Boston Criminal Lawyer Blog
… And, still they continue. Police-involved assaults, no matter which side starts them, generally end the same way.
Law enforcement wins.
Often, it is not even close.
Take the recent case of 29-year old Weymouth resident Stephanie Farley (hereinafter, the “Defendant”) for example.
The Defendant was apparently visiting somebody at 111 Torrey Rd. in Manchester, New Hampshire a weekend Ago. Unfortunately, someone called the authorities to come out and investigate someone allegedly acting “disorderly”. Officers allege that, when they got to the scene, they found the defendant standing outside of the residence.
Well, more than simply “standing”. Police allege that she was acting hysterically and yelling profanities at no one in particular. Officers say they approached her, but that she was uncooperative.
Often that is enough for the situation to escalate.
In this case, the police investigated further and spoke to the resident of the home. He told them that answered the dallegedlygeot Dfendant had knocked, because she claimed she needed help. Once inside, he explained, the Defendant yelled something and immediately fled the house. That was when he contacted police.
The officers claim that when asked to refrain from acting disorderly, the Defendant responded by refusing to become calm and, instead, becoming combative. while being taken into custody, she refused to comply with the handcuffing procedure and allegedly kicked one officer in the leg, and spit on another officer.
Matters were not helped when the officers then found 7 methadone pills and 7 Gabapentin pills.
The Defendant was charged with two counts of simple assault, possession of a controlled drug, disorderly conduct, and resisting arrest/detention.
Attorney Sam’s Take On Police Encounters
We have discussed very often what to do in an encounter with investigating officers.
Simply put, your best bet in not finding yourself behind bars in the near future is to act politely and courtiously. You want to keep the situation as calm as possible. This would be the opposite of trying to out run, out talk or outfight the officers. It takes very little to be charged with a crime like disorderly conduct.. It also does not take very much to find yourself charged with assault and battery. All it takes is an “offensive touching”.
Now, many people do not like this reality. They feel that if a police officer is approaching them and bothering them, it is fair game to advise the officer, in no uncertain terms, that they have no right to do so.
People in this situation have a basic choice to make. Either they can push the appointive you, which, at that time will not lead to anything but an arrest, or, they can be somewhat compliant and maybe get to go home at the end of the day. Challenging the officers can be done at a later place and time with professional guidance.
you can tell by some of the cases mentioned in this blog and the one prior that there is often a reason that police officers aggressively make sure they are “in control of the situation” when they stop someone.. The fact is, they never know what to expect when approaching a scene or a suspect. As many recent cases have shown, violence often erupts
“But, Sam, why should the responsibility to keep the situation calm be on regular citizens instead of professional lot enforcement officers? You know that there are many times that officers approach with a huge attitude and often goad a person into non-cooperatiot “
Yes, unfortunately, I do. I have seen it. However, as described above, there is a choice to be made. You can either engage that officer, matching attitude for attitude, or you can dowhat is your best bet in leaving the confrontation without incident.
Perhaps one day the general population and the police population will find a way to approach each other without antagonism and fear.
Clearly, we are not there yet.
And so, yes. You need to be the responsible and calm one.
For the original stories upon this blog was based, please go to http://www.necn.com/news/new-england/Woman-Allegedly-Kicks-Spits-at-Police–291307951.html
