RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 3:11 pm
(This post was last modified: June 22, 2017 at 3:12 pm by Jehanne.)
(June 22, 2017 at 3:04 pm)Khemikal Wrote: I hope that's not the defense his lawyer goes with.
@FFaith, he has to ask who is offended and by whom..if he's there to determine who is or is not a public nuisance. Asking whether or not she's insulted is asking the same question in different words.
..............?
I am not a criminal defense attorney; to be defined a "public nuisance," I believe, can only be issued by a city official or a sitting judge. The police, I believe, are at least required to give a verbal warning to any potential offenders. The police cannot simply stop, detail and handcuff a person on a whim, just because they do not like the person's behavior. The issue is one of probable cause to arrest or even detail an individual for having committed a criminal act. Certainly, there are grounds for a lawsuit which, in the end, will probably end up being a "slap suit" in that a judge will not rule it frivolous but will allow it to go to a civil trial, where the cop will be forced to testify under oath. In the end, our would-be plaintiff will likely lose but any lawsuit will consume resources (the cop's salary, lawyer & court costs, etc.), which the judge will likely feel is a justifiable burden to be imposed upon the municipality, which will act as a deterrent to any such future police abuses.
