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Posted: 10/23/2014 8:53:56 PM EDT
[#1]
Major Kong knows...
'Course, unless Morris gets paid in plutonium it ain't never gonna happen. Quote HistoryQuoted:
What the... I don't even... I mean..... Don't get me wrong, I LOVE it, but WTF does that even mean?  Quote HistoryQuoted:
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I hope Morris sues and is awarded enough money to hair lip the governor and short dick every pigmy in the Congo. What the... I don't even... I mean..... Don't get me wrong, I LOVE it, but WTF does that even mean? |
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Posted: 10/23/2014 8:54:24 PM EDT
[#2]
Quote HistoryQuoted:
What they're saying, which is true, is that PC may exist even when innocence is clear. Suppose that the law in your state says that possession of aspirin is illegal, but it is a defense to the crime that the drug was prescribed by a physician. Cop finds you with aspirin in a clearly labeled standard prescription bottle. He has PC to believe you possess aspirin, even though he knows for a fact you are innocent of the crime. It's bullshit, and my hypothetical cop deserves evil things just like the cop in the OP. Quote HistoryQuoted:
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Don't agree with the part of the ruling where they said that the officers had PC to arrest after he punched one of them. Just because Morris asserted an affirmative defense does not mean that Morris committed an assault, or that the officers were reasonable in their belief that he had. It is not, Yes Officer, I assaulted you, but I'm innocent of assault because I used reasonable force to end your trespass. It is "Yes Officer, I punched you, but I am not guilty of assault, because you were trespassing and I used reasonable force to end that trespass. If it was unreasonable for the officers to enter the home in the first place, it is unreasonable for them to believe that someone who punched them had committed a crime. What they're saying, which is true, is that PC may exist even when innocence is clear. Suppose that the law in your state says that possession of aspirin is illegal, but it is a defense to the crime that the drug was prescribed by a physician. Cop finds you with aspirin in a clearly labeled standard prescription bottle. He has PC to believe you possess aspirin, even though he knows for a fact you are innocent of the crime. It's bullshit, and my hypothetical cop deserves evil things just like the cop in the OP. In your hypo, I understand he has PC to believe he possessed aspirin, but he does not have PC to believe a crime has been committed. In the facts of the case, the officer would have had PC to believe he had been punched, but not PC to believe a crime had been committed, if we are charging the officer with not reasonably believing he had PC to search the residence in the first place. |
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Posted: 10/23/2014 9:09:14 PM EDT
[#3]
From the article
Bradford and Bowers say they had reasonable suspicion to detain Morris, to make a Terry stop. Reasonable suspicion of what? And precisely when did they have it? They do not say. They did not have reasonable suspicion of anything concerning Morris when they approached the front door of his house and knocked, for the woman had said nothing at all indicating that Morris had done anything wrong. So, the officers' reasonable suspicion had to have arisen after Morris opened the door. Now, it seems to me that officers have learned what they think are 'magic words'. Say 'We had reasonable suspicion' and you can do what you want. Say 'I feared for my safety' and you can Terry Search. Heck, we had a local cop who climbed a fence into a yard, grabbed a shovel and killed a pet chicken, because there was no ordinance allowing the farming of poultry inside city limits. When he was questioned about it, he said that he did it because there was a school a few blocks away and he was fearing for the safety of the children, in case they came in contact with the chicken and caught diseases. It seems to me that the officers here don't really understand the laws, but think that their magic words make everything all right. Or maybe they know they are fucked and try and throw out their magic words. I mean, the only other option is that the officers actually believe what they are saying...that no evidence is reasonable suspicion and RS means you can kick in the door and drag out a home-owner without a warrant. OR in my other example, that children are in dire risk of catching diseases from chickens. (Can something like bird-flu move from bird to human? Yes. But it is extremely unlikely, otherwise we'd have a quarter of the kids that visit the county fair and check out the poultry barn diseased!)
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Posted: 10/23/2014 9:13:53 PM EDT
[#4]
Quote HistoryQuoted:
Good ruling. |
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Posted: 10/23/2014 9:14:24 PM EDT
[#5]
Quote HistoryQuoted:
Yup. WTF We're those guys thinking? Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. |
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Posted: 10/23/2014 9:20:46 PM EDT
[#6]
Quote HistoryQuoted:
Good ruling. Agreed. |
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Posted: 10/23/2014 9:25:37 PM EDT
[#7]
Quote HistoryQuoted:
Yeah... that was an obvious one. Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. It was so obvious that the DA took it to the grand jury twice and to criminal trial. 
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Posted: 10/23/2014 9:26:43 PM EDT
[#8]
Quote HistoryQuoted:
It was so obvious that the DA took it to the grand jury twice and to criminal trial. Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. It was so obvious that the DA took it to the grand jury twice and to criminal trial. Lawyers. |
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Posted: 10/23/2014 9:33:17 PM EDT
[#9]
Quote HistoryQuoted:
It was so obvious that the DA took it to the grand jury twice and to criminal trial. Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. It was so obvious that the DA took it to the grand jury twice and to criminal trial. Most DA's are lower than dog shit. They will do anything to advance their careers. Justice is something icky they scrape off the bottom of their shoe because they accidentally stepped in it. Posted Via AR15.Com Mobile |
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Posted: 10/23/2014 9:33:49 PM EDT
[#10]
Quote HistoryQuoted:
What the... I don't even... I mean..... Don't get me wrong, I LOVE it, but WTF does that even mean? Quote HistoryQuoted:
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I hope Morris sues and is awarded enough money to hair lip the governor and short dick every pigmy in the Congo. What the... I don't even... I mean..... Don't get me wrong, I LOVE it, but WTF does that even mean? Goodgodamighty! I feel sorry for those of you who suffered through childhoods devoid of witty folk language and down home say'ns. "To hair lip the governor" and "to short dick every pigmy in the Congo" both mean the same thing. Essentially, it means "fuck the consequences", and doubly so in this case. Here's a link that you may find helpful. |
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Posted: 10/23/2014 9:37:58 PM EDT
[#11]
Stupid is as stupid does.
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Posted: 10/23/2014 9:44:38 PM EDT
[#12]
Good.
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Posted: 10/23/2014 11:16:18 PM EDT
[#13]
Quote HistoryQuoted:
It was so obvious that the DA took it to the grand jury twice and to criminal trial. Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. It was so obvious that the DA took it to the grand jury twice and to criminal trial. To win points with the cops, to get "leverage" with the homeowner, and to sabotage the civil suit he knew was coming. |
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Posted: 10/23/2014 11:22:07 PM EDT
[#14]
Quote HistoryQuoted:
Most DA's are lower than dog shit. They will do anything to advance their careers. Justice is something icky they scrape off the bottom of their shoe because they accidentally stepped in it. Posted Via AR15.Com Mobile Taking obvious looser cases to court seems counterproductive to advancing one's careers. |
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Posted: 10/23/2014 11:26:36 PM EDT
[#15]
Quote HistoryQuoted:
Easy to tell who the good cops are, around here. Seconded. Even if I've butted heads with some of them... 
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Posted: 10/24/2014 1:22:02 AM EDT
[#16]
I hope Morris gets lots of money.
+1 on the good cops agreeing with this ruling. |
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Posted: 10/24/2014 1:40:16 AM EDT
[#17]
Quote HistoryQuoted:
Good ruling. |
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Posted: 10/24/2014 2:42:33 AM EDT
[#18]
Dumbasses. Woman is outside house, ok, not alleging crime, except horse mistreatment. HO volunteers to go put on boots and check out horses, ok, you go with him, outside of house. Fuck these guys, they are too dumb to be cops.
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Posted: 10/24/2014 3:40:52 AM EDT
[#19]
Quote HistoryQuoted: It was so obvious that the DA took it to the grand jury twice and to criminal trial. Quote HistoryQuoted: Quoted: Quoted: Quoted: Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. It was so obvious that the DA took it to the grand jury twice and to criminal trial. |
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Posted: 10/24/2014 7:30:23 AM EDT
[#20]
Quote HistoryQuoted:
Taking obvious looser cases to court seems counterproductive to advancing one's careers. Quote HistoryQuoted:
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Most DA's are lower than dog shit. They will do anything to advance their careers. Justice is something icky they scrape off the bottom of their shoe because they accidentally stepped in it. Posted Via AR15.Com Mobile Taking obvious looser cases to court seems counterproductive to advancing one's careers. Seems like they were doing this to protect the bad cops. Get a conviction, maybe the civil suit is harder? |
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Posted: 10/24/2014 7:32:31 AM EDT
[#21]
Quote HistoryQuoted:
Good ruling. FPNI someone send the offending officers Pocket Constitutions....then FIRE them |
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Posted: 10/24/2014 7:43:59 AM EDT
[#22]
Funny, I never had troubles like these when I was on the job.
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Posted: 10/24/2014 7:49:49 AM EDT
[#23]
Quote HistoryQuoted:
for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. Quote HistoryQuoted:
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The only thing to make this better is the po po losing their jobs and going to jail. for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. IMO, it gets kicked up a notch or two when someone in a position of authority commits a crime while using that authority. Of course, that's just my opinion. |
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Posted: 10/24/2014 7:52:02 AM EDT
[#24]
This was the piece I found really interesting...
The court of appeals then noted that under Alabama law, a person has right to use force to resist an unlawful arrest. Further, a person has the right to use reasonable force to prevent a criminal trespass and to defend one’s self from unlawful physical force. However, the court also noted that the right to use physical force to defend one’s self or property is an affirmative defense to be raised in court as a defense to an assault charge, as he did in his criminal case. As such, the court held that the officers did have probable cause to believe Morris committed assault against Officer Bradford when he retaliated and punched the officer. I'm curious what the laws on that are in other States, such as NM or SC. |
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Posted: 10/24/2014 7:59:14 AM EDT
[#25]
Quote HistoryQuoted:
Good ruling/ good punch. Cops/Deputies are idiots. I'm leaning this way too. |
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Posted: 10/24/2014 8:27:35 AM EDT
[#26]
Quote HistoryQuoted:
Good ruling. I hope the fuckin thugs spend/spent time in jail for assault and home invasion. only jail timefor BAD cops will stop the abuse. |
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Posted: 10/24/2014 8:31:34 AM EDT
[#27]
Quote HistoryQuoted:
for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much? |
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Posted: 10/24/2014 8:35:03 AM EDT
[#28]
Quote HistoryQuoted:
To win points with the cops, to get "leverage" with the homeowner, and to sabotage the civil suit he knew was coming. Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Yeah... that was an obvious one. It was so obvious that the DA took it to the grand jury twice and to criminal trial. To win points with the cops, to get "leverage" with the homeowner, and to sabotage the civil suit he knew was coming. Yep, exactly. That is why the victim should go after the DA as well. |
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Posted: 10/24/2014 8:49:39 AM EDT
[#29]
Quote HistoryQuoted: Yup. WTF We're those guys thinking? Quote HistoryQuoted: Quoted: Good ruling. Yup. WTF We're those guys thinking? Someone called us out......someone is going to jail no matter what!
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Posted: 10/24/2014 8:54:15 AM EDT
[#30]
Quote HistoryQuoted:
minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much? Quote HistoryQuoted:
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for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much? 
Bradford had refused to leave; he remained in the doorway. When Morris tried to close the door, Bradford shoved him |
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Posted: 10/24/2014 8:35:33 PM EDT
[#31]
Quote HistoryQuoted:
minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much? Quote HistoryQuoted:
Quoted:
for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much? Assault is charged based on the damage/injuries caused/suffered. IE, shoving someone in Missouri would be considered Assault 3rd Degree, (least serious). Hitting someone with a closed fist and breaking their orbital socket bones would be considered Assault 2nd Degree. Hitting someone with a hammer in the head and causing a serious injury, (even if not permanent) would be considered Assault 1st Degree. In Missouri, Assault 1st and 2nd are felony charges. |
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Posted: 10/25/2014 6:04:46 PM EDT
[#32]
Quote HistoryQuoted:
Quote HistoryQuoted:
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for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much?
Bradford had refused to leave; he remained in the doorway. When Morris tried to close the door, Bradford shoved him When the piece of shit shoved the homeowner, he turned the trespass into a burglary. In Florida, that could easily be charged as Armed Burglary with an Assault, first degree felony punishable by life in prison. I would imagine that unlawfully entering or remaining in a home at night and using physical violence against the homeowner is more than a minor assault in Alabama, too. |
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Posted: 10/25/2014 6:22:33 PM EDT
[#33]
So...
Insurance pays out and medals in six months after the noise dies down and they get back off of administrative leave? |
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Posted: 10/25/2014 7:55:49 PM EDT
[#34]
I
Quote HistoryQuoted:
When the piece of shit shoved the homeowner, he turned the trespass into a burglary. In Florida, that could easily be charged as Armed Burglary with an Assault, first degree felony punishable by life in prison. I would imagine that unlawfully entering or remaining in a home at night and using physical violence against the homeowner is more than a minor assault in Alabama, too. Quote HistoryQuoted:
Quoted:
Quoted:
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for trespass and minor assault?
may lose their jobs (bradferd anyway) but its rare for someone to be sentenced to jail for that. minor assault? no for the assualt, home invasion, false arrest, etc, etc. throw the motherfuckers in jail. geeze....minor assault. Excuse much?
Bradford had refused to leave; he remained in the doorway. When Morris tried to close the door, Bradford shoved him When the piece of shit shoved the homeowner, he turned the trespass into a burglary. In Florida, that could easily be charged as Armed Burglary with an Assault, first degree felony punishable by life in prison. I would imagine that unlawfully entering or remaining in a home at night and using physical violence against the homeowner is more than a minor assault in Alabama, too. Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. |
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Posted: 10/25/2014 8:16:54 PM EDT
[#35]
Quote HistoryQuoted: and yet again the asshole made it home safe and sound....... all that really matters here........ move along citizen.......  |
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Posted: 10/25/2014 8:34:30 PM EDT
[#36]
Quote HistoryQuoted:
Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. Policeman sees BG doing a hand-to-hand, hollers "Stop! Police!" as he initiates foot chase. BG runs into 3d party's apartment and policeman (chasing) sees him throw his dope on top of a china cabinet. BG runs into kitchen, pretends to wash dishes. Resident doesn't know him, didn't invite him in. I charged & convicted him of burglary to a dwelling with the "offense therein" being PCS, Resisting, and/or Evidence Tampering. |
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Posted: 10/25/2014 8:38:25 PM EDT
[#37]
I would hope the cops get federal charges for civil rights violations . Jail is a powerful tool and is due in this case .
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Posted: 10/25/2014 9:50:01 PM EDT
[#38]
P
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Policeman sees BG doing a hand-to-hand, hollers "Stop! Police!" as he initiates foot chase. BG runs into 3d party's apartment and policeman (chasing) sees him throw his dope on top of a china cabinet. BG runs into kitchen, pretends to wash dishes. Resident doesn't know him, didn't invite him in. I charged & convicted him of burglary to a dwelling with the "offense therein" being PCS, Resisting, and/or Evidence Tampering. Quote HistoryQuoted:
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Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. Policeman sees BG doing a hand-to-hand, hollers "Stop! Police!" as he initiates foot chase. BG runs into 3d party's apartment and policeman (chasing) sees him throw his dope on top of a china cabinet. BG runs into kitchen, pretends to wash dishes. Resident doesn't know him, didn't invite him in. I charged & convicted him of burglary to a dwelling with the "offense therein" being PCS, Resisting, and/or Evidence Tampering. And? That's pretty much what I just posted. I guess I'm missing your point. It is? Also in your scenario you left out Failure to Obey a Lawful Order. Cop told him to stop, a lawful order. He disobeyed a lawful order. If your going to stack'em, stack'em deep. ETA In your scenario, I would not want to be the prosecution on that case. A Burg conviction? I highly doubt it, better chance of getting a plea. A jury trial, slim chance. Now Criminal Trespass I, easy conviction all day. |
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Posted: 10/25/2014 10:42:02 PM EDT
[#39]
Quote HistoryQuoted:
Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. In Alabama is there an enhancement on the same push if it was done on an officer in the course of his duties? |
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Posted: 10/25/2014 11:14:35 PM EDT
[#40]
Help me out people. Just a half hick/nerd from what use to be semi rural NW Georgia here.
How does some random drunk, drugged out, and/or in general trashy crazy type calling the police, and spouting something about horses make the cops think they can act like this? Did the horses live in the house or something? Or is this a case so dumb even the Judiciary Branch had to go "I got nothing yall are screwed." I am a number cruncher not a lawyer though, and I am finishing my third can of cheapo beer, so treat me gently if you could. I try to lurk as my sop, but reading about the lead up made me break typical silence to try to figure out this ball of wtf. |
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Posted: 10/25/2014 11:15:42 PM EDT
[#41]
N
Quote HistoryQuoted:
In Alabama is there an enhancement on the same push if it was done on an officer in the course of his duties? Quote HistoryQuoted:
Quoted:
Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. In Alabama is there an enhancement on the same push if it was done on an officer in the course of his duties? Not coded in Alabama law. I'm pretty sure it would fall under Civil Rights section 1983 just as any other false arrest or excessive force would. That's way above my pay grade. |
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Posted: 10/25/2014 11:19:16 PM EDT
[#42]
Quote HistoryQuoted:
Help me out people. Just a half hick/nerd from what use to be semi rural NW Georgia here. How does some random drunk, drugged out, and/or in general trashy crazy type calling the police, and spouting something about horses make the cops think they can act like this? Did the horses live in the house or something? Or is this a case so dumb even the Judiciary Branch had to go "I got nothing yall are screwed." I am a number cruncher not a lawyer though, and I am finishing my third can of cheapo beer, so treat me gently if you could. I try to lurk as my sop, but reading about the lead up made me break typical silence to try to figure out this ball of wtf. The part in red pretty much sums it up. |
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Posted: 10/25/2014 11:22:58 PM EDT
[#43]
Quote HistoryQuoted:
Taking obvious looser cases to court seems counterproductive to advancing one's careers. Quote HistoryQuoted:
Quoted:
Most DA's are lower than dog shit. They will do anything to advance their careers. Justice is something icky they scrape off the bottom of their shoe because they accidentally stepped in it. Posted Via AR15.Com Mobile Taking obvious looser cases to court seems counterproductive to advancing one's careers. not when you have 50/50 chance of giving the po po stuid powers and advancing the pwer of the state and stomping on the people. He/She/it will get paid for taking one for the team. |
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Posted: 10/25/2014 11:25:15 PM EDT
[#44]
Quote HistoryQuoted:
The part in red pretty much sums it up. Quote HistoryQuoted:
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Help me out people. Just a half hick/nerd from what use to be semi rural NW Georgia here. How does some random drunk, drugged out, and/or in general trashy crazy type calling the police, and spouting something about horses make the cops think they can act like this? Did the horses live in the house or something? Or is this a case so dumb even the Judiciary Branch had to go "I got nothing yall are screwed." I am a number cruncher not a lawyer though, and I am finishing my third can of cheapo beer, so treat me gently if you could. I try to lurk as my sop, but reading about the lead up made me break typical silence to try to figure out this ball of wtf. The part in red pretty much sums it up. Okay not off my rocker then thank goodness my logic train is still on the tracks. Carry on GD. |
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Posted: 10/25/2014 11:25:18 PM EDT
[#45]
Quote HistoryQuoted:
N Not coded in Alabama law. I'm pretty sure it would fall under Civil Rights section 1983 just as any other false arrest or excessive force would. That's way above my pay grade. Quote HistoryQuoted:
N Quoted:
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Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. In Alabama is there an enhancement on the same push if it was done on an officer in the course of his duties? Not coded in Alabama law. I'm pretty sure it would fall under Civil Rights section 1983 just as any other false arrest or excessive force would. That's way above my pay grade. An assault ON an officer would be a civil rights issue?
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Posted: 10/25/2014 11:25:34 PM EDT
[#46]
Quote HistoryQuoted:
Someone called us out......someone is going to jail no matter what! Quote HistoryQuoted:
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Good ruling. Yup. WTF We're those guys thinking? Someone called us out......someone is going to jail no matter what! or let the courts figure t out. I've got contact hours to fill and the booking will get me some nice pensionable OT. |
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Posted: 10/26/2014 12:14:48 AM EDT
[#47]
Quote HistoryQuoted:
Help me out people. Just a half hick/nerd from what use to be semi rural NW Georgia here. How does some random drunk, drugged out, and/or in general trashy crazy type calling the police, and spouting something about horses make the cops think they can act like this? Did the horses live in the house or something? Or is this a case so dumb even the Judiciary Branch had to go "I got nothing yall are screwed." I am a number cruncher not a lawyer though, and I am finishing my third can of cheapo beer, so treat me gently if you could. I try to lurk as my sop, but reading about the lead up made me break typical silence to try to figure out this ball of wtf. this. its all messed up and they did everything wrong. |
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Posted: 10/26/2014 12:20:38 AM EDT
[#48]
Quote HistoryQuoted:
An assault ON an officer would be a civil rights issue? Quote HistoryQuoted:
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Kinda just different wording. In Alabama if you enter a building and commit a crime therein, then it is a Burg. III. Pretty easy to articulate that his crime therein is Harassment ( the shove, a misdemeanor). Now add a firearm and it steps it up but needs a few other elements to make it stick. As in threats with the weapon, a theft or intent to commit a felony therein or injury. Now add a dwelling over a building and a firearm you have Burg I. So I could see charging the cop with a Burg and maybe because he is a cop it would stick. In reality a thug did the same thing it would never fly. Best bet would be to charge him with the Harassment and Criminal Trespass I. Easy convictions. I doubt a Burg would pass prelims. In Alabama is there an enhancement on the same push if it was done on an officer in the course of his duties? Not coded in Alabama law. I'm pretty sure it would fall under Civil Rights section 1983 just as any other false arrest or excessive force would. That's way above my pay grade. An assault ON an officer would be a civil rights issue? Lol I misread your post. No upgrade on harassment if it's on a police officer, and good luck on it. Here the judge thinks being spit on, pushed or shoved is all part of our job. Here any unwanted contact whether it be a punch, shove or kick without injuries is harassment not assault. Assault needs injuries. |
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Posted: 10/26/2014 12:59:42 AM EDT
[#49]
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I hope the fuckin thugs spend/spent time in jail for assault and home invasion. only jail timefor BAD cops will stop the abuse. Quote HistoryQuoted:
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Good ruling. I hope the fuckin thugs spend/spent time in jail for assault and home invasion. only jail timefor BAD cops will stop the abuse. |
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Posted: 10/26/2014 1:48:33 AM EDT
[#50]
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Funny, I never had troubles like these when I was on the job. Yeah, I never had that conundrum either. |
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