Originally Posted by
sanitycheck
But seriously, why would the cop or the county be liable? The cop told the guy that what he was doing is dangerous, and presumably told him it's also illegal. Issuing a citation rather than a warning wouldn't have saved the guy. Physically impounding the bike or arresting the cyclist are the only things that would have guaranteed he get off the road, and I hope no one is going to argue that a cop should do these things every time they see a violation.
In this case, yes, that is exactly what they will probably argue at some point in a court. Whether they win or not...who knows...but think hot Mickey D's coffee and you'll see that it isn't at all far-fetched that the argument might fly.
We're not dealing with truth or justice here, we're dealing with the sad reality of our litigious society and the fact that no deed, good or otherwise, gets away for free.
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"Let us hope our weapons are never needed --but do not forget what the common people knew when they demanded the Bill of Rights: An armed citizenry is the first defense, the best defense, and the final defense against tyranny. If guns are outlawed, only the government will have guns. Only the police, the secret police, the military, the hired servants of our rulers. Only the government -- and a few outlaws. I intend to be among the outlaws" - Edward Abbey