Re: Dallas officer in off duty confrontation
Posted: Fri Feb 26, 2010 7:03 pm
Ego...
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Winner. Can't get to DOC with urinating. This is usually for Mooning/Flashing is how you see it enforced.KD5NRH wrote:Doubtful, unless he was facing the officer; "exposed" would generally require someone actually seeing the genitals, not just seeing something that implies their presence.Keith B wrote:I believe urinating in public would fall under disorderly conduct:
Most likely the only violation initially was Dallas city ordinance:(Now there's an odd use of defense to prosecution where an exception would be more appropriate.)SEC. 31-18. URINATING OR DEFECATING IN PUBLIC.
(a) A person commits an offense if he urinates or defecates:
(1) in or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place; or
(2) in public view.
(b) It is a defense to prosecution under this section if the person was in a restroom. (Ord. 14971)
On the other hand, one would hope that nobody with a CHL would be carrying while drunk and urinating in public...casingpoint wrote:The suspect in this case could have justifiably used deadly force in defense of himself against the out-of-uniform cop.
In other words, he drew his weapon because the drunk didn't respect his authority.gregthehand wrote:I'm on my phone so please forgive any gramatical errors.
He wasn't drawing for the class c he was drawing because of the non compliance.
gregthehand wrote:I'm on my phone so please forgive any gramatical errors.
He wasn't drawing for the class c he was drawing because of the non compliance.
As to someone else commenting about someone with a CHL getting in trouble. Well a CHL holder would have no duty nor right to detain this guy since it's only a class C but a peace officer would.
Once again just because the initial contact was over a class c does not mean that a show deadly force could not be used. That's like saying that if an officer on a traffic stop sees furtive movement from a driver they can't draw down on them. When a suspect is being non compliant an officer has to do what is necessary to take control of the situation and ensure officer safety.
Oh by the way. "I didn't hear the guy say he was a cop" or excuses to that affect or incredibly over used by people who break the law and then ignore a cop.
nitrogen wrote:In other words, he drew his weapon because the drunk didn't respect his authority.gregthehand wrote:I'm on my phone so please forgive any gramatical errors.
He wasn't drawing for the class c he was drawing because of the non compliance.
I am very curious what most police procedure says on matters like this. I am betting it does not allow this, nor should it.
I also wonder why an off-duty cop felt the need to interfere when nobody was being hurt. I also wonder what most dept. policy says about this.
That's a lofty thought, but there's gotta be more than one Aggie out there with a CHL...one would hope that nobody with a CHL would be carrying while drunk and urinating in public...