his rights, but then he caved because of the pressure.
You must stay strong and realize that you are the enemy in these confrontations; you will be treated as such.
Always a good idea to record in Virginia since only one party must know (you): http://www.citmedialaw.org/legal-guide/ ... ording-law
Just make sure you can record with the phone locked so they have to get a warrant to stop the recording...warning, if they find it, they will remove it so it can't record them and then really put the pressure on you if things are going like that PDF.
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as there is always good discussions to pass the time.
