Quote:
Originally Posted by kane
The thing is they can tell you to do it. Whether you decide to do it or not is up to you. If you are like this woman you end up arrested. The courts will decide if she is really guilty of a crime or not and she will likely sue so we will find out if the cop was guilty of excessive force or not.
If a cop tells you to shut up and you don't, it depends on what you are saying and how you are saying it. If you are just telling him you are innocent or that he has the wrong person etc likely there is nothing he can legally do to you (doesn't mean he still won't try), but if they are searching for someone they think is in the area and they think you are yelling to help that person escape or you are on the phone warning that person then you are interfering with them doing their job and they can arrest you.
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Usually cops will let you run your mouth...as they are used to it and used to dealing the dumb and scum...but you are correct...it does depend on what you are saying and how you are saying it...and it also depends upon the individual cop and/or what kind of mood he is in at the time...whether or not he decides to arrest you for running your mouth/interfering...or non compliance.
The fact is running your mouth and non compliance gives them legal cause to arrest you...and let you tell it to the judge...if the prosecutor does in fact choose to prosecute. It is actually the prosecutor that decides what charges to charge you with and the charges may or may not be what the the arresting officer initially arrested you for. The prosecutor can dismiss all charges...or remove some charges...or add to the charges.