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To: justkate

First: defendant engaged in tumultuous behavior - CHECK.

Second: defendant’s actions were reasonably likely to affect the public - CHECK.

Third: defendant either intended to cause public inconvenience, annoyance or alarm, or recklessly created a risk of public inconvenience, annoyance or alarm - CHECK.

Seems to me like he was arrested because, I don’t know - HE WAS ACTING AGAINST THE DISORDERLY CONDUCT LAW!

(Can someone show me, where it reads, “If you are on your own property, this law does not apply to you!” - I missed that paragraph.)


231 posted on 07/30/2009 10:14:09 AM PDT by ExTxMarine (For whatsoe'ver their sufferings were before; that change they covet makes them suffer more. -Dryden)
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To: ExTxMarine
Can someone show me, where it reads, “If you are on your own property, this law does not apply to you!”

One of the elements the Commonwealth must prove beyond a reasonable doubt that the defendant's actions were reasonably likely to affect the public & cause a public inconvenience.

"Public" as defined by the Instruction 7.160:

"For the defendant to be found guilty, his (her) actions must have been reasonably likely to affect the public, that is, persons in a place to which the public or a substantial group has access."

I s'pose that lying on your bed, muttering into your pillow, "This is what happens to a Black/White Man/Woman in America", then privacy or property rights come into play.

But looks like your front porch which is 15' from a public way in Cambridge doesn't cut it.

233 posted on 07/30/2009 10:38:14 AM PDT by justkate
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