RE: Too Rough, Or Doing His JOb?

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RE: Too Rough, Or Doing His JOb? - 7/5/2007 12:14:06 PM

Alumbrado

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quote:

The real key to this in the "breaking" part of the phrase.

At the risk of starting another derail, the 'breaking' part of 'breaking and entering' refers to breaking the imaginary plane of the building's walls, even through an open door or window.
Classic example is taking pies cooling on the open window sill, versus pies on the counter inside the same open window... break the plane with intent to commit a crime (pie-napping), and it is typically charged as burglary.
Stay outside, and larceny is more apropos.

Quite right though, that violently smashing through a door would go a long way toward supporting the presumption of imminent danger on the part of those inside.

< Message edited by Alumbrado -- 7/5/2007 12:31:40 PM >

(in reply to farglebargle)

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RE: Too Rough, Or Doing His JOb? - 7/5/2007 12:35:18 PM

GrizzlyBear

Posts: 278
Joined: 3/26/2004
From: Missoula Montana
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quote:

ORIGINAL: Sinergy

quote:

ORIGINAL: bifemaleNeeded

Skateboarding is a sport, a bicycle is a mode of transportation. Would you snow ski down the sidewalk because there is snow on it? The sidewalk is for the use of pedestrians. Laws against certain activities are for the protection of the pedestrian. You want to engage in a sport, go to a area reserved for that sport. Don't insist others accept the risk of your chosen sport by insisting it is other then it is.

Please provide a link showing the legal distinction between bike riding as a mode of transportation and skateboarding as a sport.

I used to ride my skateboard all over the place to go from point A to point B.

The US legal system really is not set up to allow one to make up the rules of the game as they go along.

Sinergy

p.s. Unless one is President, of course.

In my state, bicycles are declared in state law to be vehicles and while on a public roadway are therefore subject to the laws of the road that other slow vehicles must obey. Skateboards are not covered in that law. However in my city, both bicycle riding and skateboarding are prohibited on downtown sidewalks. (Nothing is said about skiing there, although there is an ordinance that states snow and ice must be removed from sidewalks by 9 AM each day.) Violations are punishable by jail time or fines. I would imagine that it is not unlikely for Hot Springs AR to have similar ordinances. It is certainly within the power of a city government to make such ordinances, and to enforce them.

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GrizzlyBear

"Come to the edge," he said.
They said, "We are afraid."
"Come to the edge," he said.
They came. He pushed them. And they flew.
~Guillaume Apollinaire

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RE: Too Rough, Or Doing His JOb? - 7/5/2007 3:16:09 PM

velvetears

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Joined: 6/19/2006
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quote:

ORIGINAL: MasterC46910

quote:

ORIGINAL: velvetears

i think the cop was on a power trip and went overboard. They were skateboarding not selling illegal drugs or some other REAL crime.

There are laws against skateboarding on crowed sidewalks for a reason. Sidewalks are for the safe travel of pedestrians. Same reason there are laws about riding bicycles on the sidewalk. It is dangerous to pedestrians. When you break a law and put people in harm, that is breaking a real law.

i didn't say "real law" i said "real crime". If the police invest that much energy into arresting skate boarders they must have a lot of time on their hands. What do they do if they catch drug dealers - shoot them? In this case the "crime" did not fit the exessive action the cops took - imo.

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