"Annoy" a cop, go to prison

8181 Posts: 58,276
edited June 2013 in A Moving Train
http://www.prisonplanet.com/ny-senate-p ... elony.html

Bill would basically allow police to arrest based on their own subjective impulses

Adan Salazar
Prison Planet.com
June 6, 2013

Lawmakers in New York may have jumped the shark with their latest police protection bill.

New York Senate Bill 2402 would effectively make it a class E felony to “annoy” so-called peace officers.

The bill, in part, reads:

A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.

According to WIVB, Sen. Joe Griffo, one of the original sponsors of the bill, defended it and the all-important police state arguing, “Police officers who risk their lives every day in our cities and on our highways deserve every possible protection, and those who treat them with disrespect, harass them and create situations that can lead to injuries deserve to pay a price for their actions.”

Besides the otherwise lame attempt to justify a bill that in essence gives police free rein to claim physical annoyance, there is no actual explanation given for creating such a bill.

If signed into law, offenders would be subjected to the same penalties as other class E felonies like “placing a false bomb or hazardous substance” in a public place, and “riot in the first degree.” This is the lowest felony charge in New York, but can still carry a penalty of up to 4 years imprisonment, depending on the judge’s decision.

Given the fact that police almost universally disapprove of those who dare film them, little effort is needed to imagine them citing the bill’s content as justification for their arrest of citizen journalists like We Are Change’s Luke Rudkowski, who routinely gets into confrontations with police, or our own intrepid Infowars reporter Dan Bidondi, who it could be argued “harassed” authorities at the Boston Marathon press conferences when they had to physically touch him.

In addition, the bill virtually welcomes and protects police who would provoke citizens into any kind of spat, as, under the vague language of the bill, any physical “harassment” can be deemed unlawful.

RT also noted how questionable laws were increasingly being cited by police in their own defense, noting the example of New York homeowner Emily Good, who was arrested by police in Rochester “while standing in her yard and videotaping police officers who were performing a traffic stop in front of her house.”

“When Good insisted on her right to stand in her yard, she was arrested, handcuffed, and taken away in a police car. She was later charged with obstructing governmental administration.” Police told Good they didn’t feel safe with her standing behind them recording.

Recently we also witnessed a 14-year-old in Florida get slammed to the ground and put in a choke hold for what amounted to little more than throwing police “dehumanizing stares.”

In essence, the bill, if passed, would allow police to arrest according to their own subjective impulses.
81 is now off the air

Off_Air.jpg
Post edited by Unknown User on

Comments

  • BinauralJamBinauralJam Posts: 14,158
    Can we panic now? can we call it a police state yet? NYPD, not exactly known for their tolerance and patience.
  • hedonisthedonist Posts: 24,524
    81 wrote:
    A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.

    In essence, the bill, if passed, would allow police to arrest according to their own subjective impulses.
    Umm, that first part up there strikes me as common sense (maybe with basic courtesy thrown in), no?

    Kinda conflicts with the last part.

    Sure there are some asshole-ish police officers. There are also asshole-ish teachers, lawyers, firefighters, military, etc.

    I don't know why people, police included, aren't simply held accountable for their actions, why a special bill needs to be passed.
  • CosmoCosmo Posts: 12,225
    hedonist wrote:
    81 wrote:
    A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.

    In essence, the bill, if passed, would allow police to arrest according to their own subjective impulses.
    Umm, that first part up there strikes me as common sense (maybe with basic courtesy thrown in), no?

    Kinda conflicts with the last part.

    Sure there are some asshole-ish police officers. There are also asshole-ish teachers, lawyers, firefighters, military, etc.

    I don't know why people, police included, aren't simply held accountable for their actions, why a special bill needs to be passed.
    ...
    I know... isn't it possible for the cop to be the one who initiates the altercation? Can't they bait someone into 'annoying' them, so they can make an arrest?
    It is fucking scary.
    Allen Fieldhouse, home of the 2008 NCAA men's Basketball Champions! Go Jayhawks!
    Hail, Hail!!!
  • badbrainsbadbrains Posts: 10,255
    Can we panic now? can we call it a police state yet? NYPD, not exactly known for their tolerance and patience.

    Yup, we live in a free country that's for sure. :roll:
    Unreal the shit they want to pass.
  • pjhawkspjhawks Posts: 12,529
    umm how is not allowing physical contact with a police officer a bad thing? I don't get the issue here.
  • JimmyVJimmyV Posts: 19,172
    Am I reading this right? Someone is only guilty of this when they make physical contact with a police officer? I understand it says annoy but if the legal standard requires physical contact I don't see this as a dangerous law to have on the books. Who among us expects to make physical contact with a police officer and NOT end up getting arrested?
    ___________________________________________

    "...I changed by not changing at all..."
  • josevolutionjosevolution Posts: 29,575
    JimmyV wrote:
    Am I reading this right? Someone is only guilty of this when they make physical contact with a police officer? I understand it says annoy but if the legal standard requires physical contact I don't see this as a dangerous law to have on the books. Who among us expects to make physical contact with a police officer and NOT end up getting arrested?

    Not me i agree ....
    jesus greets me looks just like me ....
  • MotoDCMotoDC Posts: 947
    JimmyV wrote:
    Am I reading this right? Someone is only guilty of this when they make physical contact with a police officer? I understand it says annoy but if the legal standard requires physical contact I don't see this as a dangerous law to have on the books. Who among us expects to make physical contact with a police officer and NOT end up getting arrested?
    Yup that's precisely what it says. Some people need to work on their reading comp. much ado about nothin here, IMO. Like someone said above, it's odd that we even need this law in the first place. Common sense, no?
  • BinauralJamBinauralJam Posts: 14,158
    MotoDC wrote:
    JimmyV wrote:
    Am I reading this right? Someone is only guilty of this when they make physical contact with a police officer? I understand it says annoy but if the legal standard requires physical contact I don't see this as a dangerous law to have on the books. Who among us expects to make physical contact with a police officer and NOT end up getting arrested?
    Yup that's precisely what it says. Some people need to work on their reading comp. much ado about nothin here, IMO. Like someone said above, it's odd that we even need this law in the first place. Common sense, no?


    I can read just fine, you haven't met many cops, especially the young psycho ones who are going to get within an inch of your face because you didn't respond to their Nazi like bark quick enough. There's common sense and there's reality.
  • pjhawkspjhawks Posts: 12,529
    MotoDC wrote:
    JimmyV wrote:
    Am I reading this right? Someone is only guilty of this when they make physical contact with a police officer? I understand it says annoy but if the legal standard requires physical contact I don't see this as a dangerous law to have on the books. Who among us expects to make physical contact with a police officer and NOT end up getting arrested?
    Yup that's precisely what it says. Some people need to work on their reading comp. much ado about nothin here, IMO. Like someone said above, it's odd that we even need this law in the first place. Common sense, no?


    I can read just fine, you haven't met many cops, especially the young psycho ones who are going to get within an inch of your face because you didn't respond to their Nazi like bark quick enough. There's common sense and there's reality.

    even when dealing with private citizens in the same situation making physical contact can be considered an assault. no difference here.
  • Last-12-ExitLast-12-Exit Posts: 8,661
    I'm not sure that this isn't already a law. Are we allowed to hit a cop now? Can nobody talk to a cop without being an asshole even if the cop instigates? In south Carolina, you get 2 years mandatory for assaulting an on duty fireman.
  • CosmoCosmo Posts: 12,225
    Scenario: There is some sort of event that requires police on site... you are a bystander and are not involved. Things get heated in the scene and you decide to video the action. A cop tells you to quit taping what is going on... it's not against the law to tape in public. The cop rushes towards and yells at you to stop taping... you don't stop and try to reason with him.
    Are you 'annoying' the cop as he is in the course of performing his duty? If so, can he arrest you under the protection of this legislation?
    Allen Fieldhouse, home of the 2008 NCAA men's Basketball Champions! Go Jayhawks!
    Hail, Hail!!!
  • brianluxbrianlux Posts: 42,055
    If the law said something to the effect of not being able to state your opinion or something to that effect I would be a bit alarmed but if it's about making contact well, doing so is just plain stupid. I would never even dream of making contact with a law enforcement agent. I wouldn't even get into an argument with one.

    I had a cop give me a speeding ticket several years ago. He was parked on the side of a road and he hit the lights before I was even with him. I asked how he measured my speed. He said, "It was a visual." I went to court to fight the ticket and told the judge what happened. The cop said, "I've never said that in my life." A lie. But what can you do? I looked at the judge and shrugged my shoulders and rolled my eyes but kept quiet. The judge had to side with the cop but reduced my fee considerably. That's about all you can hope for.
    “The fear of death follows from the fear of life. A man [or woman] who lives fully is prepared to die at any time.”
    Variously credited to Mark Twain or Edward Abbey.













  • CosmoCosmo Posts: 12,225
    brianlux wrote:
    If the law said something to the effect of not being able to state your opinion or something to that effect I would be a bit alarmed but if it's about making contact well, doing so is just plain stupid. I would never even dream of making contact with a law enforcement agent. I wouldn't even get into an argument with one.

    I had a cop give me a speeding ticket several years ago. He was parked on the side of a road and he hit the lights before I was even with him. I asked how he measured my speed. He said, "It was a visual." I went to court to fight the ticket and told the judge what happened. The cop said, "I've never said that in my life." A lie. But what can you do? I looked at the judge and shrugged my shoulders and rolled my eyes but kept quiet. The judge had to side with the cop but reduced my fee considerably. That's about all you can hope for.
    ...
    Brian, I'm with you on this. Mainly because I understand that the person with a taser, nightstick, gun and the power of the badge to autorize their usage... wins. I don't fuck with cops... the same way I don't fuck with rattlesnakes or rip tides.
    But, I have been in situations whereI was instructed by one cop to exit and area going in one direction... only to have another cop tell me to turn around and go the other way. When I tried to explain that I was told to go this way, I got orders shouted at me. Not wanting to get tasered, i followed the instructing til I met up with the first cops. Turns out, the second cop was wrong and i was going the right way... but, there was no fucking way I was goingto argue with him... his taser, nightstick, gun and badge.
    Allen Fieldhouse, home of the 2008 NCAA men's Basketball Champions! Go Jayhawks!
    Hail, Hail!!!
  • hedonisthedonist Posts: 24,524
    Brian and Cos, you both (as usual) make good and common sense points. Sometimes you just have to say OK fine, and give in (note: NOT give up), for your own sake.

    For reason's sake.

    There's been a multiple shooting out here today near and at the Santa Monica college campus. At least three people shot, I believe. Another body just found, all still ongoing, with a (related?) housefire where two people were found dead.

    Watching the police and sheriffs and SWAT people do their thing, I'd have no problem with them dealing with any idiot trying to get in their way of investigating and keeping everyone safe.
  • rollingsrollings Posts: 7,124
    In south Carolina, you get 2 years mandatory for assaulting an on duty fireman.

    I'm just trying to imagine under what possible circumstance would anybody assault an on duty fireman.
    and by on-duty, I take it to mean, in the act of putting out an active fire. :shock: I mean, wow
  • rollingsrollings Posts: 7,124
    81 wrote:
    Bill would basically allow police to arrest based on their own subjective impulses

    A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.

    Mr. 81, your thread title is a bit misleading. and so is your interpretation, I think, ...if that is yours in the first sentence.

    It clearly says if you strike (or kick, or otherwise contact) a cop (with the intent to annoy alarm harass or threaten) then you could be arrested.

    I think they could have said it more directly by simply saying "if you physically contact an officer with malicious intent...."

    but still, the people who wrote the article are misinterpreting it, obviously, no? am I missing something?
  • rollingsrollings Posts: 7,124
    So the bill's language says this,:
    A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN, WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM A PERSON WHOM HE OR SHE KNOWS OR REASONABLY SHOULD KNOW TO BE A POLICE OFFICER OR PEACE OFFICER ENGAGED IN THE COURSE OF PERFORMING HIS OR HER OFFICIAL DUTIES, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT.

    yet the article calls it this:
    a bill that in essence gives police free rein to claim physical annoyance

    wtf?

    no seriously, what am I missing here?
  • PJ_SoulPJ_Soul Posts: 49,958
    The concern absolutely is about anyone who takes photos of or films the police, especially when they're trying to capture some act of police brutality or another abuse of their power. I've seen footage of cops absolutely freaking out on law abiding citizens who are just filming the action in a public place, and they have grabbed and broken their phones in some cases - already totally illegal. Now they could arrest people for it in NY as well? Terrible.
    With all its sham, drudgery, and broken dreams, it is still a beautiful world. Be careful. Strive to be happy. ~ Desiderata
  • brianluxbrianlux Posts: 42,055
    Cosmo wrote:
    brianlux wrote:
    If the law said something to the effect of not being able to state your opinion or something to that effect I would be a bit alarmed but if it's about making contact well, doing so is just plain stupid. I would never even dream of making contact with a law enforcement agent. I wouldn't even get into an argument with one.

    I had a cop give me a speeding ticket several years ago. He was parked on the side of a road and he hit the lights before I was even with him. I asked how he measured my speed. He said, "It was a visual." I went to court to fight the ticket and told the judge what happened. The cop said, "I've never said that in my life." A lie. But what can you do? I looked at the judge and shrugged my shoulders and rolled my eyes but kept quiet. The judge had to side with the cop but reduced my fee considerably. That's about all you can hope for.
    ...
    Brian, I'm with you on this. Mainly because I understand that the person with a taser, nightstick, gun and the power of the badge to autorize their usage... wins. I don't fuck with cops... the same way I don't fuck with rattlesnakes or rip tides.
    But, I have been in situations whereI was instructed by one cop to exit and area going in one direction... only to have another cop tell me to turn around and go the other way. When I tried to explain that I was told to go this way, I got orders shouted at me. Not wanting to get tasered, i followed the instructing til I met up with the first cops. Turns out, the second cop was wrong and i was going the right way... but, there was no fucking way I was goingto argue with him... his taser, nightstick, gun and badge.

    :shock: Oh man, Cosmo! Sounds like a nasty situation. I assume you came through it ok but man, does not sound like fun!

    "(Don't Fuck With) Cops, Rattlesnakes 'n Riptides"... should be a song title, eh?
    “The fear of death follows from the fear of life. A man [or woman] who lives fully is prepared to die at any time.”
    Variously credited to Mark Twain or Edward Abbey.













  • gimmesometruth27gimmesometruth27 Posts: 23,303
    Can we panic now? can we call it a police state yet? NYPD, not exactly known for their tolerance and patience.
    it has been a police state for years. the police are militarized now with armored transports and drones. the same stuff our army has. it is a police state and they will squash people like us like bugs.
    "You can tell the greatness of a man by what makes him angry."  - Lincoln

    "Well, you tell him that I don't talk to suckas."
  • Last-12-ExitLast-12-Exit Posts: 8,661
    rollings wrote:
    In south Carolina, you get 2 years mandatory for assaulting an on duty fireman.

    I'm just trying to imagine under what possible circumstance would anybody assault an on duty fireman.
    and by on-duty, I take it to mean, in the act of putting out an active fire. :shock: I mean, wow

    Its not just putting out fires. We respond to MVA's (including drunk drivers), medical calls, domestic violence calls, and shootings/stabbings. Fireman deal with people in almost everything they do. So, naturally, we run into crazies from time to time.

    That being said, I personally know of several fireman that deserved a good punch in the throat just for being a dick to somebody that didn't deserve it.
  • MotoDCMotoDC Posts: 947
    Wasn't there a story recently about some asshat who set shit on fire and then called 911 just to get targets in the scene? I think firemen have every reason to believe their lives are on the line every time they respond to a call.
  • Last-12-ExitLast-12-Exit Posts: 8,661
    MotoDC wrote:
    Wasn't there a story recently about some asshat who set shit on fire and then called 911 just to get targets in the scene? I think firemen have every reason to believe their lives are on the line every time they respond to a call.
    Yup. It happens more than you think.
  • SOLAT319SOLAT319 Posts: 4,594
    Here are some people who "annoyed"police in Turkiye
    http://worldnews.nbcnews.com/_news/2013 ... y-protests
    I have no patience for bad music and stupid people...

    The whole world will be different soon the whole world will be RELIEVED

    #resistgezi #resistturkey #resisttaksim #direnturkiye #direngezi
    #standingman #duranadam
  • I think maybe some of ya'll are reading this bill the wrong way ...

    here, lets simplify it:

    "A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM [THEM].

    What's the problem with this law?
    I think it is just a restatement of existing harassment \ assault laws PROBABLY for the purposes of redefining "INTENT" and for keeping assholes from getting out of assault charges on officers based on some overly legalistic court room arguments. I'm guessing the main reason for this is the legalism surrounding "INTENT". This new law makes it so that your intent can be simply to "annoy" the cop with your physical harassment, as opposed to having to prove in a court that the assailant's INTENT was to HARM.

    ??? my thoughts. anyhow.
    If I was to smile and I held out my hand
    If I opened it now would you not understand?
  • BinauralJamBinauralJam Posts: 14,158
    I think maybe some of ya'll are reading this bill the wrong way ...

    here, lets simplify it:

    "A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM [THEM].

    What's the problem with this law?
    I think it is just a restatement of existing harassment \ assault laws PROBABLY for the purposes of redefining "INTENT" and for keeping assholes from getting out of assault charges on officers based on some overly legalistic court room arguments. I'm guessing the main reason for this is the legalism surrounding "INTENT". This new law makes it so that your intent can be simply to "annoy" the cop with your physical harassment, as opposed to having to prove in a court that the assailant's INTENT was to HARM.

    ??? my thoughts. anyhow.

    That one word "Annoy" paints a very broad stroke, not like a pissed off cop can't arrest you and make up a story later anyway, but hey now it's legal! Happy Joy Joy, here's a question for all those defending this new law, How oh ever How? did cops ever get by before This? Right? Good thing they're passing this law.
    Ya Fuckin Sheep. :wave:
  • I think maybe some of ya'll are reading this bill the wrong way ...

    here, lets simplify it:

    "A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM [THEM].

    What's the problem with this law?
    I think it is just a restatement of existing harassment \ assault laws PROBABLY for the purposes of redefining "INTENT" and for keeping assholes from getting out of assault charges on officers based on some overly legalistic court room arguments. I'm guessing the main reason for this is the legalism surrounding "INTENT". This new law makes it so that your intent can be simply to "annoy" the cop with your physical harassment, as opposed to having to prove in a court that the assailant's INTENT was to HARM.

    ??? my thoughts. anyhow.

    That one word "Annoy" paints a very broad stroke, not like a pissed off cop can't arrest you and make up a story later anyway, but hey now it's legal! Happy Joy Joy, here's a question for all those defending this new law, How oh ever How? did cops ever get by before This? Right? Good thing they're passing this law.
    Ya Fuckin Sheep. :wave:

    Are you still not getting it?
    DO YOU THINK IT IS OKAY TO "STRIKE, SHOVE OR KICK" A POLICE OFFICER?
    This law is about PHYSICALLY ABUSING AN OFFICER (with the INTENT to "annoy", harass, threaten, or alarm)
    The reason for it is probably because ASSAULT laws require SPECIFIC INTENT (ie. you INTEND TO HARM)... this law is probably so some dumb ass who kicks a cop's leg at a protest, or pushes him at a rally, that dumb ass can now be charged with "aggravated harassment.".


    bahhhhhhhhhhhhhh!
    If I was to smile and I held out my hand
    If I opened it now would you not understand?
  • JimmyVJimmyV Posts: 19,172
    I think maybe some of ya'll are reading this bill the wrong way ...

    here, lets simplify it:

    "A PERSON IS GUILTY OF AGGRAVATED HARASSMENT OF A POLICE OFFICER OR PEACE OFFICER WHEN HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PERSON TO PHYSICAL CONTACT WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM [THEM].

    What's the problem with this law?
    I think it is just a restatement of existing harassment \ assault laws PROBABLY for the purposes of redefining "INTENT" and for keeping assholes from getting out of assault charges on officers based on some overly legalistic court room arguments. I'm guessing the main reason for this is the legalism surrounding "INTENT". This new law makes it so that your intent can be simply to "annoy" the cop with your physical harassment, as opposed to having to prove in a court that the assailant's INTENT was to HARM.

    ??? my thoughts. anyhow.

    That one word "Annoy" paints a very broad stroke, not like a pissed off cop can't arrest you and make up a story later anyway, but hey now it's legal! Happy Joy Joy, here's a question for all those defending this new law, How oh ever How? did cops ever get by before This? Right? Good thing they're passing this law.
    Ya Fuckin Sheep. :wave:

    In this case "Ya Fuckin Sheep" equals people who have actually read and understand the statute.
    ___________________________________________

    "...I changed by not changing at all..."
Sign In or Register to comment.