Arrested for photographing in Henrico

[peter nap]

I thought he was just joking or mocking us. He was serious?

I think so FB...if not, I apologize.

 

[skidmark]

I thought he was just joking or mocking us. He was serious?

If he was joking it was in very bad taste, as some fool following his suggestion, not understanding it was mere humor, could have ended up getting seriously killed (as opposed to merely killed).

If he was mocking us he came to the wrong Commonwealth. We suffer fools, but not in the usual sense of the use of that phrase. It's more like "we make fools suffer".

Absent any indicator of not being serious (emoticon, parenthetical remark or the like) it would be insulting to think he was other than serious. I think there's a rule on OCDO about not insulting other posters.

stay safe.

 

[Repeater]

"False information"

This arrest is problematic. "Court records show that Hammond is facing an Aug. 27 court date in Henrico General District Court for providing false information during a criminal investigation. The crime is a misdemeanor." That was from WWBT.

The statute is § 18.2-460. Obstructing justice; penalty.

However, Virginia law is NOT like federal law. It's legal to lie to a LEO about yourself; the crime is lying to a LEO about another person under investigation:

D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.

User can clarify as required. This is not a 'Martha Stewart' incident.

 

[peter nap]

This arrest is problematic. "Court records show that Hammond is facing an Aug. 27 court date in Henrico General District Court for providing false information during a criminal investigation. The crime is a misdemeanor." That was from WWBT.

The statute is § 18.2-460. Obstructing justice; penalty.

However, Virginia law is NOT like federal law. It's legal to lie to a LEO about yourself; the crime is lying to a LEO about another person under investigation:


User can clarify as required. This is not a 'Martha Stewart' incident.

The video is up and he didn't lie about anything, in fact he said almost nothing. I have a copy of the warrant and it clearly says obstruction of justice.

 

[Fallschirjmäger]

You'd think that someone who's a ""professional"" would know the difference between 'obstruction' and 'non-cooperation'. I thought that lesson had been taught at least 30 years ago when those stinky hippies wouldn't resist arrest, but would just go limp and 'not cooperate'.

If non-cooperation was a crime, then imagine how easy it would be to catch bank robbers and murderers and such, just ask a suspect if he did the crime and if he refuses to answer (because that would be incriminating) then arrest him.

 

[Liberty-or-Death]

Define "properly" please.

Properly ... meaning not falsely, which would be a crime.

 

[Liberty-or-Death]

Are you required to have ID papers on you if you are not performing a licensed activity?

Papers? No. All that is required is providing true and accurate name and birthdate (and/or address/SSN).

 

[Liberty-or-Death]

Isn't that only if the arrest in itself is lawful? In the case of an unlawful arrest the officer is seen as an aggressor and the arrestee has the right to use self defense to resist so long as the force used is reasonable. That might include not identifying themselves and resisting any attempt to force them to do so or to take them into custody?

I don't believe the statute quibbles about the legal quality of the arrest. Just that if arrested, you must properly ID.

 

[Snake6]

Hi guys, just a quick update. Richmond Times Dispatch ran a story on this today, and NBC12 and CBS6 will be running stories on this tonight. After all the media attention the Commonwealth's Attorney now wants to meet with my lawyer on Monday to discuss the case.

I am hoping for a good outcome.

 

[MAC702]

Sounds like you are in the driver's seat. Don't settle too soon, but pay far more attention to your lawyer's advice than to mine.

 

[Grapeshot]

Hi guys, just a quick update. Richmond Times Dispatch ran a story on this today, and NBC12 and CBS6 will be running stories on this tonight. After all the media attention the Commonwealth's Attorney now wants to meet with my lawyer on Monday to discuss the case.

I am hoping for a good outcome.

Link to RTD story:
http://www.richmond.com/news/local/henrico/article_88ab239d-8db2-5b31-aae4-0ec6af4613b7.html

 

[Grapeshot]

The problem is more than one (1) case deep.

Henrico has developed a history that wont wash off if/when this case is marked "settled."

The Henrico CA, Shannon Taylor, implies that she is giving this case a thorough review - that should have been done before the fact, not after. She is trying to CYA.

Elections are just around the corner - IMO she needs to not be reelected.

 

[twoskinsonemanns]

Link to RTD story:
http://www.richmond.com/news/local/henrico/article_88ab239d-8db2-5b31-aae4-0ec6af4613b7.html

I'm glad to to see this actually getting attention.
I sincerely hope a false arrest lawsuit is a viable option.

 

[The Truth]

I hope you receive compensation for the hassle, but most of all I hope that there is some systematic effort to better educate these LEOs on civil rights so that crap like this stops happening.

 

[DeSchaine]

So 5-0 is NOT obligated to protect people, but the CITIZENS that pay their salaries are obligated to follow their every order regardless of the situation? Someone get me my hip waders, the stuff is getting deep.

 

[peter nap]

Make em sweat Snake. Like Grapeshot said, this isn't a new thing for Henrico.

 

[sudden valley gunner]

Maybe that's how you do things in WA, but it certainly is not how we do things here in VA.

We do shows of force in the halls of government and the courtrooms, not in the streets.

That does not mean we do not gather together in groups. It means that our way of educating the public about the legality of OC and that OCing is not a threat to their safety or sanity is to do normal, everyday things while OCing.

Standing around watching a bunch of folks photograph something while pretending to be providing tactical overwatch, especially when we know that nobody is going to unlimber their AR-15 and threaten to shoot any cop that shows up, is - well, shall we just leave it at "less than smart"?

I see even suggesting such as being inflammatory.

stay safe.

 

[peter nap]

I just looked at her reelection page. Looks like she's been doing a little deleting to me.

 

[FBrinson]

I just looked at her reelection page. Looks like she's been doing a little deleting to me.

Deleting her comments or the comments of opposition voices? Just curious

 

[Snake6]

Well it could have been worse. At least they didn't try to make me out to be some crazy libertarian. Note to self: TV isn't my strong suite.