RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 3:28 pm
(June 22, 2017 at 3:14 pm)Khemikal Wrote:(June 22, 2017 at 3:11 pm)Jehanne Wrote: 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.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.
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.
I am not his attorney, of course; I just hope that he gets one. Usually, in civil trials, only 75% of the jury has to agree with the plaintiff(s). Simply being an asshole is not a criminal offense. A police officer is supposed to enforce the law, not impose one of his/her own making.