Re: Unicycle Lady Arrested…update
FROM: Styx River Damn Authority (!spambegone!aDiaboli@antisocial.com)
This is NOT legal advise, but for informational purposes ONLY!!! The devil’s in
the details. You have been forewarned.
- – -- – -- – -- – -- – -- – -- – -- – -- -
Dear Uni, more coffin nails your legal eagles might consider:
Brevity 101 An Introduction
Learned Hand sez:
The law watches personal liberty with vigilance and jealousy; and
whoever imprisons another, in this country, must do it for lawful cause
and in a legal manner.
Pratt v. Hill, 16 Barb. Rep. 303, 308 (N.Y. 1853). – -- – -- – -- – -- – --
Due process of law implies and comprehends the administration of laws
equally applicable to all under established rules which do not violate
fundamental principles of private rights, and in a competent tribunal
possessing jurisdiction of the cause and proceeding upon justice. It is
founded upon the basic principle that every man shall have his day in
court, and the benefit of the general law which proceeds only upon
notice and which hears and considers before judgment is rendered.
State v. Green, 232, S.W.2d 897, 903 (Mo. 1950) – -- – -- – -- – -- – --
It is usually said that not even a peace officer is privileged to make
an arrest without a warrant for a misdemeanor which does not amount to a
breach of the peace, and there are many cases which expressly deny the
privilege to arrest for such a misdemeanor.
“Arrest With and Without a Warrant,” University of Pennsylvania Law Review, Vol.
75, No. 6, April, 1927, p. 486. – -- – -- – -- – -- – -- – -- – --
[T]he common law relating to arrest is the law on that subject in [the
U.S.]. At common law a peace officer may arrest without a warrant for
a breach of the peace committed in his presence, but for no other
misdemeanor.
Galliher v Commonwealth, 161 Va. 1014, 170 S.E. 734, 736 (1933), authorities
cited. – -- – -- – -- – -- – -- – -- – --
A breach of the peace is a public offense done by violence or one
causing or likely to cause an immediate disturbance of public order.
State v. Mobley, 240 N.C. 476, 83 S.E. 2nd 100, 104 (1954) authorities cited. –
Arrest without warrant where a warrant is required, is not due process
of law, and arbitrary or despotic power no man possesses under our
system of government. [So when] a police officer exceeds his powers in
making an arrest he becomes a trespasser... [liable for A & B, false
arrest and imprisonment?]
Muscoe v. Commonwealth, 86 Va. 443, 10 S.E. 534, 536. – -- – -- – -- – -- –
The constitution has also provided that no one shall be deprived of
liberty without due process of law, and has provided that no warrant
shall issue except upon oath or affirmation establishing probable cause.
It has been settled for centuries, and the doctrine has been recognized
here, that except in cases of reasonable belief of treason or felony, or
breach of the peace committed in presence of an officer, there is no due
process of law without a warrant issued by a court or magistrate upon a
proper showing or finding.
Allor v. Wayne Co., 43 Mich. 76, 97, 4 N.W. 492, 495-96 (1880) – -- – -- – --
The plaintiff need not prove that the imprisonment was unlawful or
malicious, but establishes a prima facie case if [s]he proves that [s]he
was imprisoned by the defendant; the onus then lies on the defendant of
proving a justification.
Earl of Halsbury, The Laws of England, Vol. 38, 3rd Ed., Pt. 4 Sec. 1266, p.
765, London, 1962. – -- – -- – -- – -- – -- – -- – --
Where an officer arrests a person without a warrant, the burden rests
upon the officer to plead and prove justification. Otherwise the arrest
is prima facie unlawful.
Evans v. Jorgenson, 182 Minn. 282, 234 N.W. 292, 293 (1931) Cases cited. – --
False imprisonment is treated as a tort and a crime. If the conduct is
unlawful, neither good faith, nor provocation, nor ignorance of the law
is a defense to the person committing the wrong.
Kroeger v. Passmore, 36 Mont. 504, 93 Pac. 805, 807 (1908) – -- – -- – -- –
As is the case of illegal arrests, the officer is bound to know these
fundamental rights and privileges, and must keep within the law at
his peril.
Thiede v. Town of Scandia Valley, 217 Minn. 218, 231, 14 N.W. (2nd) 803, 810
(Ta. 1933); 25 American Law Reports, Annotation, p.1518. – -- – -- – -- – --
– -- – -- – --
As may be obvious to your attorneys, I have done substantial research in this
area and would just be tickled pink to make it available for your benefit. Have
them email me with any questions regarding this hypothesis. Your cop is
definitely “due” a little “process.” } ;->
Ahhh yes!, poetic justice, sweetest of sweets!!! May he who wields the sword, be
impaled upon his own. And the playground, again restored, to good order.
eternally yours, A.D. par in parem imperium non habet
“Mercilessly rending, dolts venal of tongue, revoking four quarters, apt justice
be done!”
– Advocatus Diaboli (eternal)
"You may not be able to change the world, but at least you can embarrass
the guilty."
-- Jessica Mitford (1917-1996)
"Those who can, must!" --Unknown
"Icrasez l'infbme!" --Voltaire (1694-1791)
> In article <1998042604412000.AAA17744@ladder03.news.aol.com>, unilady@aol.com
> (Unilady) wrote:
> >
> >
> > Here’s an article that was written by a columnist on AOL about my recent
> > encounter with the “law.” Got a call yesterday from a lawyer who chairs a
> > committee that provides support for persons exercising their FIrst
Amendment
> > rights in Washington, legal support for demonstrations, rallies,
petitions,
> > protests, and civil disobedience. He is interested in my case. However,
I’m
> > still interested in hearing other opinions, advice, comments…I’ll keep
you
> > updated…and remember it’s not always easy to mime your own business.
> >
> > Universally yours, The Unicycle Lady (http://members.aol.com/unilady/)
> > -------------------
> >
> > ")1998 Dan Halberstein for The Amazing Instant Novelist. Please do not
> > reproduce without this credit."
> >
> > A Mime is a Terrible Thing to Waste By NOVL Red
> >
> > [humourous repartee with Pat Buchanon snipped]
> >
> > Now, this sort of pointless but enjoyable political expression is protected
by
> > the United States constitution. The same is not apparently true of
> > non-political artistic expression.
> >
> > Am I about to launch into an impassioned defense of Maplethorpe’s photos,
or
> > some borderline pornography on the internet, or a college student who
dressed
> > only in cellophane for an art project?
> >
> > No, gentle reader. I write in defense of a mime.
> >
> > To be entirely accurate, Lisa is only sometimes a mime. At other times, she
> > assists in a law firm, and most of her professional contacts know her as
who
> > she IS: “The Unicycle Lady.”
> >
> > At the time of her arrest, however, Lisa was acting specifically in her
> > capacity of Mime. The Unicycle Lady had unfortunately chosen as her miming
> > grounds the space between the U.S. Capitol and the Washington Monument,
better
> > known as The Mall. And as she found out, The Mall is a place for
symbolizing
> > freedoms, not for exercising them.
> >
> > Lisa’s act was going well. A few onlookers had gathered, amused at her
antics.
> > She was getting important performance practice, enjoying the spring
weather,
> > and most significantly, expressing herself in one of her artistic pursuits.
She
> > was between two trees on a sidewalk, not on a thoroughfare blocking any
> > pedestrian or vehicular traffic. She had, however, left her hat momentarily
> > beside her.
> >
> > Up rode the Park Police, that erstwhile force charged with the maintenance
of
> > law and order on the parkland of our nation’s capital. The mounted officer
told
> > her she couldn’t perform on federal land. She pointed to the sidewalk. His
> > horse made a horse-noise at her. She made a horse-noise back. Finally, the
> > officer dismounted, took a quarter from her unfortunately placed hat, and
> > accused her of performing for money.
> >
> > The Unicycle Lady put the hat – which she had neither passed around nor
> > gestured to – back in her juggler’s case, to indicate her willingness to
> > perform for free. The officer continued to harass Lisa, so she presented
her
> > wrists – as if to say “so arrest me!”
> >
> > That’s when the park policeman asked the mime if she could talk. Of course,
she
> > gestured that she could not. When the park policeman refused to leave her
> > alone, despite the protests of onlookers, Lisa broke down and explained
about
> > her rights as a performer, and her obligation to silence, as a performing
mime.
> >
> > “I thought you couldn’t talk,” the park policeman reminded her, and the
cuffs
> > were on.
> >
> > Lisa spent the rest of the day and most of the night in two separate
> > Washington, D.C. jails, where she was fingerprinted and photographed (in
full
> > mime regalia), then thrown in a cell. There, she relieved her stress by
> > contorting for a few hours, pondering her right to free speech and her
right to
> > remain silent, until it was announced that she could not be properly
processed
> > for miming until she was transferred to D.C. Central.
> >
> > When all was said and done, she’d been re-fingerprinted, re-photographed,
and
> > given a court date in June. Then a sympathetic homicide detective gave her
a
> > ride back to park police headquarters, whence she took a cab home.
> >
> > *
> >
> > How do I know all this? The Unicylce Lady told me, at a park by the name of
> > Freedom Plaza. Her friend stopped his juggling when she had concluded her
tale
> > of woe, to tell me he was running for mayor of Washington.
> >
> > “At least I ADMIT I’m a clown,” he stumped. Behind me, another park
policeman
> > had begun the confiscation of a skateboard from a boyish looking 25 year
old
> > woman.
> >
> > “We got drug dealers and real criminals to catch,” he lectured her, "and we
> > have to spend our time chasing after you guys."
> >
> > I would advise her not to take the park police lightly.
> >
> > As they showed in their impressive interrogation of the Unicycle Lady, they
> > have ways of making you talk.
> >
> > Now if I could just get them to have a word with Pat Buchanon.
> >
> > NOVL Red writes from a suburb of Washington, D.C., where taking cash for a
> > political campaign is called protected speech, and taking cash for miming
is
> > equated with prostitution.
> > ================================
> > This link requires internal AOL access, From <A
> > HREF=“aol://4344:3013.perpol.18679496.533003906”>Personal
Politics</
> A>
> > by Dan Halberstein AOL Keyword: NOVL Red
> >
> >
>
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>
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