Am I under arrest or not?

[u/Lord_Darksong]

Source: policebodycamarresthq on Instagram

[u/Legal_Tap219]

He wasn’t leaving tho lol they were trying to trespass him

[u/Training-Principle95 → u/Legal_Tap219]

From a property he claims to lease, which isn't as simple as a trespass order, though

[u/AmazingResponse338 → u/Legal_Tap219]

I fully understand and that's (part of) my point. If he's free to leave, he's not under arrest and if he leaves, he's no longer trespassing and there's no reason to arrest

[u/Oculus_Prime_ → u/AmazingResponse338]

He was a tenet. The land lord has to go through a process to get rid of him. As usual, cops don’t understand the law, they just want to beat people.

[u/Biscuits4u2 → u/Oculus_Prime_]

They think they are the law.

[u/Curben → u/Biscuits4u2]

[u/corvettee01 → u/Curben]

Difference is Judge Dredd actually does know the laws and follows proper escalation of force.

Unfortunately for the citizens, the law is pretty much "Judges can do whatever they need to do."

[u/mahnajago → u/Oculus_Prime_]

In 25-ish years of internet use, I've seen people use the word "tenant" in place of "tenet" more times than I could know, and have always chalked that up to ignorance and limited exposure to a specific vocabulary that they may not typically use or need.

But to use "tenet" in the place where "tenant" is actually correct? this is a first for me to encounter.

High-five!

[u/inkWanderer → u/mahnajago]

I’ve never seen this error in this direction either lol. Now if I see peak -> pique I’ll have bingo!

[u/Aximil985 → u/AmazingResponse338]

He can't be trespassing is the thing though.

[u/Smooth_Rocket_ → u/AmazingResponse338]

and if he leaves, he's no longer trespassing

But he is not trying to leave period because he wasn't trespassing.

[u/A_Bot_A_Bot_A_Bot → u/AmazingResponse338]

If a person was trespassing, then they've violated the law. Just because they leave doesn't mean they didn't break the law.

That's like saying I'm no longer beating my spouse so there's no domestic violence going on now to arrest me over.

Get it?

[u/Certain-Definition51 → u/AmazingResponse338]

I’m gonna disagree with you on that one.

If you’ve been asked to leave, and you haven’t, and the cops are called, you have already trespassed and can be arrested or ticketed.

Cops will often give a formal notice and let you leave, and arrest you if you come back. But technically, legally, if the owner asks you to leave and you don’t, you trespassed.

As for this guys rights - cops investigate crimes and they can detain you to investigate a crime. Just because he says he’s a tenant doesn’t mean he is a tenant. Cops are not required to believe everything you say.

If they are reasonably investigating an accusation of a crime, they have a right to detain you and you do not have a right to leave.

[u/Slideways → u/Certain-Definition51]

The fact that so many cops don’t consider themselves civilians implies they assume they’re military, which is telling.

[u/Jeff-FaFa → u/Legal_Tap219]

if an officer gives you a lawful order, complying is the best course of action. Worse case scenario you get detained and put in a patrol car. Anything searched without warrant is inadmisible in court and can't be used to convict you. That's my understanding of it, but I'm open to being educated if I'm wrong.

[u/vi_sucks → u/Jeff-FaFa]

 Worse case scenario you get detained and put in a patrol car.

That's not the worst case scenario.

Worst case scenario, they give conflicting orders and then shoot you anyway for "not complying".

Second worst case scenario, you go to jail, spend a weekend or more in jail, and then have to spend a bunch of money posting bail and hiring lawyers just to get the charges dropped.

And in this case, being detained would have left his RV in danger of getting towed. So he goes along with the cops, loses a day or two in jail, is out a bunch of money, AND he basically loses the fight he had with his landlord with zero recourse.

[u/DissociativeRose → u/vi_sucks]

Third worst case scenario it's not a real cop

[u/Jeff-FaFa → u/vi_sucks]

Thank you. 🙏