A) they had no cause to arrest him when they approached him in the theater. Or even cause to search him.
>>>
https://johnhelms.attorney/how-long-can-the-police-detain-me/"When police officers detain someone, they have not yet made an arrest. However, when someone is detained by the police, they are not free to simply walk away. Police may detain people in a variety of situations."Law Office of John M. Helms
8100 John W. Carpenter Fwy.
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October 21, 2019 by johnhelmslaw
Oswald had his 4th Amendment right to ask why he was being detained, searched or even questioned. He could have done this calmly. Instead, he decided to duke it out for some strange reason:
Mr. BELIN - Then what did you see?
Mr. BREWER - Well, I saw this policeman approach Oswald, and Oswald stood up and I heard some hollering. I don't know exactly what he said, and this man hit Patrolman McDonald.
Mr. BELIN - You say this man hit Patrolman McDonald. Did you know it was Patrolman McDonald?
Mr. BREWER - I didn't know his name, but I had seen him quite a few times around Oak Cliff. But I didn't know his name.
Mr. BELIN - Then you later found out this was Patrolman McDonald?
Mr. BREWER - Yes.
Mr. BELIN - Did you say this man was the same man?
Mr. BREWER - The same man that had stood in my lobby that I followed to the show.
Mr. BELIN - Who hit who first?
Mr. BREWER - Oswald hit McDonald first, and he knocked him to the seat.C) the “resisted” box is unmarked on the arrest report.
>>> Judge Johnny: Mr Oswald, were all the right boxes checked on the arrest report?
Mr. Oswald: No, sir.
Judge Johnny: Okay, you're free to go.