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To: SUSSA
He committed battery when he grabbed the student who was leaving as instructed by the CSO.

WRONG.

Cops are not above the law. They can’t just batter people at will any more than you or I can.

They didn't break any law. You don't know the law.

If you were leaving a building and I came up to you and grabbed you that would be battery.

Again that is not true. You obviously have not read the statute on battery. I posted it for you before. Did you read it?

You seem to want to ignore the facts and operate some hypothetical situation that you make up as you go along.

You are an ignoramus.

California Penal Code section 242: "A battery is any willful and unlawful use of force or violence upon the person of another."

Grabbing a person by the arm to escort them out the door is not a use of force or violence.

Now where did you get your law degree? Did you find it in a box of Craker Jacks?

179 posted on 11/16/2006 10:35:16 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: P-Marlowe
Simple Battery
CALJIC 16.140 defines the elements that must be proved to make a finding of battery. This means that where these elements are not so proved, there cannot be a finding of guilty. The elements are:
“1. A person used force or violence upon the person of another and
2. The use was willful [and unlawful]."

Simple battery is a misdemeanor, punishable by a fine up to $2,000 or by imprisonment in a county jail up to 6 months, or by both fine and imprisonment.

Defenses

The use of lawful self-defense or defense of others may be used against a charge of either degree of battery. Where one reasonably believes that they are facing imminent bodily injury, they are allowed to defend themselves with the enough of a degree of force to ward off the imminent injury. Thus, this would make it lawful self-defense. The standard utilized is that of reasonableness. It must be reasonable, by an objective person’s standard, that the threat was there and the means used was reasonable.

###

In the situation we’re discussing there is no indication in any of the stories that there was any reason to believe the student was a threat to the cop or anyone else when he was leaving as instructed by the CSO. The cop had no more authority to grab him as he was leaving than you or I would have had. Cops can’t just wonder around grabbing people, even if you wish they could.

189 posted on 11/16/2006 10:51:30 AM PST by SUSSA
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To: P-Marlowe
Grabbing a person by the arm to escort them out the door is not a use of force or violence.

It is force.

Are you saying someone can just walk up to you and grab you and it isn't using force on you?

LOL

If you really think that, you are really strange.

If someone walked up to you and grabbed you by the arm I'll bet you would think he was using force on you. I don't expect you to admit it, but we both know you would.

197 posted on 11/16/2006 10:59:49 AM PST by SUSSA
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