joeroket wrote:
jbone wrote:
Not to incite anything as I’m PRO LEO, father’s a retired COP. But let’s say a non-LEO walk’s up to a complete stranger and says:
"I could have taken your gun from you, and put a bullet in your head just now."
The stranger feels his life has been threatened and calls 911. Police respond. What next? Will that person be arrested? Stranger wants to file charges on the fact they have implied to commit harm buy the words spoken.
Introduce that person speaking the words carrying a gun; has this person violated any law by implying they could have committed murder while in possession of a gun? My not being a legal mined person or LE savvy is why I ask.
LEO or not, any person needs to exercise common sense and sound judgment when dealing with others, and choose their words wisely. Would be my guess the Officer’s were packing and failed to handle the encounter wisely as fellow citizens sense you say “No police powers were exercised
That scenario is exactly why the anticipatory laws are worded the way they are. You must take a substantial step towards commiting the crime. Just speaking the words "I could have...." does not fall under it.
Exactly right...the comment is opinion not a true threat as defined by case law. Change it to "I am going to...." it changes the entire context of the scenario. Would anyone be arrested for the scenario outlined above...gawd I hope not...cause you would be wearing the hat with the jackass ears for a long time. Are we going to try and find out what was going on, sure. Take any action other than suggest maybe you dont need to talk to each other, nope....no crime or potential for crime no action really needed.
Merely indentifying yourself as a police officer doesn't change the fact this was a contact between two adults expressing their opinions, belief, whatever, about the point of discussion. I wear shirts on occasion off duty that have my department logo on them. Anyone I talk with is going to know I am a police officer, but just like every other citizen I have the same right to express my opinion. For example I could tell someone, "Ya know, carrying openly here is the stupidest thing you could be doing; what are you thinking?" (opinion) Just like theanyone I was talking to could say "Who gives a rat screw what you think?" (opinion)Two grown men arguing....aGod given right. No color of authority violation, nothing, nada......Now if police action was takenbased on theirargument with no violation of law different story.
File a complaint with the employing agency as one writer suggested...go ahead, God given right of every American is that they can complain. Will it be sustained is another issue. Officers have the same right as any other citizen to express their belief's as long as it is not in the performance of their offical duty.
I agree with the last point posted above absolutely. Acting like adults goes a long way. Unfortunately common sense aint that common. Like I said one was representing himself much better than the other.
