HERESY said:
Can you show me what penal code/law which states one MUST sign a ticket? I've come across no such LAW that states a person is REQUIRED to sign a ticket. I've come across something which states the police are to ask a person to sign a ticket. As long as the officer has asked you to sign it the ticket has been served. From what I've currently been reading the ONLY thing required on a ticket is the OFFENSE and the PRESENCE of your name. So no refusing to sign a ticket is NOT a crime (from what I've read). She commited TWO crimes. Speeding and resisting arrest.
If it were a "crime" to not sign the ticket why wasn't she convicted on that? If it were a "crime" why did they call HQ and ask a superior on what to do? Should you sign a ticket? YES. Are you required to sign a ticket? No but refusing to sign one will most likely land you in jail.
Ok, we'll go with what you're saying. The officers were citing the lady with violating the law, her signature acts as bail on OR. She refused to sign which is ground for being taken into custody at that time. She WAS convicted of disobeying a police officer by not signing the ticket. No, you're not required to sign a ticket, but you're also not required to show up in court. Either way, she was going to jail and she knew it.
HERESY said:
It doesn't matter if they were EXTREMELY kind to this lady and offering her parting gifts. They used excessive force. They could have used methods besides physical force.
I'm just saying that the excessive force didn't come until her continuing refusal to sign the ticket and her resisting arrest. I doubt they could have used other methods besides PHYSICAL force because she refused to exit the vehicle and she had her hands firmly gripped on the steering wheel. They can't arrest her unless she's OUT of the vehicle so they had to use some sort of physical force.
HERESY said:
It wasn't "illegal". Can you provide me with some sort of penal code/law number which states something to the effect of "if you don't sign you go to jail"? If she did NOT sign and were taken to jail what crime would she be charged with? When an officer issues you a ticket you're being charged with a violation of THAT law. Refusing to sign the ticket and acknowledge that you will appear will result in you being taken into custody for THAT crime. Do you understand the difference? Basically it's a "we don't know if you'll show up so we'll take you in now" type of deal. A person is free to not sign the ticket just like a police officer is free to take you into custody for refusal.
She was charged and CONVICTED of failure to obey a police officer's order. It's in the article. I know she was charged with violating the law: speeding. Signing the ticket acts as bail on OR which she refused to do. Therefore, she was placed under arrest and resisted arrest. She WAS convicted for not signing the ticket, she wasn't convicted for resisting arrest.
HERESY said:
It's obvious that the officers were not trained well because they had to radio HQ and get instructions on what to do. They had no choice but to arrest her? How so? Once again what law REQUIRES an officer to take you into custody for refusing to sign a ticket? If the officers are in a position of authority why not demonstrate it in proper fashion? Was her NOT signing a ticket so important that they used that kind of force? No. Take the keys from her or impound the vehicle with her in it if she refuses to leave the vehicle. They had options lol@"no choice". They could have simply gave her a warning ("cut your speed down lady") OR let her take the ticket (which she said she would do), perform a follow up and issue a warrant for her arrest if she did NOT show to court.
They had to call on their supervisor to get authorization to place her under arrest. They had no choice but to arrest her because she refused to sign the ticket bro. How can they take the keys from her when they're still in the ignition? COULD they have towed and impounded the car while she occupied it? Im not familiar with traffic law, I'm pretty sure it varies from city to city, but I'm also pretty sure that you cannot tow an occupied vehicle. Sure, they could have issued a warning, but they weren't required to. The fact of the matter is she was RESISTING arrest and refused to exit the vehicle. At that point they had NO CHOICE. They had already authorized her arrest, so giving her a warning after she's placed under arrest doesn't make much sense. They couldn't let her take the ticket without signing because once she didn't sign they were authorized to place her under arrest. Which she RESISTED. The only point I can agree is that the force they used was EXCESSIVE; however, it took them FOUR times before they could get her to comply.
HERESY said:
As far as I'm concerned police officers are in a position of authority and should handle the position with respect and dignity. Failure to do so resulted in use of excessive force which also placed her child and unborn fetus at risk. Yes you're correct it was "over nothing" so if it was over nothing and you see the person is not cooperating why not handle it another way? Yes she should have used better judgement but what about the officers as peace keepers? Why should they not have taken her children into account?
Her failure to simply cooperate with police he gave her an incredible amount of chances is what resulted in the excessive force which placed her child and unborn fetus at risk. I agree that the police officers should have taken her children into account and even stated that I feel they used excessive force. However, a lot of the blame lies on her because she could have handled the situation a LOT better. Namely, she should have simply signed the ticket and moved on with her life. She MADE herself the victim.
HERESY said:
All they had to do was take the keys and impound the vehicle or let her take the ticket and issue a warrant if she didn't show up to court. SIMPLE.
They tried to remove her from the vehicle, she resisted. As far as I know they weren't able to impound the vehicle while it was occupied. Once she refused to sign the ticket they had every right to arrest her. Her signature acts as "bail" and she refused. Therefore, she was placed under arrest. As soon as she was placed under arrest, all she had to do was get out and go to jail. They gave her many chances to take the ticket, and many chances to avoid the taser. She failed to cooperate. Once again, all she had to do was take the ticket, go about her business, pay the fine or fight in court. SIMPLE
HERESY said:
I agree but both parties had a hand in this.
That's what I'm saying. She isn't blameless in the situation.
HERESY said:
Now since you quoted me and chose to reply I will once again ask questions that were unanswered.
1. Could the officers have used any other methods LOGIC/REASON or pepper spray to subdue her? Could they have impounded/towed the car with her in it?
2. At any time did the officers notify her of her "arrest"? She DID say she WOULD take the ticket. Could they have used better judgement, gave her the ticket and do a follow up?
1. I thought I answered when I said they should have used force aside from using the taser. As far as impounding the car while it's occupied, I think that's unlawful. Do you know that it's lawful to impound an occupied vehicle in the city of Seattle? If not, then as far as this argument is concerned: no.
2. The article states that the supervisor authorized her arrest and the men warned her if she didn't comply she would be tasered. In fact, she was tasered three times and continued to resist arrest. It wasn't until the fourth time that she was finally arrested. She couldn't TAKE the ticket without signing it. Ok fine, she is FREE to NOT sign it, but not signing it is grounds for her arrest. Do you understand? Her signature acts as bail on OR and by refusing to sign she's giving up her freedom. You can say that she's "FREE" to not sign all you want, but by exercising this "freeom" she gave up her freedom. So once again the answer is no.