RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 3:14 pm
(This post was last modified: June 22, 2017 at 3:17 pm by The Grand Nudger.)
(June 22, 2017 at 3:11 pm)Jehanne Wrote:Irrelevant, since that's not what happened here even if all we had to go by was the jackasses own edited video...so? The police -can- detain and question anyone involved in a public disturbance to ascertain the nature of the disturbance and whether or not further action is required. Looks like, in this jackasses case..the cop decided that further action -wasn;t- required. It was him, and now you, that choose to make a mountain of a molehill.(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.
Quote: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.
Was he arrested or jailed..did he go to trial.....have there been any criminal charges...or was he told to get the fuck outta heya...so that's alot of wasted breath.
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