For instance, tugging on Superman's cape. I mean really, the guy is fighting crime and you tug on his cape? Or how about pulling the mask off that old Lone Ranger. Dang but it should just be common sense of things you just don't do but then there are people out in people land that don't have much common sense.
Funny how people do things and then they start to scream and complain that they didn't do anything when they get arrested for doing the things they did but don't think they should be arrested for doing them.
What things, you ask?
1) How about Trespass?
Trespass is entering or remaining on someone else’s property without permission. It can happen either by going onto private property you’re not allowed to enter, or by refusing to leave after being asked by the owner or an authorized person. Even without posted signs, staying after notice is usually enough to make it illegal.
People who are guilty of trespass might say:
- “It’s not posted!”
- “I didn’t see a sign!”
- "Why do I have to leave?"
The problem is that (and what I see time and again is) if you’ve been told to leave (by owner, staff, or police) and don’t, that alone can be enough for an arrest—even without signs.
So, if you enter a property that is not your own and fool around such that the owner tells you to leave AND YOU DON'T LEAVE, you can/will most likely be arrested.
Even if you don't think you did anything wrong, if you are told to leave a property and you don't, the time to fight the trespass is NOT when you are trespassing or when you are being handcuffed. The time to fight a trespass is in court - at your leisure.
If you choose to scream and fight at the time of the trespass, you're going to be arrested (and probably charged with obstruction and resisting arrest) even if you don't understand why.
That's just the way this goes.
2) How about Driving Under the Influence (DUI)?
Driving Under the Influence (DUI) is operating a vehicle while your ability to drive safely is impaired by alcohol, drugs (legal or illegal), or a combination of substances. Impairment can include slowed reaction time, poor judgment, reduced coordination, drowsiness, or altered perception—even if you don’t feel “drunk.”
What we're talking about here are pretty straight forward cases like Doyle v. State, 2002 OK CR 29, 47 P.3d 530 (Okla. Crim. App. 2002) where the defendant (Doyle) was stopped by law enforcement in Oklahoma after officers observed signs of intoxication (driving behavior + field indicators). Consequently, defendant was arrested and charged with Driving Under the Influence (DUI) under Oklahoma law and was convicted in district court.
On appeal, the court held that a DUI conviction may be sustained based on officer observations and circumstantial evidence of impairment, even without any legal deficiency in the arrest or proof.
DUI laws can be triggered either by observed impairment or by exceeding legal limits (in Utah, a 0.05% BAC), and they also apply to impairment from things like prescription medications, marijuana, or other substances that affect driving ability.
People are often genuinely surprised during a DUI stop because their mental model of “impaired” doesn’t match how the law defines it. What many people don't realize is that DUI isn’t just about the consumption of alcohol. Prescription meds (like painkillers or anti-anxiety drugs), sleep aids, or marijuana can all impair driving—even if legally obtained.
People often think:
- “I feel fine”
- “I only had a couple drinks”
But laws are based on blood alcohol content, not how you feel. You can be legally impaired well before you feel drunk. Many assume an hour or two “sobers them up,” but BAC often stays elevated longer than people think. The time to fight a DUI is not when you are being handcuffed. If you fight the police when you are being handcuffed, you will most certainly be arrested and things will not go well with you.
Trust me on this one.
3) How about Domestic Violence (arguments that turn physical)?
Domestic violence is any act (or threat) of violence, force, or intimidation between people in a close relationship—such as spouses, partners, family members, or people living together.
Domestic violence doesn’t require serious injury; any unwanted physical contact, attempt to cause harm, or behavior that puts the other person in fear can qualify. Laws in places like Utah treat these situations seriously, and officers often make an arrest based on probable cause even if the people involved minimize what happened.
What we're looking at here is cases like State v. Harden, 26 So. 3d 726 (Fla. 2d DCA 2010) where the defendant (Harden) and the victim were involved in a domestic relationship. Seems an argument escalated into physical confrontation.
The victim testified that the defendant pushed or struck them during the dispute and law enforcement responded. Harden was subsequently charged with domestic battery and a trial court resolved the case with a conviction for battery.
The Florida Second District Court of Appeal noted that that when credible evidence shows intentional unwanted physical contact during a domestic argument, a domestic battery conviction will be upheld.
What trips people up is that what they're doing doesn’t look like what they imagine “domestic violence” to be:
- “I just pushed them out of the way”. A shove during an argument—especially if it’s unwanted—can be enough. It doesn’t have to leave a mark.
- Grabbing, blocking, or restraining. Holding someone’s arm, pinning them, or standing in a doorway to stop them from leaving can be considered force or intimidation.
- Throwing objects (even if you miss). Tossing a phone, plate, or anything in anger can qualify because it creates fear of harm.
- Taking or breaking a phone during an argument. Grabbing a phone to stop someone from calling for help can be treated as both domestic violence and interference with communication.
- “Mutual” arguments that turn physical. Even if both people are yelling—or both claim fault—police may still arrest one party based on who appears to be the primary aggressor.
- Threats that feel “in the heat of the moment”. Statements that imply harm (“you’ll regret this,” “I’m going to hurt you”) can count if they put the other person in reasonable fear.
- Minimal or no visible injury. You don’t need bruises or cuts. The legal threshold is often the act or the fear it creates, not the severity of injury.
The common thread is that the law focuses on unwanted force or fear within a relationship, not whether it seemed minor, mutual, or “just part of an argument” at the time.
People say:
- “It was just an argument”
- “I barely touched them”
The issue isn't what you think or do - it's what the other person thinks or feels. So, maybe put yourself in the other persons shoes for a bit and think what they're going through when you're thinking of pushing them through that plate glass window.
Now, if you're are still unsure what you did to get the police's attention, don't fight it when the handcuffs are being installed on your wrists because if you do resist, you will be arrested and charnged for resisting arrest (at least) nothing will go your way from there on out.Again, you'll just have to trust me on this.
4) How about Shoplifting (including “accidental”)?
Shoplifting is taking merchandise from a store without paying for it, or intentionally leaving the premises with unpaid items. It also includes actions like concealing items, altering price tags, or bypassing payment systems.
The key difference between intentional and accidental shoplifting is intent: intentional shoplifting involves knowingly trying to deprive the store of payment, while accidental shoplifting happens when someone unintentionally leaves without paying (for example, forgetting an item in a cart or bag).
However, even if it’s accidental, stores and law enforcement may still treat it as theft based on what actually occurred, which is why misunderstandings can still lead to legal trouble.
What we're looking at are cases like State v. Lillard, 122 Wn. App. 422, 93 P.3d 729 (Wash. Ct. App. 2004). Here, the defendant (Lillard), was engaging in conduct leading to a theft charge under Washington’s theft statute (RCW 9A.56.030 / related provisions). The case involved taking property without permission and intent to deprive the owner and defendant was convicted at trial. Lillard later appealed his conviction arguing the evidence was insufficient to support the theft conviction.
The Washington Court of Appeals held that the evidence was sufficient to support the theft conviction, that intent to deprive can be inferred from:
- possession of stolen property
- surrounding circumstances of acquisition
- conduct inconsistent with lawful ownership
- “I forgot it was in my cart”
- “I was going to pay for it”
The problem is that stores and police don’t have to prove long-term intent—the mere asportation or leaving the store without paying is usually enough.
Screaming "I WANT TO PAY" or "THIS IS ALL MY STUFF" is not going to help your cause. If you are being arrested for shoplifting, anything you do when/after handcuffs are put on your wrists will only count against you. Bide your time and let the police do their thing because screaming and struggling will only go against you.
5) How about Unauthorized Recording / Privacy Violations.
Unauthorized recording / privacy violations involve capturing audio, video, or images of someone without legal permission in a context where they have a reasonable expectation of privacy.
This can include recording conversations without required consent or filming people in private spaces like homes, bathrooms, or locker rooms. Laws vary by state, but the core idea is protecting people from being recorded when they reasonably expect not to be.
What we're talking about are cases like State v. Kaakimaka, SCWC-22-0000690 (Haw. 2025) where the defendant used a hidden cellphone camera to record a minor showering inside a residence. The device was placed outside a bathroom window aimed into a “private place.” Defendant was subsequently arrested and charged with Violation of Privacy in the First Degree under HRS § 711-1110.9.
The Hawaii Supreme Court affirmed the defendant's conviction and explained that a “private place” includes areas where a person has a reasonable expectation of privacy (like a bathroom inside a home) and noted that secretly recording someone in a private place (like a bathroom) satisfies Hawaii’s criminal “violation of privacy” statute even if the recorder is outside the structure.
Where people get tripped up is the context:
- Private vs. public spaces. Recording in public (streets, parks) is often legal, but filming inside someone’s home, a restroom, or even certain areas of a business can cross the line.
- Audio recording (consent laws). Some states allow “one-party consent” (only one person in the conversation must know), while others require all parties to consent. Secretly recording a conversation can be illegal depending on location.
- “It’s my phone, I can record anything.” Ownership of the device doesn’t override privacy laws—where and how you record matters more.
- Sensitive situations. Recording people in vulnerable or intimate situations (changing clothes, medical settings, etc.) is almost always illegal, even if no harm was intended.
- Posting or sharing recordings. Even if recording itself was legal, sharing it (especially if it’s private or misleading) can create additional legal issues.
Typical beliefs that trip people up:
- “I can record anything in public”
- “It’s my phone”
Filming in certain places (bathrooms, private property, or even audio recording without consent in some states) can be illegal.
What is imporant for people to understand is that legality hinges on expectation of privacy and consent, not just whether the recording was technically possible.
I suspect the bottom line to all this "but I didn't do anything wrong" business is to understand that just because YOU don't think you did anything wrong doesn't mean you didn't actually do anything wrong.
Well, that and struggling with the police when you're being handcuffed almost ALWAYS ends with your face in the pavement and two cops on your back.
Just keep all this in mind when next you are being handcuffed and save the drama for the theater.
I'm just sayin.
