Where is the complaint from the citizen? Without that there is no PC for the arrest.
We aren't going to agree on this, and that's okay. We are both just repeating our positions at this point.
Last edited by Lerxst; 07-23-09 at 05:08 PM.
ZETTEL, COMMONWEALTH vs., 46 Mass. App. Ct. 471
Show me where there were complaints from the citizens in the other cases mentioned in the link, where the statute was upheld.
EDIT: Most of those cases were also cases where the disorderly conduct was being directed at the police.
[quote=Lerxst;1058152528]No, the man was obviously upset at how he had been treated.[quote]
Yeah, it was so awful. He breaks into a house, and the cop that arrives asks him to show some ID. The nerve of that racist cop!
The cop observed the behavior himself. In fact, on public disorderly charges he almost always has to be the witness, unless the accused has committed an act of assault or destruction of property.
Wake up and stop kissing PC ass.
Last edited by Scarecrow Akhbar; 07-23-09 at 05:26 PM.
2001-2008: Dissent is the highest form of patriotism.
2009-2016: Dissent is the highest form of racism.
2017-? (Probably): Dissent is the highest form of misogyny.
In the Gates case the level of behavior did not rise to the same degree as that of the defendants in the cases cited. I don't have to reference citizen complainants in those cases because they are not relevant to the argument I am making about the circumstances of THIS case. I cited that case for two reasons:
- It had the statutory definintion of the crime in question
- It provided an example of what disorderly conduct was not.
In those cases the elements of the crime were different than in the Gates case. There were additional factors such as public intoxication, resisting apprehension, fighting, etc. It wasn't just a subject yelling at the cops. Which is all that Gates did.EDIT: Most of those cases were also cases where the disorderly conduct was being directed at the police.
No it's not. The police did not observe a criminal act, and that is the problem. Police observed a man who was upset and yelling at them. That's it. There was no crime being committed for them to observe, thus no PC.The police observing the conduct IS probable cause.
Horse****. Don't talk about things you obviously know nothing about.In fact, on public disorderly charges he almost always has to be the witness,
Citations or just stfu before you make an even bigger fool of yourself. I did this job for a decade and a half smart guy, let's go down this road.unless the accused has committed an act of assault or destruction of property.
Go back to **** talking Obama, it's about all you're good at.Wake up and stop kissing PC ass.