09-26-2016, 09:35 PM
(09-26-2016, 06:47 PM)fredtoast Wrote: That is a good question.
Why did you? Is throwing a phone in the air a sign of criminal activity?
I'd be happy to explain. To most teenagers their phone is almost more important than their life. They use it for anything, it's their lifeline. If you doubt me try and punish a teenager by taking their phone and see their response. A teenager throwing a large smart phone around and in the air is very unusual. A teenager risking breaking their smartphone, something they cannot replace themselves? My immediate thought was that he had a stolen phone, which turned out to be 100% correct.
(09-26-2016, 08:02 PM)fredtoast Wrote: Any comments that puts a reasonable person in fear is illegal. Since you have no legal authority to threaten the guy with consequences just for being in an area open to the public then it WAS an illegal threat.
Now it is your turn. Why was it NOT an illegal threat.
Incorrect, another basic legal error on your part. A criminal threat only occurs when a threat is made that the victim could reasonably believe you intended to carry out. I made no threat, hence you are completely wrong. If I had said, get out of here or I'll beat the dog shit out of you then you have the makings of a criminal threat. Do your best lawyer impression and explain to the class how you'd prove a threat was made based on my description of the event.
Quote:When is one citizen allowed to tell another that he can not be in a certain area open to the public?
Anytime they want, as long as they don't threaten them. A guy comes up to me at a park and states, I don't want you here. My response is, good for you and I don't care. The guy leaves. No crime has occurred.
(09-26-2016, 08:04 PM)fredtoast Wrote: You have no authority to tell a citizen that he can not be in an area open to the public.
I have the right to say whatever I want as long as it does not cross into the area of a threats. No threat was made, I exercised my 1st amendment rights then you wet your pants. Can you please stop pretending to be a lawyer now? The mask has completely slipped off, dude.
(09-26-2016, 08:30 PM)bfine32 Wrote: Sure you do. Enforcing it is another matter.
Bingo! You know more about the law than a "lawyer". Fred still can't tell us how this kid's rights were violated because he doesn't know what is missing that is required to prove a violation of rights.
