KeiserC
VIP Member
- Mar 18, 2017
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correction.... NOT arrested, but Ticketed.... (my mistake)
Indiana Criminal Code states “a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction,” which carries a penalty of up to $500. Now this statute is specific to Indiana, though I'm sure all 49 other states can't differ too much on this.
Can an argument be made for assuming that a 'Law Enforcement Officer' on the job essentially has to be of sound and reasonable mind? Is it reasonable to consider it a forgone conclusion that a hand gesture will not elicit a badge and gun carrying officer to "commit battery" upon seeing such a gesture; as opposed to an unknown individual who could be a sociopath, felon etc. etc. ?
I have seen some, particularly young male, officers use indiscretion over the years. Does this issue beg the issue on requisite training and temperament for our LEO's ?
ACLU lawsuit: ISP ticket for rude gesture violates rights
Indiana Criminal Code states “a person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery commits provocation, a Class C infraction,” which carries a penalty of up to $500. Now this statute is specific to Indiana, though I'm sure all 49 other states can't differ too much on this.
Can an argument be made for assuming that a 'Law Enforcement Officer' on the job essentially has to be of sound and reasonable mind? Is it reasonable to consider it a forgone conclusion that a hand gesture will not elicit a badge and gun carrying officer to "commit battery" upon seeing such a gesture; as opposed to an unknown individual who could be a sociopath, felon etc. etc. ?
I have seen some, particularly young male, officers use indiscretion over the years. Does this issue beg the issue on requisite training and temperament for our LEO's ?
ACLU lawsuit: ISP ticket for rude gesture violates rights
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