Bandanna Wearing Man NOT Robbing the Pharmacy

user · Feb 14, 2016

Btw, as to the original question, the fact that he was wearing a mask gave them probable cause to detain, and thus to search. I wonder whether his "health reason" was related to the cold weather. Interesting that there is no exemption for cold weather clothing - I just came in from taking the dog out with a watch cap covering my eyebrows up and a scarf from my eyeglasses down. My wife asked me whether there was a husband in there, or was it the invisible man. Of course it was not my intention to conceal my identity, that was incidental. This is one of those crimes that's really created to tack on for additional punishment when they get someone for burglary, rape, robbery, murder, etc. I'd repeal it if I were king.

I wonder what the weapon was. I had a client recently who got arrested for concealed weapon because he had a kitchen knife in his car.

And "creating a public alarm"? what's the code section for that one, I wonder. This one, perhaps?

§ 18.2-415. Disorderly conduct in public places. —

A person is guilty of disorderly conduct if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

A. In any street, highway, public building, or while in or on a public conveyance, or public place engages in conduct having a direct tendency to cause acts of violence by the person or persons at whom, individually, such conduct is directed; or

B. Willfully or being intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts any funeral, memorial service, or meeting of the governing body of any political subdivision of this Commonwealth or a division or agency thereof, or of any school, literary society or place of religious worship, if the disruption (i) prevents or interferes with the orderly conduct of the funeral, memorial service, or meeting or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed; or

C. Willfully or while intoxicated, whether willfully or not, and whether such intoxication results from self-administered alcohol or other drug of whatever nature, disrupts the operation of any school or any activity conducted or sponsored by any school, if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed.

However, the conduct prohibited under subdivision A, B or C of this section shall not be deemed to include the utterance or display of any words or to include conduct otherwise made punishable under this title.

The person in charge of any such building, place, conveyance, meeting, operation or activity may eject therefrom any person who violates any provision of this section, with the aid, if necessary, of any persons who may be called upon for such purpose.

The governing bodies of counties, cities and towns are authorized to adopt ordinances prohibiting and punishing the acts and conduct prohibited by this section, provided that the punishment fixed therefor shall not exceed that prescribed for a Class 1 misdemeanor. A person violating any provision of this section shall be guilty of a Class 1 misdemeanor.

Bandanna Wearing Man NOT Robbing the Pharmacy

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