OHP shooting.

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montesa

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Anyone who doesn't understand why the cop train is coming off the tracks needs to read this post. Sure it's slanted, but it's real. This is the way a large portion of law abiding citizens think of law enforcement officers.

It's true slanted or not. I've heard several people say they're more scared of police than criminals. The logic being, at least that can legally defend themselves against criminals. I don't feel that way but I've heard that a few times.
 

henschman

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Serious non-baiting question just because I want to know... does a man have the right the right to refuse assistance if he isn't any posing any direct danger to others? I was almost forced in an ambulance once but once I refused, they said ok and left. Is it not the same with police/troopers?

Sure you have a legal right to refuse assistance.

The question in a case like this is whether there is any legal authority for police to order someone to stop engaging in a dangerous activity that is not putting anyone else at risk, and to force compliance if they refuse. It is pretty dubious, but if I was a DA trying to make a case stick in that kind of situation, I would try 21 O.S. 280: http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=391820 which says:

A. It is unlawful for any person, alone or in concert with others and without authorization, to willfully disturb, interfere or disrupt state business, agency operations or any employee, agent, official or representative of the state.

B. It is unlawful for any person who is without authority or who is causing any disturbance, interference or disruption to willfully refuse to disperse or leave any property, building or structure owned, leased or occupied by state officials, employees, agents or representatives or used in any manner to conduct state business or operations after proper notice by a peace officer, sergeant-at-arms, or other security personnel.

C. Any violation of the provisions of this section shall be a misdemeanor punishable by imprisonment in the county jail for a term of not more than one (1) year, by a fine not exceeding One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

D. For purposes of this section, "disturb, interfere or disrupt" means any conduct that is violent, threatening, abusive, obscene, or that jeopardizes the safety of self or others.

It is pretty vague, and could definitely be challenged on those grounds, but one possible interpretation of it is that if a cop is engaged in agency operations of rescue and promoting public safety, knowingly doing anything that puts yourself in danger in his presence is a misdemeanor. There are probably judges in this state who would interpret it that way.

But since that justification is on pretty shaky ground, what I would do if I was a cop wanting to stop this kind of conduct (and if I had defective morals) would be to tell them to stop, and if they didn't, drag them out by force, arrest them on charges of resisting an officer, and concoct an official story and report saying that I approached to offer assistance, suggesting that they leave the water, when they became angry and attacked me. I would also probably say they smelled of alcohol and appeared intoxicated, and tack on charges of public intox to further bolster my case. If one of them ended up getting shot over the deal, it would be even more important that the official record of the incident make it sound as justified as possible.

But I'm not a cop, so that's neither here nor there.
 

TedKennedy

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Just so you don't think I'm too slanted - I posted back then giving kudos to 2 other SPD cops that were very professional, and courteous during that event. (no surprise that they were older fellows)
 

RyanSixer

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A thought came into my head. Thinking of laws that require seat belts in vehicles or helmets on motorcycles, part of me says "if it doesn't hurt anyone else, go for it." Another part thinks of the people who have to scrape you up off of the asphalt.
 

TedKennedy

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A thought came into my head. Thinking of laws that require seat belts in vehicles or helmets on motorcycles, part of me says "if it doesn't hurt anyone else, go for it." Another part thinks of the people who have to scrape you up off of the asphalt.

Follow that logic through -
Maybe we should limit food intake to prevent 500lb heart patients? I mean, there's an epidemic of nurses with back problems because of overweight patients.

Mandatory diet and exercise? Outlaw cigarettes?
 

henschman

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A thought came into my head. Thinking of laws that require seat belts in vehicles or helmets on motorcycles, part of me says "if it doesn't hurt anyone else, go for it." Another part thinks of the people who have to scrape you up off of the asphalt.

My thoughts on that are that we all make our own decisions and live with the consequences -- which includes the choice of taking a job as an "asphalt scraper." If you can't handle gruesome scenes and death, maybe being a first responder isn't the job for you.
 

RyanSixer

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My thoughts on that are that we all make our own decisions and live with the consequences -- which includes the choice of taking a job as an "asphalt scraper." If you can't handle gruesome scenes and death, maybe being a first responder isn't the job for you.

Follow that logic through -
Maybe we should limit food intake to prevent 500lb heart patients? I mean, there's an epidemic of nurses with back problems because of overweight patients.

Mandatory diet and exercise? Outlaw cigarettes?


Noted. Another reasonable side to the coin.
 

sh00ter

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