Homeowner had 'a right to resist' Edited to add more info

[Armour666 0]

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070314/NEWS/703140547

This is an important rulling that show people still have right in here own house eaven if it dealing with the police. I hope the Courts here in Canada take notice of this.

Edited for additional links there is a lot more to this storry then the firs one that puts much more information on the intional event.

Traffic stop two years previous when a an ofice made an mistake an the guy was pepered sprayed and hit with baton"

http://shedit.us.publicus.com/apps/pbcs.dll/article?AID=/20061206/NEWS/612060472/-1/xml

"But a judge dismissed Coffin's misdemeanor resisting arrest charge Tuesday, saying the deputies weren't even supposed to be serving the injunction or entering her garage.

That's because Coffin's husband, John, had been served with the civil papers five days earlier in Charlotte County. And the deputies did not have a search warrant or arrest warrant allowing them to enter the Coffins' house.

Cynthia Coffin's attorney, Derek Byrd, said it would have taken deputies about a minute to check whether the injunction -- a restraining order that was part of a landlord-tenant dispute -- had already been served."

http://shedit.us.publicus.com/apps/pbcs.dll/article?AID=/20060428/COLUMNIST36/604280446/1053/NEWS0103

"Anyway, when the deputy came to their door to serve the order, Coffin and his wife, Cynthia, were apparently wary. Two years ago, he had had a flukish and traumatic run-in with a Manatee County deputy. That deputy had misread their car tag and mistakenly suspected Coffin was up to no good and perhaps dangerous.

That mistake led to Coffin being pepper sprayed and clubbed in his sister's yard, and then arrested. The charges were dropped, but the experience upset Coffin so much that he filed a federal lawsuit."

"Cynthia, through lawyer Derek Byrd, says she didn't like it when she saw Lutz peering through a window. The arrest report says she ignored Lutz's further knocks and started closing blinds and locking doors, "thereby obstructing his lawful duties," according to the Sheriff's Office."

"By then, another deputy had arrived. When Cynthia Coffin came out to her garage to complain, the deputies threatened her with arrest if there was "further resistance," the report says.

When she turned to walk away, "the deputies feared she was going to enter the residence and lock the door," according to the report, and so, "to avoid further obstruction" they "grabbed her arms to place her under arrest."

More about the Two Cops and their reactions

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070316/COLUMNIST36/703160622/-1/xml[url]


"They used a technique that Cynthia says took her arm out of its socket and put her on the floor. She screamed. Her husband, who also has no criminal record, and was wearing only a T-shirt and underwear, hurried out to help her.

That resulted in a melee. Brandau Tasered John Coffin twice, but he still managed to wrestle the Taser from her and push and lock her out of the house.

Lutz, who needed six stitches on his head after being clubbed with the Taser, said he passed out briefly but then arrested the couple at gunpoint.

It was awful for them all. In court, Lutz said he has had memory problems. Brandau described sleepless nights, and tearfully and angrily urged a prison sentence for John Coffin. She said she had feared for her life and would have shot him had she been able."

Judge David Denkin recently threw out the "obstructing officers" charge against Cynthia, for obvious reasons: Her arrest was absurd. She had no obligation to help serve civil papers, or allow the deputies in. Any process server must know that.

Brandau still wanted prison for Coffin on the one remaining charge: taking the Taser from her.

The judge said no. Coffin took that Taser because it was being used on him as he fended off an illegal arrest by intruders.

I wish Brandau and Lutz would show a little sign that they get that. But Brandau only slammed the justice system. Neither deputy acknowledged acting wrongly.

SO this one time at band camp.....

"Of all the things I've lost I miss my mind the most."

[GQ_jumper 4]

Kind of an awkward sequence of events all around, have you found anymore articles that explain the situation a little better?

History does not long entrust the care of freedom to the weak or the timid.
--Dwight D. Eisenhower

[akarunway 1]

Quote

http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070314/NEWS/703140547

This is an important rulling that show people still have right in here own house eaven if it dealing with the police. I hope the Courts here in Canada take notice of this.

Good on the judge. We need more like him. Alas. I'm sure te Bush administration will want his job now.

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[Andy_Copland 0]

Funny you post this, with all this talk of rights in here i was looking for some info and found this.

Debate yourself whether its helping the criminals or not. Personally i thought it was a very interesting little video.

http://www.youtube.com/watch?v=yqMjMPlXzdA

1338

People aint made of nothin' but water and shit.

Until morale improves, the beatings will continue.

[akarunway 1]

where's the repost police when ya need em?

I hold it true, whate'er befall;
I feel it, when I sorrow most;
'Tis better to have loved and lost
Than never to have loved at all.

[Andy_Copland 0]

Bah! What are my rights against the repost police though?

1338

People aint made of nothin' but water and shit.

Until morale improves, the beatings will continue.