imported post
Honestly, I would not expect anything better out of any urban California Police Officer, however; I would expect better out of a rural California Police Officer.
For some reason, urban Officers think that they are above the Law.
If I were the District Attorney James P Fox, of San Mateo County in the East Palo Alto Area, I would send a letter to The East Palo Alto Police Deaprtment reminding them that such statements could be considered a Crime.
More specifically: California Penal Code 422, which provides, further:
-422. Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
For the purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to,
telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.
Furthermore, harassment of 'Bay-Area' Open Carriers would not be tolerated, and I would issue documents to all Local Law Enforcement Agencies, similiar as to how The Los Angeles and Orange Counties District Attornies Offices's did, to remind them that Open Carry, in and of itself, is not Unlawful anddoes notgive rise to Criminal Activity or Reasoanble Articulabe Suspision to believe suchwas, is, or had committ/occur (ed/ing/ed).
As for this Officer, in addtion to Penal Code 422 above, I would also seek to have Him removed for His position of Trust with The Local Government. Thnakfully, though, it appears that this may occur or has already happened.
