I have to agree with Gruss, given the situation, I think maybe the officer could have (I'd even go so far as to say should have) handled it better, but that does not take away from the fact that he was, technically, assaulted.
On Thu, Apr 28, 2011 at 12:30 PM, Eric Roberts <[email protected]> wrote: > > Pushed her away? He slapped her hard enough to turn her head... > > -----Original Message----- > From: Casey Dougall [mailto:[email protected]] > Sent: Thursday, April 28, 2011 11:07 AM > To: cf-community > Subject: Re: IHOP Cop Punches Lady in the face > > > On Thu, Apr 28, 2011 at 11:52 AM, Gruss Gott <[email protected]> wrote: > >> >> Ray Champagne <[email protected]> wrote: >> > >> > engaging them in a fight. That is not police work, that is a thug >> > in action. >> > >> >> If you think the law leaves too much discretion then there are lots of >> things you can do to try to change the law and/or procedures. >> >> If you're not willing to do anything to try to change the law, then >> you're de facto agreeing with it. >> >> So, there's the choice for us all: accept that the law is correct how >> it is, or tell the law enforcement community that you know better >> >> > Looks to me the cop still was ok with how he handled the situation. > > He pushed her away with a somewhat free hand while restraining another > suspect, she then fought back which lead the officer to protect himself > while he restrained her. Case closed. > > http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/jury-instruc > tions/criminal/pdf/7460-resisting-arrest.pdf > > SUPPLEMENTAL INSTRUCTIONS > > 1. Police use of unreasonable or excessive force. A police officer may not > use unreasonable or excessive force in making an arrest. A person is allowed > to use reasonable force to protect (himself) > (herself) from physical harm when unreasonable or excessive force is used. > If a police officer uses unreasonable or excessive force to make an arrest, > the person who is being arrested may defend (himself) (herself) with as much > force as reasonably appears necessary. The person arrested is required to > stop resisting once (he) (she) knows or should know that if he stops > resisting, the officer will also stop using unreasonable or excessive force > . > If there is some evidence that the police used unreasonable or excessive > force, the Commonwealth must > > prove beyond a reasonable doubt that the defendant did not act in > self-defense. > > To prove that the defendant did not act in self-defense, the Commonwealth > must prove at least one of the following three things beyond a reasonable > doubt: > > First: That the defendant did not reasonably believe that the police officer > was using unreasonable and excessive force and putting the defendant's > personal safety in immediate danger; or > > Second: That the defendant did not do everything that was reasonable in the > circumstances to avoid physical combat before resorting to force; or > > Third: That the defendant used more force to defend > (himself) (herself) than was reasonably necessary in the circumstances. > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:337047 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
