Bike Thief Takedown
08-04-11 | 02:13 PM
#51
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You were lucky you weren't sued... Doesn't mean that you couldn't have been... and that you wouldn't loose...
I didn't pepper spray a random bum, I pepper sprayed a bum who accosted me, threatened me, and then followed me through the nearly empty streets on my way back to the hotel, then after being warned to keep his distance, approached me in menacing manner... Frankly he was lucky he wasn't back in Texas with me, where my defense option would not have been non-lethal... It was the cop who explained California code, which I later confirmed...
Laws covering citizens arrest are considered "blue laws" for a reason. A citizen has none of the protections against liability that a police officer has. In short, even if the "arrest" is warranted, you can be successfully sued for that arrest and any issues the person wishes to claim...
I didn't pepper spray a random bum, I pepper sprayed a bum who accosted me, threatened me, and then followed me through the nearly empty streets on my way back to the hotel, then after being warned to keep his distance, approached me in menacing manner... Frankly he was lucky he wasn't back in Texas with me, where my defense option would not have been non-lethal... It was the cop who explained California code, which I later confirmed...
Laws covering citizens arrest are considered "blue laws" for a reason. A citizen has none of the protections against liability that a police officer has. In short, even if the "arrest" is warranted, you can be successfully sued for that arrest and any issues the person wishes to claim...
Were you charged or sued? How long did you spend in jail and how big was the fine? How much did the bum get when he sued you?
08-04-11 | 02:31 PM
#52
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Nope. That was what the cop was telling me. If I pressed charges against the bum for his assault, my name would become public record. Making it a simple matter for the bum to sue me... By not pressing charges, the bum didn't have any way to identify me, so therefore no suit... That was the cops point... even though I was legally justified to use the pepper spray, and even if the court agreed, the bum could still sue me... and pressing charges would give him the information he needed to do so... Yet another reason, I consider California a cess pool...
08-04-11 | 02:58 PM
#53
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Nope. That was what the cop was telling me. If I pressed charges against the bum for his assault, my name would become public record. Making it a simple matter for the bum to sue me... By not pressing charges, the bum didn't have any way to identify me, so therefore no suit... That was the cops point... even though I was legally justified to use the pepper spray, and even if the court agreed, the bum could still sue me... and pressing charges would give him the information he needed to do so... Yet another reason, I consider California a cess pool...
So let me get this straight, nothing at all happened to you. You did not go to jail, you did not get fined, you were not even charged with anything. If you had violated the law you would have been taken to jail and charged.
Let me explain what really happened there. Cops hate paperwork. By convincing you that a bum in the street that can't rub two twenties together could get a lawyer to sue you, he talked you out of pressing charges. Since you are not pressing charges, he doesn't have to arrest the bum, fill out an incident report, or book the bum into jail. He also doesn't have to show up to court later if called as a witness. By scaring you he saved himself a lot of paperwork for something he didn't think was worth it.
08-04-11 | 03:06 PM
#54
Senior Member
Joined: Sep 2007
Posts: 3,741
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From: Gaseous Cloud around Uranus
^ We have a winner,THIS is how cops think.
Yeah,for paintball justice.
That fellow that got away is real lucky,he wouldn't have known his own name if I caught him.
Sorry,no sympathy for thieves and the police are going to do nothing.
The only way the cops are going to look for a bicycle is if you tell them your child was in the rear child seat when it was stolen.
Yeah,for paintball justice.
That fellow that got away is real lucky,he wouldn't have known his own name if I caught him.
Sorry,no sympathy for thieves and the police are going to do nothing.
The only way the cops are going to look for a bicycle is if you tell them your child was in the rear child seat when it was stolen.
Last edited by Booger1; 08-04-11 at 03:28 PM.
08-04-11 | 03:29 PM
#55
Fredly
Joined: Jun 2010
Posts: 477
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Bikes: Surly Long Haul Trucker w/ SRAM Rival, & 36H 38's, Late 70's Santana Tandem w/ Double Diamond frame
Wish they had used pepper or water balls: https://www.pepperball.com/products.html
I've used the water balls before. Those things are great for unwanted large animals that eat rose bushes.
I've used the water balls before. Those things are great for unwanted large animals that eat rose bushes.
08-04-11 | 06:15 PM
#56
Banned.
Joined: Jul 2010
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So let me get this straight, nothing at all happened to you. You did not go to jail, you did not get fined, you were not even charged with anything. If you had violated the law you would have been taken to jail and charged.
Let me explain what really happened there. Cops hate paperwork. By convincing you that a bum in the street that can't rub two twenties together could get a lawyer to sue you, he talked you out of pressing charges. Since you are not pressing charges, he doesn't have to arrest the bum, fill out an incident report, or book the bum into jail. He also doesn't have to show up to court later if called as a witness. By scaring you he saved himself a lot of paperwork for something he didn't think was worth it.
Let me explain what really happened there. Cops hate paperwork. By convincing you that a bum in the street that can't rub two twenties together could get a lawyer to sue you, he talked you out of pressing charges. Since you are not pressing charges, he doesn't have to arrest the bum, fill out an incident report, or book the bum into jail. He also doesn't have to show up to court later if called as a witness. By scaring you he saved himself a lot of paperwork for something he didn't think was worth it.
What part of I later confirmed what he told me about California law don't you understand... I have no doubt that the cops motivation was to avoid paperwork, though a distaste of street bums did also seem to play a part. That doesn't negate the simple fact that my pressing charges would have given the "bum" the ability to name me in a lawsuit... By not pressing charges I was effectively anonymous and he had no way to make use of the California statutes that would have allowed him to sue me, despite the fact that he attempted to assault me... Oh, I didn't ask him to charge the bum, I simply reported the assault...
I hate to break this to you, but many states have instituted laws that prevent criminals (or there families) from suing citizens who defend themselves. Those laws were created because such suits, though "unfair" can be successful... California code specifically states that such suits are possible... A fact that you are conveniently ignoring with your advice about citizen arrests... But I tire of this, by all means continue you vigilante ways. I frankly don't care what happens to anyone who resides in your cess pool of a state...
08-05-11 | 03:59 PM
#57
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What part of I later confirmed what he told me about California law don't you understand... I have no doubt that the cops motivation was to avoid paperwork, though a distaste of street bums did also seem to play a part. That doesn't negate the simple fact that my pressing charges would have given the "bum" the ability to name me in a lawsuit... By not pressing charges I was effectively anonymous and he had no way to make use of the California statutes that would have allowed him to sue me, despite the fact that he attempted to assault me... Oh, I didn't ask him to charge the bum, I simply reported the assault...
I hate to break this to you, but many states have instituted laws that prevent criminals (or there families) from suing citizens who defend themselves. Those laws were created because such suits, though "unfair" can be successful... California code specifically states that such suits are possible... A fact that you are conveniently ignoring with your advice about citizen arrests... But I tire of this, by all means continue you vigilante ways. I frankly don't care what happens to anyone who resides in your cess pool of a state...
I hate to break this to you, but many states have instituted laws that prevent criminals (or there families) from suing citizens who defend themselves. Those laws were created because such suits, though "unfair" can be successful... California code specifically states that such suits are possible... A fact that you are conveniently ignoring with your advice about citizen arrests... But I tire of this, by all means continue you vigilante ways. I frankly don't care what happens to anyone who resides in your cess pool of a state...
Like I said, anyone can sue anyone else for anything. Winning is a completely different story. In theory, I can sue you right now for harassment and intentional infliction of emotional harm. It would get laughed out of court but I can still sue you for it.
I find it very strange that you say that you would use Lethal Force in your own state. Then you call me a vigilante for using non-lethal force and advocating the use of non-lethal force.
08-05-11 | 08:28 PM
#58
Senior Member
Joined: Feb 2011
Posts: 4,681
Likes: 253
From: Minnesota
Bikes: N+1=5
Well, back to this incident with the paintball guys - I thought it was funny and great. I'd be super surprised if any cop who happened upon the situation wouldn't think it was hilarious too.
j.
j.
08-05-11 | 11:43 PM
#59
Senior Member
Joined: Jul 2003
Posts: 79
Likes: 0
From: Chicago Il
Bikes: Trek 520 and a Schwinn MTN bike
That chick is my hero. I need to teach her to clip people like in football. The guy who was fleeing could have turned to fight with a gun or a knife. If some con is just out the pen, what's he got to loose by sticking some people, making a great save, in to a blood bath.
