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Genome's Guide To Getting Away With It


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Genome's Guide to Getting Away With It

 

Hey guys - I had to drop my old account after my name got a little hot, so I'm back under my new handle. Anyhow, I've compiled this little ditty to help with some legal questions concerning Graff and John Q. Law. Hope it helps, and feel free to chip in with any additional information or comments you might have.

 

SECTION 1: SO YOU WANT TO GO OUT ON THE TOWN

You are planning to go out and paint - maybe solo, or maybe with some friends. Here's what you need to ask yourself: Do I trust the people I am painting with? Am I willing to risk getting in trouble with the law, either for my actions or those of my friends? Do I know the applicable laws, and penalties, for any crimes that I might perform tonight? If your answer is yes to all of these questions, then you're ready to pack it up and hit the streets.

 

Your first consideration is what you are bringing with you, and how. First, DO NOT BRING SKETCHBOOKS OR BLACKBOOKS WITH YOU. If you have a sketch you need for reference, carry it with your supplies, on loose-leaf paper. If searched, a blackbook is a full record of every crime you might have committed, witnessed, or planned. It gives police a full record of any aliases you might have, and, if you share your blackbook with others, other writers' aliases and contact information. Plus, if you need to ditch, do you really want to lose all that work? Absolutely not, so leave it at home.

 

Second, do not bring a cellular phone with you, or leave it off the whole time you are going out. I know many of us can't live without our cells, but this is a big no-no. In many places, police departments search cell phones for contact information, SMS messages for evidence of crimes being planned, etc. And you can't risk that somebody could actually message you while the cops are looking at your phone with a message like "Are we still meeting under the causeway to touch up the mural?" I saw one of my very good friends buy himself 300 hours of community service courtesy of the Detroit Police Department by receiving that very message while the cops were questioning him - funny, yes, but also deadly serious. So, again, leave it at home. And if you do bring it with you, password lock it, so the cops can't get in - you are not required to unlock your phone for a detaining officer.

 

Thirdly, don't bring a weapon with you - this is common sense, but I've seen people bring a knife or gun with them anyways. This is just fucking stupid - once the cops (legally) frisk you, if they find a weapon they have the right to search your entire person, including bags, car, etc. Don't give them P.C. - don't pack heat, even if you have a legal carrying permit.

 

Finally, do bring a business card for a lawyer you know, and preferably one associated with the local branch of the ACLU - if you do have a chance to fight back after being arrested, it will probably be because of a breach of your civil liberties and rights. Don't trust a court appointed lawyer who doesn't give a shit about you case - keep your own army of assholes in your back pocket.

 

Your second consideration is what to wear - don't wear Marc Ecko, don't wear clothes that scream "criminal," and don't wear shit with your tags scratched all over it. That's just fucking stupid. If you are standing in front of a throw-up that says "Knack," and you have "Knack" written on your hoodie, you just signed your own arrest warrant. Plain, non-sinister, comfortable dark clothing. Please.

 

Now, here's the most important advice in this whole essay: Put all this shit (except the lawyer's business card) in one bag, and don't keep any caps, pens, markers, cans, masks, gloves, or other supplies in your pockets. Your person is at risk of being legally searched, but with appropriate responses to police inquiry, your bag is not. Anything illegal they find on YOU gives them permission to open up that bag, and then you are fucked three ways from Tuesday. Also, if it's all in one bag, you can ditch your stash much more easily - and probably get it back in one piece later, too.

 

SECTION 2: APPROPRIATE BEHAVIOR BEFORE, DURING, AND AFTER PAINTING

 

Wear gloves, preferably a disposable variety. Paint on hands and clothes is probable cause for a stop, and a personal search.

 

Wrap your cans in a towel or something like that, and don't move when talking to the cops, unless they tell you to. Practice moving in a way that your cans don't rattle in your bag. More than a couple of courts have judged that police can search you and your property if they hear mixing balls bouncing around during a legal stop. So don't let them hear it. Simple.

 

Also, if you think the cops that just drove by saw you, MOVE. Sure, you're probably caught, but at least you won't be caught trespassing on private property when they swing back around. It gives them less right to search you, and gives you more chances to say that you haven't done anything wrong. And don't run from pursuing police unless you really, REALLY think you can make it. If they catch you when you ran, you've just entered a whole new world of ugly. I remember one time I shouldn't have ran and did - I got to spend an hour laying on the opposite side of a bridge pylon in a river in late September waiting for the cops to give up looking for me on the shore, and got to have a nasty cold for a week afterwards. If you run, you get wet, dirty, bloody, hurt, and still probably caught. And when you get caught they have something on you. If you don't run, you're able to weasel your way out of many nasty police encounters. Weigh the costs and benefits carefully.

 

SECTION 3: APPROPRIATE BEHAVIOR DURING POLICE ENCOUNTERS

 

Alright, you got nailed - maybe. Stay cool. DON'T FIDGET, and keep your hands where the cop can see them. No quick movements - the last thing you want is a nervous cop. Don't raise your voice, and answer all pertinent, non-incriminating questions promptly, calmly, and as honestly as will cover your ass. If you have identification on you (probably a good idea) you should present it if so requested by the police officer. Be respectful - the more you act like you have no reason to be upset, angered, or scared by this encounter, the less likely he's going to nail your ass. But don't overplay it, either... just stay calm and collected. If you were stopped in a car, and asked to exit the vehicle, lock it as you exit.

 

If he asks if you are carrying a weapon, or drugs, or "anything I need to know about," tell him no, in as straight-forward a way as you can - "No, officer" works pretty well. If he mentions graffiti, do not use any jargon or lingo that could raise his suspicions. If the police officer continues to question you, or asks to search you or your bag, remember the following phrase - "Am I being placed under arrest?" This is your safety question - if you are not being placed under arrest, you have the right to refuse any searches besides body frisks for the express purpose of finding concealed weapons and identifiable contraband. If the officer states that you are not being arrested (he'll probably add the phrase "at this time" on the end) state that you "do not consent to any searches." It helps to have witnesses when you say this, because uttering this phrase can save your ass in court. If he still insists on searching you, let him - he has the right. If he insists on searching your bag, refuse, stating again that you do not consent to a search of your property. However, do not physically prevent him from taking, opening, or searching your bag. If he does, he just got you off scott-free. And if you try to physically prevent him, you just entered a world of hurt. At this time, remember the following phrase - "Are you placing me under arrest at this time, or am I free to go?" Again, magical words that put a stop, legally, to most police encounters.

SECTION 4: SO YOU GOT SCREWED UP AND GOT ARRESTED

 

Something went wrong, and you just got arrested. Step one - shut the fuck up. Seriously. Don't say a word beyond identifying yourself and your home address. Demand to see your lawyer, the ACLU motherfucker with rabies and a hatred of "The Man," that you have a card for right now in your back pocket if you've listened to me at all. State that you will not answer any questions without your lawyer present.

 

It's time for me to let you in on one of the deep, dark, dirty cop secrets you don't see on Law and Order. The cops don't have to get you a lawyer at this point in many places. And you might not get your one free phone call. What they will do is say "Sure, that's a fine choice, probably best, waiting for your lawyer, we'll leave you alone." Then they will, for a while. And then five hours later they will show up, sans lawyer, and ask if you are ready to talk. Typically idiots will eventually decide with this method that they aren't getting a lawyer no matter what, and will start to talk. DON'T. We all know cops are often lousy and crooked, but don't let them get you talking. And if they promise you leniency for a confession, and you DO want to fess up, get it in writing, or they aren't obligated to give you shit. And they won't. Cops are fuckers.

SO REMEMBER

 

So remember these quick rules:

 

  1. Carry everything you need in a bag, and bring nothing you don't need.
  2. Don't run, and stay cool.
  3. Remember the following phrases - "Am I under arrest?" "I don't consent to any searches" and "Am I free to go?"
  4. Lawyer up and shut up.

 

If you have any questions about specific laws in the United States, feel free to message me or post here. I'm not living in the States any more, but I can probably direct you to someplace or someone who has the answers you need.

-Genome out.

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Thanks Gunm - I know that there have been "Getting Away" threads before, but I just thought it might be helpful to put it all down in one place in one guide. If people throw in some really good advice in the thread, I might edit it into my original post - with the new edit time limit, I'll have to beg an admin to make the changes, though, so we'd have to amass some pretty hefty changes... Thanks for taking the time to read. With luck this thing might get stickied.

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i always run.

Whats to say they wont search you even if they dont have probably cause

and say you authorized the search... even if you didnt. If you are alone its your word against theirs... you are the criminal with paint in his backpack and they are the police.

 

they could ask you to shake your bag. In which case they get their probably cause. Like when you refuse a vehicle search they still request a cainine unit to walk around and smell for narcotics.

It is a benefit risk analysis but they are in the buisness of screwing you... not protecting you or serving you...... rather serving you up.

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i always run.

Whats to say they wont search you even if they dont have probably cause

and say you authorized the search... even if you didnt. If you are alone its your word against theirs... you are the criminal with paint in his backpack and they are the police.

 

they could ask you to shake your bag. In which case they get their probably cause. Like when you refuse a vehicle search they still request a cainine unit to walk around and smell for narcotics.

It is a benefit risk analysis but they are in the buisness of screwing you... not protecting you or serving you...... rather serving you up.

 

I agree that oftentimes cops aren't in the business of protecting your rights - that's why you need to make sure you have the following things going for you -

  1. Try to stay standing in front of the police car - there is typically video evidence automatically recorded in most vehicle and street stops nowadays in the United States, which you can have your lawyer subpoena for court presentation.
  2. Try to have witnesses nearby when talking with the police - if you can get some rubberneckers to stick around while you have your little chat, they oftentimes will be a little more careful about observing your rights.
  3. Remember that while the cops might not recognise or protect your rights during a stop, in court the burden of proof is on them, not you, and most judges are quick to dismiss a case rather than risk public coverage of police and the courts subverting citizens' rights.
  4. If they ask you to shake your bag, you have the right to refuse, the same as any other kind of search. Without a warrant or probable cause, anything they can not see, hear, or smell without forced action or police interaction is inadmissable.
  5. Contrary to popular belief, drug-sniffing dogs must follow the same rules for search and seizure, and probable cause, as any other type of search.
  6. Common sense dictates that you shouldn't go out painting with illegal drugs or alcohol on your person (or in your person.) It just puts you at more risk, and gives the cops one more way to fuck you.
  7. And don't shit where you eat - put up tags no closer to your pad than 3 blocks in any direction. And don't surround your house in every direction with pieces, either. Cops, contrary to popular belief, aren't stupid. If they see that there is a serious upspike in the use of a certain tag in a certain area, they know that's where you are based out of. I always take the Bahn up the way into the next town for most of my major work. As far as the cops around here know, I work out of Hamburg.
  8. Always be paranoid, and never think that just because you haven't seen cops in the area before, there won't be one this time around.

 

Lots of the younger pups on this forum make statements to the tune of "I was just minding my own business, and legally refused a search, and the cop beat me up/boxed my ears/gave me shit." Yes, this does happen, but more than a few times this claim by the "victim" leaves out the part where he swore at police, threatened or insulted them, or did not comply with simple requests. Keep it courteous and they'll usually keep it courteous, too.

 

It's important to remember that most cops are decent people, and we are criminals at odds with them. Most cops have more important things to do than bust vandals and writers - when they come into a confrontation with an urban youth in baggy clothing, they are probably just as afraid that they are about to take a bullet from a gangbanger as you are that they are going to nail your ass to the curb. If you treat them like enemies, they will treat you like a threat. If you treat them like civic servants doing their job, they will often show you more leniency and consideration, and will quite possibly be quicker to let you off without a search, arrest, or even a warning. Keep your cool, and it works more smoothly for everyone involved.

 

I'm not saying that you will get away without charges every time if you follow my advice, but you will drastically lower the chances of a conviction when you do eventually get to court. Remember, the legal system fears getting lambasted by civil liberties groups in the public eye, and are quicker to let a little bit of vandalism go unpunished rather than finding themselves on the six o'clock news. You do this shit long enough, you will get caught, 100% guarantee. All of us that have made a life of this have ended up on the wrong side of the law eventually - nobody is bulletproof, so to speak. The best thing you can do is prepare yourself for the eventuality, instead of saying shit like "I never get caught," and "Fuck da po-lice!"

 

ALSO NOTE: In some state and city laws it is illegal to even carry what are considered "Graffiti Instruments." Use the web to find out what the laws are for graffiti in your area before you go painting.

 

Sometimes, the best defense is just a good defense.

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"we recieved a call"

i've heard almost every time i got pulled over, just walking home at night or comming from a mission. it's a loophole for the cops to search you. with this supposed call they have probable cause to search you.

 

Contrary to what the police tell you, "we received a call" or "people say they saw you..." do NOT constitute probable cause. Still do not admit to anything and refuse searches. Only if the witness is there, with police, to identify you, can you be searched under P.C. in these conditions. Sometimes the cops will, however, have the witnesses (if they actually exist, which is a big "if,") come out and identify you. If this happens, you are going to be screwed out of your search rights a lot more easily. Sorry.

 

Also, Xeno just PM'd me to get some information on laws in his area, and asked me a good question that I'll post here. He asked if he should obtain his lawyer before he goes up, and how to do so. YES, YES, and FOR GOD'S SAKE YES. Get your lawyer ahead of time. The cops run on the assumption that you aren't prepared for your run-in with the law, so by all means be prepared. Most lawyers in America in the Graff artist's price range will offer a free consultation - go meet with one, acquire a card, learn about rates, and what he can do for you. Just pick up your phonebook, and find the first lawyer that isn't personal injury and doesn't have an office shared with a bailbondsman.

 

Or, go to your local branch of the ACLU for help - while they won't give you a lawyer in most cases (their resources are strained most of the time) they WILL tell you who a good criminal lawyer is who cares about your 4th and 5th amendment rights. When you see that lawyer, tell him that the ACLU highly recommended him - you know, rub his feet a little, so to speak... and get on his good side. You want a lawyer you like, and one who respects you. Do your homework on the laws in your area, and be prepared to deal with the possibility that you will be on the other side of them very soon.

 

Like I said in my first post, sometimes the best defense is just a good defense.

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good info. everytime ive been cuaght by police was when i was with sumone else, so you need to know you trust the person. geting poped trying to show a toy how not to get drips isnt worth the fine. nowadays im all about solo missions its easier to hit spots without blowing it up. but if its a hot spot juss get one of your boys that dosnt even paint to watch your back.

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Or, go to your local branch of the ACLU for help - while they won't give you a lawyer in most cases (their resources are strained most of the time) they WILL tell you who a good criminal lawyer is who cares about your 4th and 5th amendment rights. When you see that lawyer, tell him that the ACLU highly recommended him - you know, rub his feet a little, so to speak... and get on his good side. You want a lawyer you like, and one who respects you. Do your homework on the laws in your area, and be prepared to deal with the possibility that you will be on the other side of them very soon.

What do you say to that lawyer though? Maybe I’m crazy but, you can't walk in and tell him you're into art and expect him not to burn you, can you?

I'll share my paranoia for you all. Treat this shit like a bank robbery. If you're painting, or whatever, with friends you'd better be POSITIVE that they won't roll over. Don't paint with anyone that's not willing to spend at least 1 night in the clink. Scout the area for weeks before you make a move, and if something strange happens then abandon your mission. Abort that shit if anything out of the ordinary happens, you'll know if it's weird because you scouted. Ultra-paranoia is safeanoia in my book.

You don't really know the quality of a friend until they're offered freedom for your name.

Finally; Walkie-talkies are an awesome tool, test them before you start, and paint in relative comfort.

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I agree that oftentimes cops aren't in the business of protecting your rights - that's why you need to make sure you have the following things going for you -

  1. Try to stay standing in front of the police car - there is typically video evidence automatically recorded in most vehicle and street stops nowadays in the United States, which you can have your lawyer subpoena for court presentation.
  2. Try to have witnesses nearby when talking with the police - if you can get some rubberneckers to stick around while you have your little chat, they oftentimes will be a little more careful about observing your rights.
  3. Remember that while the cops might not recognise or protect your rights during a stop, in court the burden of proof is on them, not you, and most judges are quick to dismiss a case rather than risk public coverage of police and the courts subverting citizens' rights.
  4. If they ask you to shake your bag, you have the right to refuse, the same as any other kind of search. Without a warrant or probable cause, anything they can not see, hear, or smell without forced action or police interaction is inadmissable.
  5. Contrary to popular belief, drug-sniffing dogs must follow the same rules for search and seizure, and probable cause, as any other type of search.
  6. Common sense dictates that you shouldn't go out painting with illegal drugs or alcohol on your person (or in your person.) It just puts you at more risk, and gives the cops one more way to fuck you.
  7. And don't shit where you eat - put up tags no closer to your pad than 3 blocks in any direction. And don't surround your house in every direction with pieces, either. Cops, contrary to popular belief, aren't stupid. If they see that there is a serious upspike in the use of a certain tag in a certain area, they know that's where you are based out of. I always take the Bahn up the way into the next town for most of my major work. As far as the cops around here know, I work out of Hamburg.
  8. Always be paranoid, and never think that just because you haven't seen cops in the area before, there won't be one this time around.

 

Lots of the younger pups on this forum make statements to the tune of "I was just minding my own business, and legally refused a search, and the cop beat me up/boxed my ears/gave me shit." Yes, this does happen, but more than a few times this claim by the "victim" leaves out the part where he swore at police, threatened or insulted them, or did not comply with simple requests. Keep it courteous and they'll usually keep it courteous, too.

 

It's important to remember that most cops are decent people, and we are criminals at odds with them. Most cops have more important things to do than bust vandals and writers - when they come into a confrontation with an urban youth in baggy clothing, they are probably just as afraid that they are about to take a bullet from a gangbanger as you are that they are going to nail your ass to the curb. If you treat them like enemies, they will treat you like a threat. If you treat them like civic servants doing their job, they will often show you more leniency and consideration, and will quite possibly be quicker to let you off without a search, arrest, or even a warning. Keep your cool, and it works more smoothly for everyone involved.

 

I'm not saying that you will get away without charges every time if you follow my advice, but you will drastically lower the chances of a conviction when you do eventually get to court. Remember, the legal system fears getting lambasted by civil liberties groups in the public eye, and are quicker to let a little bit of vandalism go unpunished rather than finding themselves on the six o'clock news. You do this shit long enough, you will get caught, 100% guarantee. All of us that have made a life of this have ended up on the wrong side of the law eventually - nobody is bulletproof, so to speak. The best thing you can do is prepare yourself for the eventuality, instead of saying shit like "I never get caught," and "Fuck da po-lice!"

 

ALSO NOTE: In some state and city laws it is illegal to even carry what are considered "Graffiti Instruments." Use the web to find out what the laws are for graffiti in your area before you go painting.

 

Sometimes, the best defense is just a good defense.

 

Yep-remember it's not a cops job to be nice to you, and if you have the 'fuk authority maaan' attitude, they'll give you back just the same, often worse since their the ones with the power. And really, most cops could give a fuck about graffiti-they're after much bigger fish than a bunch of dumb kids with spraypaint. But then again, it could be your unlucky day and you run into a cop who hates "taggers", or even worse a cop that works on your cities vandal squad. Now you're dealing with a cop who has a much better understanding of the game than a regular patrol officer who may not realize what you really are doing.

 

Basically, it pays to be paranoid because being paranoid can mean another day walking free. I'd much rather have that assurance than constantly looking over my shoulder, worrying.

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also, a few thoughts on not getting the cops called:

even the most public spot, such as a highway spot, etc., if you go at the right time, should have gaps of time when there's hopefully no one or at least less people that can see what you're doing. i know you saw the guy on State Your Name go straight through his throw up, but particularly if you live in an area with little to no graffiti if people notice you you very well may get the cops called on you. if you play it cool and take your time when in crazy public spots you can make it without the court costs.

 

and wear as normal of clothes as possible. and if you can't blend in downtown at 3 o' clock in the morning, find a time period where you can fit in. in my opinion, leave the bandana, your army gear, and your platinum grill at home.

 

great thread, genome>

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Word up, this thread is the best I've read so far...good lookin.

 

But what happens if you meet up with a lawyer and he wants to know what he expects to have to defend you from. If you tell him graffiti...

 

Wait, can lawyers give information to the police, or are they on some shit like, "Dr/patent confidentally"?

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Guest spectr

and wear as normal of clothes as possible. and if you can't blend in downtown at 3 o' clock in the morning, find a time period where you can fit in. in my opinion, leave the bandana, your army gear, and your platinum grill at home.

 

great thread, genome>

 

how the fuck you gonna do some ill graffiti bombing without your platinum grill though....

 

I think most kids miss the fact that writers are supposed to be like ninjas... we got some secret identity type shit going on...

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Don't say a word beyond identifying yourself and your home address

 

ummmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm......no

 

okay, i admire the fact u put effort into it. well done with it. it "pretty much" covered everthing before youve fucked yourself up with cops. although i really wouldnt give them my name and adress that easily. Try and have contact with somone you know first, like you family or friend that could help you out, and possibly even move your gear from that premessis if needed.

 

here is a more extensive guide for anyone who is interested. Alot more indepth, and covers the whole court aspect aswell.

http://www.a2planet.com/guide/work/index-revc.htm

http://www.a2planet.com/guide/work/index-revc.html#4 <-----thats the section its in. you could just scroll down otherwise.

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Word up, this thread is the best I've read so far...good lookin.

 

But what happens if you meet up with a lawyer and he wants to know what he expects to have to defend you from. If you tell him graffiti...

 

Wait, can lawyers give information to the police, or are they on some shit like, "Dr/patent confidentally"?

 

yes. they have to have a confidentiality agreement. otherwise they wouldnt be your lawyer.

 

imagine all those murderers. their lawyers obviously have confidentiality otherwise they'd be running around saying. HE DID IT, HE DID IT

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It's so important that you don't cop an additude with a police officer. That just gives them more reason to pin you.

 

The one time I've been caught, I got off without a citation just by basically saying "sir" at every given moment, and in fact, helping the officer (through the trees by the bridge).

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agree with all except your part on running. fuckin run man, ive blatted it 95% of the time form security, cops, random heros, and so what if you have to stay in one muggy wet place for an hour, ive done that too, on many a occasion, just be on to it

 

Like I said, you have to decide for yourself whether you can run. My advice isn't run/don't run - there are too many idiots on the forums saying shit like "Fuck, man, you always run." You bring the tools for the job, you know your exits, and you stay paranoid - but when the shit hits, you also need to be able to judge for yourself, and quickly, whether running is the best option in that particular situation.

 

In graff, like any other crime, there are no certainties, and no die-hard rules... you have to be willing to adapt to the situation at a moment's notice. I know a couple of people have posted stuff up on this thread that contradicts what I've said, and that's totally cool - I'm glad to give the new kids a chance to consider many different perspectives. All I'm saying for certain is that you need to be able to decide for yourself what the best course of action is, and it helps to know your options.

 

Let's keep up the good discussion, guys - I'd love to see this thread maybe get stickied for a while, which might just happen if we pay enough attention to developing and improving it.

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I got one thing to add on the running part....

 

Please don't all run together... no seriously.. split the fuck up...

A few years ago I was out with some rookies.. we got rolled on by this cop. so we book it... I find this nice cozy spot to hide at for a few minutes figuring I can lay low... when these 2 kids come running right up to my spot with the cop not far behind them... needless to say I wasn't to fucking thrilled... now heres why...

1. the cop saw the area they ran to, meaning the cop knew where we were hiding and all he would have had to do is wait for backup to show up to bust us...

2. we were all in the same place, making it easier for the cop to bust all 3 of us...

3. I had legal issues with the VS already and certainly didn't want to end up having another conversation with them...

 

needless to say I had to school these kids on how to run... we ended up ditching that spot.. and getting away since the cop was to fucking fat to get out his car and chase us...

but seriously kids.. if you got to run split the fuck up... don't make it easier for them to catch you by sticking together...

have a spot in the area you can meet up at if you have to run.. some all night diner or pizza place.. or some shit...

 

oh yeah one more thing to add... if you are running and there is no chance of you getting away, its best to just stop running and get on the ground... I know a couple kids who have gotten hit with assaulting an officer from getting tackled and just instinctualy fighting back...

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