Posted on 12/28/2018 5:03:09 PM PST by grundle
This brand new video from Atlanta, Georgia, shows a store employee assaulting a customer for wearing a pro-Trump shirt. The assault occurs at 0:36
https://www.youtube.com/watch?v=65b7YuGOYMw
BKMRK for later
Are you saying an officer must witness an assault before an arrest is made?
Thank you.
I vaguely recall that the liability laws regarding property owners draw a distinction between simple trespassers on the property and "invitees"; that is, people who have been invited to be on the property.
In this case the customer taking the video starts out as an invitee. He has every reason to believe that he is welcome to engage in a transaction with the business. I'm not sure what legal implications this might have, but it might burden the business with duties they wouldn't have if the person they are trying to eject entered the store during non-business hours, for example.
Similarly, in contract law, an offer to sell followed by an acceptance of the offer constitutes a contract. Does the display of merchandise with marked prices constitute an offer to sell? Does asking to purchase a marked item constitute an acceptance of an offer? Perhaps the circumstances in the video depict a verbal contract between the parties and the clerk was attempting to violate the terms of that contract.
I can see possibilities for this situation to be other than just a trespassing incident.
Do I understand that the clerk has been fired? It might be interesting to know what the owner's intentions are with respect to the customer. Even if the clerk was acting outside his delegated authority, there could be liability for the owner if the clerk was not adequately trained.
We live in interesting times.
William Shakespeare's Henry VI, Part 2, Act IV, Scene 2
I wonder if Jews in 1930’s Germany were a protected class?
The clerk was 100% jerk-wad millennial.
Earned a night at the gray-bar if you ask me.
Swing at me and I probably get locked up for breaking his nose.
LOL!! Wonder how many places this guy and his camera went into to get some little creep to go ballistic? He was in a private business. If the cops were to come who do you think would be in trouble? Not the clerk. I’m just sayin’
If the “assault” is classified as a misdemeanor, the officer must witness the assault in order to arrest a suspect. This is true in most cases with the exception of certain theft offenses.
Sadly there are people on this site that WOULD/DO have a problem with you not surrendering your right to express your opinions for simply wearing clothing in a public space...
In fact it appears they would support your arrest for said offense according to their posts...
SAD!
Is there a defining line between Misdemeanor and Criminal?
Is it blood?
It’s by statute.
Usually a “simple” assault (misdemeanor) would be someone taking a swing at someone or pushing a person. From there it escalates into (again, I’m not versed in Georgia law) Felonious Assault, Assault with a Deadly Weapon, and upward. It depends on the force used, the injuries received that would determine the severity of the crime.
If I hit you with a fist, you fall and strike your head against a table and suffer a cracked skull, what may have started out as a simple assault has escalated to a felonious assault.
If I hit you with a baseball bat...now I’ve used a weapon and the charges would be more severe. Again, it’s more of a cause and effect thing.
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School district to pay $25K to student who sued to wear pro-Trump shirt
FWIW...it’s all criminal.
The difference would be between a misdemeanor and a felony. The usual difference is length of incarceration as punishment.
A misdemeanor is usually punishable by up to 1-year imprisonment in a county jail.
A felony is a crime that the defendant could be incarcerated over a year in a state facility.
Hope this makes some sense.
Is there such a charge as ‘attemped assualt’? Got him dead to right on that one.
I foresee a market for “Do my bidding” Trump swag.
“it is he clerks right to refuse service for what ever the bullshit reason.”
Don’t knuckle under with a limp spine unless you’re not capable of that type of confrontation anymore.
Absolutely spot on point!
“Refusing service for political beliefs is fairly construed as a civil rights violation.”
I believe the confrontation was warranted but there’s no civil rights violation.
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