The Flaca

March 2nd, 2010 by Cindy

UPDATE: On Wednesday morning, before I went to work, I stopped by the Cheshire Town Hall. I ran into the Town  Manager and the Police Chief. I asked straight up about the alleged throwdown incident and this ICMA report. The Town Manager told me the ICMA report on the Cheshire Police Department WILL BE RELEASED TO THE PUBLIC ON FRIDAY. Also, the Police Chief told me he is making a statement to the Cheshire Herald about this alleged DWI throwdown incident involving a former Democratic candidate for the Town Council. I believe he also stated the lockup tape will be released to the Meriden Record Journal. He said his officers showed a lot of restraint. Well, hopefully the tape will reveal all of this.

It is times as this that I am glad I did Underground Town Hall and that I was a reporter when I was younger. I don’t care what you think-she wants attention or whatever-I DO WANT ATTENTION AND I HAVE AN EGO-THAT IS NORMAL AND HEALTHY-BUT I FIRMLY BELIEVE IN THE PEOPLES RIGHT TO KNOW. THAT IS WHY DID UTH AND WAS A REPORTER!!

I think all the talk and the publicity especially about this alleged incident at the police station last week forced the town of Cheshire’s hand and I AM HAPPY ABOUT IT. GOOD!! GET IT OUT IN THE OPEN. IF THEY DID NOTHING WRONG-THEY SHOULD NOT HESITATE TO RELEASE THE TAPE AND SPEAK OUT IN PUBLIC ABOUT IT. THE MORE SECRETIVE THEY ARE-THE MORE PEOPLE BECOME SUSPICIOUS.

As you know from my last post, the Meriden Record Journal filed an FOI request to see the lockup tape of the ALLEGED DWI and ALLEGED THROWDOWN INCIDENT. I have also filed a request with FOI. I hope YOU will file one also. I would also like to see this ICMA report before it ends up looking like Swiss cheese.

I was going to go up to the Town Hall before that ICMA meeting started and plant my tape recorder under one of  the seats but then I found out that was considered “eavesdropping” which in Connecticut is a Class D Felony, so I sort of lost interest after that. BUT, if you are out in the PUBLIC  parking lot-I CAN ROLL DOWN MY WINDOW AND LISTEN!!! HE HA!!

I am sure that surveillance tape will do a disappearing act-ten get you one it will now that the powers that run Cheshire know about the FOI request. And as far as the president of the Cheshire Police Union being  SUPPOSEDLY BEING suspended as reported by Tim White who does have more access to info such as this as I do, remember I am just a resident-all I can say: to paraphrase Johnny Cochran: “IF THE DESCRIPTION FITS YOU CAN NOT ACQUIT.

Now some of you wanted to know what “interfering with an officer” means.

Can a Person Be Charged With Resisting or Obstructing a Police Officer Without the Use of Physical Force?

Yes.  Many state laws only indicate that a person may be charged as long as they “resist” or “obstruct” a police officer who is on the job.  As a result, most courts interpret such words broadly, allowing for any type of interference with police work.

How Does a Court Determine if Non-physical Interference Constitutes Resisting or Obstructing a Police Officer?

First, courts will interpret their state laws on resisting or obstructing police officers to determine whether physical force is a requirement for the crime.  In many instances, laws that use words like, “obstruct,” “resist,” “abuse,” “interfere,” or “oppose,” are generally considered to include both physical and non-physical interference.  In other words, unless a state law actually says resisting or obstructing an officer needs physical force, most courts won’t require it.

Second, courts will look into the facts of the case.  Although physical force is the easiest way to show someone was resisting or obstructing a police officer, it’s not the only means of proof.  There are many other ways to resist or obstruct a police officer without having to lay even one finger.  As long as the facts show a good amount of interference with police, it’s still possible to be charged with resisting or obstructing a police officer.

What are Some Examples of Non-physical Interference Charged as Resisting or Obstructing a Police Officer?

The following examples come from actual cases where resisting or obstructing a police officer was found:

  • Questioning an officer’s authority (OMG I DO THIS ALL THE TIME).
  • Giving an officer false information
  • Using profanity directed at an officer
  • Advise or incite others in their dealings with an officer
  • Telling an Officer you are Cindy Kleist.
  • Refusing to accept a parking ticket or speeding citation
  • Asking for an officers name and then  getting slammed to the floor.
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