You are cop for a day, what do you do???

[KG1]

I don't understand why you started, you quoted people who already made the point only to have it made again?

That was the intended plan. Someone else gets the reason. Has something to do with a friendly discussion in another thread and for the record I already knew that there wasn't a specific "brandishing" law.

 

[MikeDVB]

That was the intended plan. Someone else gets the reason. Has something to do with a friendly discussion in another thread and for the record I already knew that there wasn't a specific "brandishing" law.

Yeah, I just don't understand your intent is all.

 

[92ThoStro]

Yeah, I just don't understand your intent is all.

*takes aspirin*

 

[Bob Shoemaker]

You are probably arrested.
Keep it in your pants.
A decent lawyer gets you off.

 

[Bunnykid68]

Do tell.

>

 

[Fargo]

I would leave the gas station immediately and go hassle rhino. Maybe just drive behind him all day. Turn the lights on and then off again real quick. Use the PA to make funny sounds when he gets out to teach. You know, important public safety work.

As to the original scenario:

1. To me, everyone is not guilty. It's hard to shake that perception.

2. Maybe Crim Reck? Weeeellllll, no one was hurt, so don't think so.

3. Pointing a Firearm? Need high prob or conscious object. No got here.

4. Brandishing? Are we in frickin' Virginia again?

5. Maybe, just maybe misdemeanor Intimidation based on the Johnson case?? But that requires high prob or conscious object too.

What do you think, Joe?

I personally don't think there is a colorable crime out of it in Indiana. I don't see intimidation as there is no clear intent or specific threat and nor is there prior lawful act or future conduct. It ain't against the law to scare him unless you are doing it for such a reason.

The closest I can see is Crim Reck but since there already is a same level felony for Pointing a Loaded Firearm with a higher mens rea; I am skeptical that Crim Reck encompasses recklessly pointing a firearm. Reckless discharge absolutely, but I just don't think pointing gets you there.

Of course, what actually happens is going to depend in a lot of ways where you are. If you are on the 38th St. corridor in Marion Co I would expect to go to jail and there to be a good chance that the prosecutor files.

The more rural you go, IMO the more likely that the police/prosecutor are more understanding.

Best,

Joe

 

[Dirtebiker]

So brandishing is LEGAL in Indiana now????

Are you an officer? Even if not, look it up! There is NO "brandishing" law in Indiana!

 

[Kirk Freeman]

Had something similar (pocketknife and flower vase [yes, really, it's Lafayette, don't make me explain] waved about) prosecuted as misdemeanor Intimidation in a hospital (new boyfriend walked into Baby Momma's room after birth of Baby Daddy's child).

However, jury acquitted him in half an hour.

 

[Dirtebiker]

I would arrest him for brandishing.

Do tell.

About brandishing laws in Indiana. I was just curious.

That was the intended plan. Someone else gets the reason. Has something to do with a friendly discussion in another thread and for the record I already knew that there wasn't a specific "brandishing" law.

If you "already new that there wasn't a specific 'brandishing law' ", then what is all of the above about?

If you were a cop, you would arrest someone for something that you admit you KNOW is not a law!? I'm GLAD your NOT!!!!!

 

[MikeDVB]

If you "already new that there wasn't a specific 'brandishing law' ", then what is all of the above about?

This is exactly what I was wondering myself... I just don't get the intent or purpose. Ah well.

 

[inccwchris]

Based on the evidence being presented I would probably hook and book for criminal recklessness. Thats what the clerk says happened based on his testimony that you pulled a gun on him, the video shows you pulling your gun out with the firing hand, and of course you are gonna say different. It is not the job of the police to determine your innocence or guilt. The video shows you pulling a gun on the clerk, the clerk states you pulled a gun on him, and when you were cuffed and frisked for weapons the gun he described is in your pocket.

Thats an open and shut case, regardless of intent from the view of the arresting officer. You are going to jail for criminal recklessness, you are going to go to trial, and unfortunately you would probably be convicted. In this scenario you are not seeing everything we have seen on the forum. We do not KNOW that the suspects story is true. As far as we could tell, he was lying and the evidence supports the charge. That would be IC 35-42-2-2. With all the evidence against you, that would be a tough case to beat.

a) As used in this section, "hazing" means forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection (b) is:
(1) a Class A misdemeanor if the conduct includes the use of a vehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
(e) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if the offender was an adult.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3.

 

[Signal23]

Are you an officer? Even if not, look it up! There is NO "brandishing" law in Indiana!

No I am not an officer, and I have clearly stated that in other posts.
I have looked it up and while the word "Brandishing" is not in the code, THE ACT OF BRANDISHING CLEARLY is.

 

[GLOCKBOY]

If I was a cop for a day I would put red/blue lights on my motorcycle and set a new personal best time for Illinois to Ohio toll road run.

 

[Signal23]

Based on the evidence being presented I would probably hook and book for criminal recklessness. Thats what the clerk says happened based on his testimony that you pulled a gun on him, the video shows you pulling your gun out with the firing hand, and of course you are gonna say different. It is not the job of the police to determine your innocence or guilt. The video shows you pulling a gun on the clerk, the clerk states you pulled a gun on him, and when you were cuffed and frisked for weapons the gun he described is in your pocket.

Thats an open and shut case, regardless of intent from the view of the arresting officer. You are going to jail for criminal recklessness, you are going to go to trial, and unfortunately you would probably be convicted. In this scenario you are not seeing everything we have seen on the forum. We do not KNOW that the suspects story is true. As far as we could tell, he was lying and the evidence supports the charge. That would be IC 35-42-2-2. With all the evidence against you, that would be a tough case to beat.

a) As used in this section, "hazing" means forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection (b) is:
(1) a Class A misdemeanor if the conduct includes the use of a vehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
(e) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if the offender was an adult.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3.

reps inbound
Very possible

 

[public servant]

Keep it in your pants.
A decent lawyer gets you off.

I hear this one is pretty good at it.

RTV6 - Attorney, judge Lisa Traylor-Wolff accused of having sexual relations with client at Indiana prison - Local Story

Allegedly of course.

Stay away from this one, though. She's...a freak!

http://www.wishtv.com/dpp/news/local/marion_county/cops-attorney-beat-boyfriend-officer

 

[TD12]

If I were a cop for a day, I would need to work probably double shifts to get everything I wanted to done.

My list of things I would do:
-See how fast I could stroke it, with the radar gun.
-How fast I could make the loop around 465.
-Acquire as much free stuff as possible, car washes, donuts, coffee.
-Pull people over randomly, to see how many would try and pay a bribe instead of take the ticket.
-Run into the street with my badge and commandeer as many vehicles as I could, then leave the vehicle a few blocks away and come back with the keys.
-Flip the lights on as I approach every red light, then back off as I clear the intersection.
-Drive as slow as I could around town, watching everyone else slowly staying behind me and not speeding.
-Drive up next to people, motion to roll their windows down and then take off.
- Grow a sweet mustache.
-Chug syrup, proclaim "The power comes from my lips"
-Make the rookie eat a bar of soap
-Take many naps on the side of the interstate.
-Try to best my radar "speed"

 

[public servant]

If I were a cop for a day, I would need to work probably double shifts to get everything I wanted to done.

My list of things I would do:
-See how fast I could stroke it, with the radar gun.

Mental note...

If I ever sell to or buy from TD12...no handshake.

 

[Fargo]

Based on the evidence being presented I would probably hook and book for criminal recklessness. Thats what the clerk says happened based on his testimony that you pulled a gun on him, the video shows you pulling your gun out with the firing hand, and of course you are gonna say different. It is not the job of the police to determine your innocence or guilt. The video shows you pulling a gun on the clerk, the clerk states you pulled a gun on him, and when you were cuffed and frisked for weapons the gun he described is in your pocket.

Thats an open and shut case, regardless of intent from the view of the arresting officer. You are going to jail for criminal recklessness, you are going to go to trial, and unfortunately you would probably be convicted. In this scenario you are not seeing everything we have seen on the forum. We do not KNOW that the suspects story is true. As far as we could tell, he was lying and the evidence supports the charge. That would be IC 35-42-2-2. With all the evidence against you, that would be a tough case to beat.

a) As used in this section, "hazing" means forcing or requiring another person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization;
to perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another person; or
(2) hazing;
commits criminal recklessness. Except as provided in subsection (c), criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection (b) is:
(1) a Class A misdemeanor if the conduct includes the use of a vehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in serious bodily injury to another person; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55) that results in the death of another person.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a Class C felony if committed by means of a deadly weapon.
(e) A person, other than a person who has committed an offense under this section or a delinquent act that would be an offense under this section if the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting from a report of hazing;
(3) employs a reporting or participating person described in
subdivision (1) or (2); or
(4) supervises a reporting or participating person described in subdivision (1) or (2);
is not liable for civil damages or criminal penalties that might otherwise be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed to act in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be treated as acting in bad faith solely because the person did not have probable cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if the offender was an adult.
As added by Acts 1976, P.L.148, SEC.2. Amended by Acts 1977, P.L.340, SEC.31; Acts 1981, P.L.300, SEC.1; P.L.323-1987, SEC.1; P.L.216-1996, SEC.17; P.L.1-2003, SEC.94; P.L.75-2006, SEC.3.

What is the legal definition of reckless and how do you think it is met here? Do you think it is criminal recklessness just because the gun was pulled? Or are you saying it is because it was pointed?

Thanks,

Joe

 

[Grizhicks]

ticket all the SOBs running red lights......

 

[CathyInBlue]

"How can you tell the good gun carriers from the bad gun carriers?"

"Nine times outta ten, the good guy's using a holster."