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  1. #1
    Join Date
    Apr 2018
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    7

    Default Resisting Arrest Charge, Contempt of Cop

    My question involves criminal law for the state of: California

    Sooooo, I was cited for the above charge, misdemeanor. No other charges. The police were outside of my house asking to speak to me and he requested that I come out of my house. I told him no. I ain't talking to you, don't have to talk to you, refused to give my name and to get off my property. Basically, I invoked my constitutional right to not talk, refused to come out of my house, refused to id myself.

    After some discussion and me REFUSING to answer questions, he said I was under arrest. (I was still in my house talking from a bedroom window) I asked him for what? Interfering with a police investigation he answered. He was here for lawn clippings that were dumped in a vacant lot, across the street. We came to an agreement that if the clippings were picked up, the matter would be resolved. As I went outside to address the issue, he rolled up on me and I was cuffed, arrested and transported to jail. I was technically arrested on my property (yard), not in the house. Due to medical conditions I was sent to the hospital and released from there. (Luckily) I was not formerly arrested but issued the above citation and let go from the hospital. Wasn't booked, no mugshot, no fingerprints.

    Basically, I refused to cooperate, refused to answer questions, asked if he had a warrant for my arrest, refused to open the door, knowing full well he didn't have any type of hot pursuit or exigent circumstances to enter my house. I essentially invoked my constitutional rights. Obviously this pissed him off, thus the contempt of cop charge. Yes I was a non compliant citizen, but didn't swear at him, I challenged all his cop BS.

    I am 50+ years old, zero criminal convictions, no dui's, no speeding tickets over 20 years (not that traffic hx is applicable here).

    What are the chances the DA will pick this up? I do have a court date in 2 months, which I will appear.

    Does the old saying that "You can beat the wrap, but you can't beat the ride to jail" apply? Fingers crossed. Can I sue this cop if I prevail? My family members were traumatized (kids) by the event.

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