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	<title>Comments on: COP &#8220;I&#8217;ll break your arm like a twig&#8221;</title>
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	<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/</link>
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		<title>By: Burns!</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9120</link>
		<dc:creator>Burns!</dc:creator>
		<pubDate>Sun, 04 Oct 2009 18:57:48 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9120</guid>
		<description>Just a brief clarification: (IANAL, but worked in criminal defense.) Contrary to what is portrayed on Law &amp; Order and other cop shows, the reading of the Miranda warning is not a requirement for arrest the moment the cuffs are put on. That warning relates to statements the defendant makes that may later be introduced in court, so the warning should be read before any questioning. Otherwise, the defense attorney says, &quot;My client was not aware that he wasn&#039;t required to answer any questions,&quot; and the judge strikes any statements made prior to the warning. In many cases the warning is never read to the person being arrested; not reading the warning doesn&#039;t invalidate the arrest.

Given that the officer in this case personally witnessed (and would testify to) the events that led to arrest, he probably wasn&#039;t planning on any interrogation (he didn&#039;t need the kid&#039;s statements to fill in any details,) thus no Miranda warning required.</description>
		<content:encoded><![CDATA[<p>Just a brief clarification: (IANAL, but worked in criminal defense.) Contrary to what is portrayed on Law &amp; Order and other cop shows, the reading of the Miranda warning is not a requirement for arrest the moment the cuffs are put on. That warning relates to statements the defendant makes that may later be introduced in court, so the warning should be read before any questioning. Otherwise, the defense attorney says, &#8220;My client was not aware that he wasn&#8217;t required to answer any questions,&#8221; and the judge strikes any statements made prior to the warning. In many cases the warning is never read to the person being arrested; not reading the warning doesn&#8217;t invalidate the arrest.</p>
<p>Given that the officer in this case personally witnessed (and would testify to) the events that led to arrest, he probably wasn&#8217;t planning on any interrogation (he didn&#8217;t need the kid&#8217;s statements to fill in any details,) thus no Miranda warning required.</p>
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		<title>By: suckit</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9119</link>
		<dc:creator>suckit</dc:creator>
		<pubDate>Sun, 04 Oct 2009 14:05:40 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9119</guid>
		<description>First of all, I don&#039;t think all cops are pricks. In fact, this guy is the exception. But at the same time, he doesn&#039;t know the law, hes on a power trip he assaults and threatens a citizen and doesn&#039;t read him his Miranda rights. All of that should be reason for this cop to be sued and have his reputation destroyed because that what he deserves. 

The kid was not wrong at all. We have this thing called free speech people and if you don&#039;t know what that is you should probably check it out. He aggravated a person who just so happened to be a police officer, and this officer Schwab was happy to just go a head and assault and arrest a kid to get his monthly bonus. He was just on another power trip.

I think that this cop is a total dick head, not all cops. If something isn&#039;t done in retaliation by the kid arrested then he has just fallen subject to another bully. 

Honestly I just want to swear and swear at that cop, but I know that wont do me any good on here hahah.</description>
		<content:encoded><![CDATA[<p>First of all, I don&#8217;t think all cops are pricks. In fact, this guy is the exception. But at the same time, he doesn&#8217;t know the law, hes on a power trip he assaults and threatens a citizen and doesn&#8217;t read him his Miranda rights. All of that should be reason for this cop to be sued and have his reputation destroyed because that what he deserves. </p>
<p>The kid was not wrong at all. We have this thing called free speech people and if you don&#8217;t know what that is you should probably check it out. He aggravated a person who just so happened to be a police officer, and this officer Schwab was happy to just go a head and assault and arrest a kid to get his monthly bonus. He was just on another power trip.</p>
<p>I think that this cop is a total dick head, not all cops. If something isn&#8217;t done in retaliation by the kid arrested then he has just fallen subject to another bully. </p>
<p>Honestly I just want to swear and swear at that cop, but I know that wont do me any good on here hahah.</p>
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		<title>By: Bill</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9114</link>
		<dc:creator>Bill</dc:creator>
		<pubDate>Sun, 04 Oct 2009 06:34:42 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9114</guid>
		<description>The &lt;a href=&quot;http://www.municode.com/library/HTML/14143/ach007.html&quot; rel=&quot;nofollow&quot;&gt;Municipal Code for San Francisco&lt;/a&gt; presently online doesn&#039;t seem to prohibit skateboarding on all streets.  

Here&#039;s the first part:

&lt;blockquote&gt;SEC. 7.2. INFRACTIONS. 

In addition to public offenses created by the Vehicle Code, the actions listed in this Section 7.2 are prohibited, and each and every violation of a prohibition listed below shall be an infraction, except as otherwise provided in: (a) this Code; or (b) the Vehicle Code; or (c) as necessary to comply with the direction of a Police Officer or Parking Control Officer; or (d) with respect to a Municipal Parking Facility, upon the direction of an authorized parking attendant; or (e) with respect to any other Public Property, except with the permission of, and subject to such conditions and regulations as are imposed by the agency that owns the property that are available for public inspection at the agency&#039;s offices.&lt;/blockquote&gt;

Here&#039;s the second part, which describes the things that are infractions:

&lt;blockquote&gt;SEC. 7.2.13. NON-MOTORIZED USER-PROPELLED VEHICLES (NUV). 

(a) Riding on Sidewalks. 

(1) To ride a NUV upon any sidewalk in any business district within the City; 

(2) To ride a NUV upon any sidewalk within the City between the period commencing 1/2-hour after sunset and 1/2-hour before sunrise; or 

(b) Riding in the Roadway. While riding a NUV in the roadway: 

(1) To ride a NUV upon any street in any business district within the City; 

(2) To fail to yield the right-of-way to any person on foot crossing the street; 

(3) To fail to yield the right-of-way to any person on foot approaching from any sidewalk, within any marked or unmarked crosswalk, or to fail to yield to any bicyclist or motor vehicle approaching on the street; 

(4) To travel against the direction of traffic; 

(c) General Prohibitions. While operating a NUV: 

(1) To carry any object that obstructs or impairs the rider&#039;s vision in any direction. 

(2) To wear any type of audio headphones, headsets or earplugs. 

(3) To operate an NUV in a reckless manner that endangers the safety of people or property. 

(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)&lt;/blockquote&gt; 
 
It appears that the law may have changed since 2003.  Has it changed again since this amendment from 2008?</description>
		<content:encoded><![CDATA[<p>The <a href="http://www.municode.com/library/HTML/14143/ach007.html" rel="nofollow">Municipal Code for San Francisco</a> presently online doesn&#8217;t seem to prohibit skateboarding on all streets.  </p>
<p>Here&#8217;s the first part:</p>
<blockquote><p>SEC. 7.2. INFRACTIONS. </p>
<p>In addition to public offenses created by the Vehicle Code, the actions listed in this Section 7.2 are prohibited, and each and every violation of a prohibition listed below shall be an infraction, except as otherwise provided in: (a) this Code; or (b) the Vehicle Code; or (c) as necessary to comply with the direction of a Police Officer or Parking Control Officer; or (d) with respect to a Municipal Parking Facility, upon the direction of an authorized parking attendant; or (e) with respect to any other Public Property, except with the permission of, and subject to such conditions and regulations as are imposed by the agency that owns the property that are available for public inspection at the agency&#8217;s offices.</p></blockquote>
<p>Here&#8217;s the second part, which describes the things that are infractions:</p>
<blockquote><p>SEC. 7.2.13. NON-MOTORIZED USER-PROPELLED VEHICLES (NUV). </p>
<p>(a) Riding on Sidewalks. </p>
<p>(1) To ride a NUV upon any sidewalk in any business district within the City; </p>
<p>(2) To ride a NUV upon any sidewalk within the City between the period commencing 1/2-hour after sunset and 1/2-hour before sunrise; or </p>
<p>(b) Riding in the Roadway. While riding a NUV in the roadway: </p>
<p>(1) To ride a NUV upon any street in any business district within the City; </p>
<p>(2) To fail to yield the right-of-way to any person on foot crossing the street; </p>
<p>(3) To fail to yield the right-of-way to any person on foot approaching from any sidewalk, within any marked or unmarked crosswalk, or to fail to yield to any bicyclist or motor vehicle approaching on the street; </p>
<p>(4) To travel against the direction of traffic; </p>
<p>(c) General Prohibitions. While operating a NUV: </p>
<p>(1) To carry any object that obstructs or impairs the rider&#8217;s vision in any direction. </p>
<p>(2) To wear any type of audio headphones, headsets or earplugs. </p>
<p>(3) To operate an NUV in a reckless manner that endangers the safety of people or property. </p>
<p>(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)</p></blockquote>
<p>It appears that the law may have changed since 2003.  Has it changed again since this amendment from 2008?</p>
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		<title>By: SFCitizen</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9111</link>
		<dc:creator>SFCitizen</dc:creator>
		<pubDate>Sat, 03 Oct 2009 19:49:57 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9111</guid>
		<description>The Officer was doing his job. Resisting arrest is a crime. Doesn&#039;t seem like excessive force was used. Just a bunch of whiners trying to entice the officer to get mad.

I am sure that when there is an interview with the skaters parents, they will report he is gentle and played with rabbits when he was younger.

Skaters use hills in SF like their own private skate slope, no regard for pedestrians (old folks and kids included) and they view cars as demons to be trashed. Enforce the law or wait for one of the skaters to file a lawsuit for injury &amp; emotional suffering.... against the City of SF, for NOT enforcing the law. We can now expect a &quot;critical ass&quot; parade of skaters (oops but they cannot think that far into the future).

Mr Skater should have also been charged with breaking and entering....the fence they breached.</description>
		<content:encoded><![CDATA[<p>The Officer was doing his job. Resisting arrest is a crime. Doesn&#8217;t seem like excessive force was used. Just a bunch of whiners trying to entice the officer to get mad.</p>
<p>I am sure that when there is an interview with the skaters parents, they will report he is gentle and played with rabbits when he was younger.</p>
<p>Skaters use hills in SF like their own private skate slope, no regard for pedestrians (old folks and kids included) and they view cars as demons to be trashed. Enforce the law or wait for one of the skaters to file a lawsuit for injury &amp; emotional suffering&#8230;. against the City of SF, for NOT enforcing the law. We can now expect a &#8220;critical ass&#8221; parade of skaters (oops but they cannot think that far into the future).</p>
<p>Mr Skater should have also been charged with breaking and entering&#8230;.the fence they breached.</p>
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		<title>By: dza</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9109</link>
		<dc:creator>dza</dc:creator>
		<pubDate>Sat, 03 Oct 2009 15:42:19 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9109</guid>
		<description>Umm..both the cop and the skateboard kid were being fucking dicks.  Two wrongs don&#039;t make a right any which way I see it.</description>
		<content:encoded><![CDATA[<p>Umm..both the cop and the skateboard kid were being fucking dicks.  Two wrongs don&#8217;t make a right any which way I see it.</p>
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		<title>By: Hahaha</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9101</link>
		<dc:creator>Hahaha</dc:creator>
		<pubDate>Sat, 03 Oct 2009 00:13:29 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9101</guid>
		<description>hahahaha, awesome, I love this cop.  So if you resist arrest now you can&#039;t force them into the car anymore I guess.  The cops have to ask nicely please get into the car.  Fuck the fags that were on the cops ass, fuck these pussies that can&#039;t handle some words, fuck all pussies that say cops are worthless.  When you&#039;re being robbed who you gunna call, when you&#039;re wife is murdered who you gonna call or wish was there to save her.  
Fuck the pussies that hate on cops.  Fuck skateboard fags that vandalize county,city,state and private property to skate their fag boards on the sidewalks when lo and behold....there are fucking state,city,county sponsored SKATE parks for you fucking retarded bitches.  So please cry more about a mean cop and keep being shitbags to the police, it will make me laugh more, it will earn your state money for the citations you get, and you get an AWESOME record that you have been ARRESTED, and you have to put that on JOB applications.</description>
		<content:encoded><![CDATA[<p>hahahaha, awesome, I love this cop.  So if you resist arrest now you can&#8217;t force them into the car anymore I guess.  The cops have to ask nicely please get into the car.  Fuck the fags that were on the cops ass, fuck these pussies that can&#8217;t handle some words, fuck all pussies that say cops are worthless.  When you&#8217;re being robbed who you gunna call, when you&#8217;re wife is murdered who you gonna call or wish was there to save her.<br />
Fuck the pussies that hate on cops.  Fuck skateboard fags that vandalize county,city,state and private property to skate their fag boards on the sidewalks when lo and behold&#8230;.there are fucking state,city,county sponsored SKATE parks for you fucking retarded bitches.  So please cry more about a mean cop and keep being shitbags to the police, it will make me laugh more, it will earn your state money for the citations you get, and you get an AWESOME record that you have been ARRESTED, and you have to put that on JOB applications.</p>
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		<title>By: j dunn</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9100</link>
		<dc:creator>j dunn</dc:creator>
		<pubDate>Fri, 02 Oct 2009 23:32:45 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9100</guid>
		<description>officer schwab, 2099, congratulations, you&#039;ve been you-tubed!!  one can safely say that you wouldn&#039;t have acted like that if you had known you were being recorded, but that&#039;s ok, the whole world can watch firsthand and see exactly what a pathetic badged-thug you are.  Sadly though, don&#039;t worry, you&#039;ll face no consequences, the &#039;brothers-in-blue&#039; always protect one of their own, no matter how pathetic...</description>
		<content:encoded><![CDATA[<p>officer schwab, 2099, congratulations, you&#8217;ve been you-tubed!!  one can safely say that you wouldn&#8217;t have acted like that if you had known you were being recorded, but that&#8217;s ok, the whole world can watch firsthand and see exactly what a pathetic badged-thug you are.  Sadly though, don&#8217;t worry, you&#8217;ll face no consequences, the &#8216;brothers-in-blue&#8217; always protect one of their own, no matter how pathetic&#8230;</p>
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		<title>By: San Francisco police officer arresting skateboarder: &#34;I&#8217;ll break your arm like a fckng twig.&#34; &#124; Newsblog</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9099</link>
		<dc:creator>San Francisco police officer arresting skateboarder: &#34;I&#8217;ll break your arm like a fckng twig.&#34; &#124; Newsblog</dc:creator>
		<pubDate>Fri, 02 Oct 2009 23:00:15 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9099</guid>
		<description>[...] after Stow calls the officer a “fckng dck.” Over at metblogs SF, Richard Ault says the officer’s understanding of SF skateboarding codes is wrong. An article about the incident is here at the SF Chronicle. My two cents, as someone who is neither [...]</description>
		<content:encoded><![CDATA[<p>[...] after Stow calls the officer a “fckng dck.” Over at metblogs SF, Richard Ault says the officer’s understanding of SF skateboarding codes is wrong. An article about the incident is here at the SF Chronicle. My two cents, as someone who is neither [...]</p>
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		<title>By: San Francisco police officer arresting skateboarder: &#34;I&#8217;ll break your arm like a fckng twig.&#34; on Talks-UK.com</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9098</link>
		<dc:creator>San Francisco police officer arresting skateboarder: &#34;I&#8217;ll break your arm like a fckng twig.&#34; on Talks-UK.com</dc:creator>
		<pubDate>Fri, 02 Oct 2009 22:41:25 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9098</guid>
		<description>[...] after Stow calls the officer a “fckng dck.” Over at metblogs SF, Richard Ault says the officer’s understanding of SF skateboarding codes is wrong. An article about the incident is here at the SF Chronicle. My two cents, as someone who is neither [...]</description>
		<content:encoded><![CDATA[<p>[...] after Stow calls the officer a “fckng dck.” Over at metblogs SF, Richard Ault says the officer’s understanding of SF skateboarding codes is wrong. An article about the incident is here at the SF Chronicle. My two cents, as someone who is neither [...]</p>
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		<title>By: Bad breath seth</title>
		<link>http://sf.metblogs.com/2009/09/30/cop-ill-break-your-arm-like-a-twig/comment-page-1/#comment-9097</link>
		<dc:creator>Bad breath seth</dc:creator>
		<pubDate>Fri, 02 Oct 2009 20:16:00 +0000</pubDate>
		<guid isPermaLink="false">http://sf.metblogs.com/?p=6136#comment-9097</guid>
		<description>The cop should have beat the kid.  Children today have no respect for the law!!</description>
		<content:encoded><![CDATA[<p>The cop should have beat the kid.  Children today have no respect for the law!!</p>
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