It sounds as if the court punted on the disorderly conduct charge in order to prevent a lawsuit against the officers.
1 posted on
07/25/2009 9:30:24 AM PDT by
marktwain
To: marktwain
at least he got the important part of the ruling correct.
2 posted on
07/25/2009 9:35:47 AM PDT by
Always Right
(Obama: more arrogant than Bill Clinton, more naive than Jimmy Carter, and more liberal than LBJ.)
To: marktwain
Sounds like a reasonable ruling (disorderly conduct), but, I have to question the circumstances of his "checking his fireman" to be sure it was secure.
Was he asked if it was secure? Did the policeman say something to the effect of..."it's unsheathed, or unsnapped, or not holstered securely/properly", then he "checked" it?
What caused him to "check it"?
5 posted on
07/25/2009 9:52:15 AM PDT by
papasmurf
(RnVjayB5b3UsIDBiYW1hLCB5b3UgcGllY2Ugb2Ygc2hpdCBjb3dhcmQh)
To: marktwain
There needs to be an Obama type reform to disorderly conduct. It seems to have become the catch-all arrest for whenever the law does not apply. I understand the intention but it seems the interpretation is far too open and applied randomly.
6 posted on
07/25/2009 9:52:49 AM PDT by
Naspino
(Not creative enough to have a tagline.)
To: marktwain
“First, it had to find that Mr. Woodard was “acting in a state of violent agitation.”
No way any reasonable person jumps from “checking if a firearm is secure on his belt” to “violent agitation”. In my opinion, “disorderly conduct” is a B.S. charge. Threatening a police officer would be disorderly conduct.
To: marktwain
Fron what is written, I don’t see the disorderly conduct charge. It appears the judge wants to ensure cops have a catchall basis for arrest.
To: marktwain
First, it had to find that Mr. Woodard was "acting in a state of violent agitation." The sole fact used to support this finding was the undisputed and admitted fact that Mr. Woodard checked his gun more than once to see if it was secure on his belt. Second, the court had to conclude that a reasonable (even though mistaken) officer could have concluded that Mr. Woodard's "violent and tumultuous" action of checking his gun was aimed at certain people. Third, the court had to find that those people were placed in reasonable fear of their safety.This 55 years ago would have caused the officers to be fired, as well as the judge. How absolutely insane to believe that checking to make sure a holster is still secured to a belt to be acting in a menacing manner. Our "justice" system is so broken there's no way to repair it.
15 posted on
07/25/2009 4:06:45 PM PDT by
wastedyears
(The Tree is thirsty and the hogs are hungry.)
To: marktwain
Mr. Woodard should file federal criminal charges against the cops for violating his constitutional rights under color of law.
16 posted on
07/25/2009 4:17:25 PM PDT by
SUSSA
To: marktwain
17 posted on
07/25/2009 4:44:51 PM PDT by
SuperLuminal
(Where is another agitator for republicanism like Sam Adams when we need him?)
To: marktwain
Sure sounds like the “Court” is trying to protect the two cops!
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