Are You Going to Jail? (The next installment)

[finity]

I was informed by the officer that I had no recourse whatsoever to defend myself from the toad laying his hands on me. If I slapped him, hit him, pushed him away, even grabbed a stick and poked him with it, I could, and most likely would, be arrested for assaulting HIM, instead of defending myself. I was told that I had no other choice but to try and get away from him, without touching him, and go back inside where I was staying. None! Nada! Nothing! No right of self defense whatsoever. And should he be so inclined, he could have had ME arrested for assaulting HIM by threatening to make him stay away from me.

I know that's not the case here, but when the prior post referred to the laws in CA, I thought this became relevant. Out there, I had no recourse whatsoever to defend myself, from any unwanted attention, or "I" would be the person arrested for the crime. Had I picked up a rock or something like that to try and hit him with it, I could have been arrested for attempted murder!

You were greatly misinformed.

http://www.shouselaw.com/self-defense.html#law

CA Codes (pen:692-694)

Oh, and you can under no circumstance, carry a weapon of any sort upon your person in CA, regardless of the reason. Unless you're an on, or off, duty LEO. Not even pepper spray.

That's not correct.

Pepper spray is completely legal to carry in CA.

http://law.onecle.com/california/penal/12403.7.html

Also, as of now (& then I assume), it is legal to open carry an unloaded handgun in CA.

http://www.californiaopencarry.org/CaliforniaOpenCarry.pdf

CA Codes (pen:12020-12040)

 

[jeremy]

I texted BOR and told him in all CAPS "GET ME THE H*** OUT OF HERE OR I'M GOING TO GO NUTS!!!!!".

And he texted back "Too late..."

 

[7th Stepper]

And he texted back "Too late..."

Jeremy, some day we're going to have to meet, just so I can turn you over my knee! I probably won't, you're probably just to darned cute to do that to! ROFL Of course it was to late, I'd gone there in the first place, FIRST big mistake, altho the doc's were great, and a great deal better than the ones I'd had here, who'd (IMO) screwed me up in the first place.

I had only what the officer told me to go on, I'd left my computer home, and my roommates' husband wouldn't allow anyone else on his.

There was another incident where altho I wasn't directly involved, I and several other WOMEN stood up for the guy who lived upstairs from the apt I was in. He was a nice guy, a vet of "Desert Storm", and had been in Afghanistan as well. He'd taken in a woman he'd known for over 20 years, who was unfortunately "between living arrangements" as a kind thing to do, and didn't realize she totally as nutty as a fruit cake! (aka Alcoholic, Manic/Depressive, subject to delusions, panic attacks...etc.,) and one day as several of us were sitting outside chatting, this B**** came flying down the stairs screaming "call 911, he tried to rape me!....call 911, he tried to rape me!". She was completely hysterical, smelled like an alcohol brewery, and was as far as we could see, a prime subject for the nearest psych ward!

No one paid much attention to her, we all knew the guy and knew that she was off her rocker (she "rocked off" on a regular basis), and not one of us lifted a finger to call the cops. Besides, he'd been sitting on the steps next to us since she got home, and hadn't moved. She did this type of thing at least twice a week, and we were wise to her. Anyway, someone did finally call, and what happened when the police arrived shocked the H*** out of me!

Even tho at least 10 of us could account for his whereabouts at the time when the alleged "rape" occurred, the cops proceeded to take him up to his apt, strip down his bed and confiscate the sheets, blankets, pillows, etc. They strip searched him, packed all his clothes, physically shaved off some of his pubic hair and put it in a little "evidence" bag, THEN read him his rights, AFTER all this had been done. They then cuffed him, and sat him back down on the steps, next to us, (with 2 LEO's to "watch" him and us) and proceeded to ransack his apt. During this, those of us women who were sitting there were very vocally (and not very politely), rebuking the officers for their shameful behavior. They wanted to see all our ID's, wherein I provided my IN DL as mine, and basically we were telling them how rude and unprofessional they were, and how they were tromping all over his rights as an American. The one LEO who was standing there actually said, right in front of us, for everyone to hear, "You have no rights now you F***ing N"! You could have knocked me over with a small sneeze I was that shocked! I started quoting some of the rights I DO know about (THANKS TO INGO!) and the LEO told me I didn't know what I was talking about, and that the rights didn't apply because we were in CA, not IN. This is the SAME Constitution that rules the entire country, NOT the State one that applied there. But the fact that the officer actually said this, rather loudly, in public, was in my opinion, totally reprehensible! I informed him that I was going to call his supervisor, chief, mayor as well as any State Rep or Senator, that I could find, and file a complaint against him. The Gov was out, Arnold was still in office, and useless in my opinion.

He said he didn't care who I complained to, it didn't apply to him or his job, because HE was the LAW, and should not be questioned, or have his actions called into question either. I was FUMING by that point! When the rest of the LEO's left Ricks (that's his name) apt, they had confiscated not only his wallet, but his cell phone, keys, any ID's he had (he worked at a local college) etal. She was taken by ambulance to the local hospital to have a rape kit done on her (they found nothing we later found out) and was treated with kid gloves, even tho it was very plain that she was intoxicated, high on drugs (crack) and totally mentally berzerk. They hauled Rick up, took him to one of the patrol cars, loaded him in (knocking his head on the roof in the process) put the so called "evidence" in the trunk of the car, but left his phone, wallet, etc., on the back of the patrol car next to the one he was in, to be put with his stuff (I'm guessing at this) after they got him belted in. Well geee, ooopsss, they forgot, and drove off with all his personal items still sitting on the closed trunk of the car. He lost everything!

He was jailed overnight, allowed to make no phone call, and given no access to an attorney. But the next morning when the reports from the hospital (re: the drugs, alcohol, no evidence of any sexual contact, etc.,) came back, he was released, with a simple apology from the offensive officers Supervisor (we'd all blown up their phone lines after he left, during the night, and all the next morning) stating that yes, the officer was "out of line, but that he really was a good officer, and very good at solving crimes and dealing with riots". Not an I'm sorry, please forgive us, would you like to speak to an attorney or higher up about this, NOTHING! And the offending officer didn't even get a slap on the wrist from what we later found out. (I still have friends on one of the other PD's, and we "chatted", on a hypothetical basis, which is how I found out what I did).

They gave Rick an orange jumpsuit to wear home, no way of getting there, no money, (but they did give him a check for the money that had been in the wallet, albeit with no way of cashing it, he had NO ID!) and cut him loose. The only substance they were totally unconcerned about, was the 1/2 oz of pot that had been in his desk drawer during the search, which of course magically disappeared. He managed to call one of us, and several people at the complex went down and picked him up. You don't want to be walking the streets of San Jose, in an orange prison jumpsuit!

Anyway, he was still trying to get his stuff recovered (new license, credit cards, phone, etc.,) when I left, and that was about 5 months later. The point of this whole thing is, that the LEO had NO respect for him as a person, he was considered guilty until proven innocent (last I heard, that is the other way around, please correct me if I'm wrong), the LEOs went completely unpunished for what they did, said, and how disrespectfully they acted. And she was brought up on no charges what so ever. Needless to say, she was no longer his roommate. They actually DO this in CA, and get away with it! To say it's shameful is such an understatement, it's laughable, and the simple fact that everyone who lives there believes that this is how it should be, gives me great cause for concern regarding the relatives I have who still live there. They can't move elsewhere, they're seniors, and live on a fixed income. The state even reimbursed themselves for the food stamps that my roommate had applied for in my name, from our Federal Tax Refund, no questions asked, and no recourse on our part. We're not pursuing it, my ex-roommate is dying of COPD, they're dirt poor, and to try for anything would be a total waist of our time and money.

So. now you have it. Life as it's lived, in the United Socialist Soviet Republic of California! Thanks, but I wouldn't be in the slightest bit saddened if the entire state fell off into the ocean during the next quake. But as I said, even the sharks wouldn't eat them, to much garbage. Thank God we now live in Indiana, where altho it's not perfect, it's a hellofalot better than what they have in the so called "Golden State".
End of story. I'm only sorry I had to experience this, but while traumatic, it was a heck of an eye opener, and caused me to become more interested in our rights as Americans, and the laws governing where we do live. If the grass ever looks greener elsewhere, it's not, they've just spray painted it to make it look better!

Oh, and this is not a slam, dig, or in any way intended to be disrespectful to the LEO's we have here. Ours are respectful of our rights, considerate, thoughtful, and give pride to their departments, and to the state in general. I am in NO way making a comparison, just pointing out how lucky we are to have the ones that we do. Who uphold the law, as well as enforce it, legally, and with respect.
Regards,
7th Stepper

 

[Rookie]

Cliff notes?

 

[ocsdor]

Jeremy, some day we're going to have to meet, just so I can turn you over my knee! I probably won't, you're probably just to darned cute to do that to! ...

 

[7th Stepper]

Cliff notes

Careful Rookie, ROFL That line for being turned over my knee just keeps getting longer and longer! And yes, I am rather well known for long posts, but that was a long experience, and I didn't want to leave out any of the details. Besides, it was the Abridged version in the first place.
Hugs!
7th Stepper

 

[GuyRelford]

So, does anyone remember my OP? Or are we all just thinking about spankings?

 

[jwhite]

I Think you would go to jail!

 

[Bill B]

there is only one punishment in castle anthrax...a thorough spanking!

 

[ocsdor]

So, does anyone remember my OP? Or are we all just thinking about spankings?

The best way to prevent this situation, and still be able to shoot the burglars, is to have gold-plated axes, hammers, and machetes in your shed.

 

[newtothis]

What do I win this time?

A damaged reputation, and maybe,if your lucky, your name in the state police ledger for people with a indefinitely suspended LTCH.

Sounds excitin to me.

 

[7th Stepper]

So, does anyone remember my OP? Or are we all just thinking about spankings?

Sorry Guy, Jeremy and I sort of have a running joke about competition posting. I intended to point out the difference between states that obey and live by the Constitution, (for the most part) and those who bastardize it. CA is a prime example of the latter.

My main point was that were the situation based in CA, you'd absolutely go to jail, and probably be convicted and stay there for many years. There's no such thing as "innocent until proven guilty" in that state. If the LEOs say you're done, everyone else falls in line and condemns you, regardless of what farce of a "fair trial" they would concoct. For the record, I'd vote innocent, but then again, I'd be only 1 of 12 who were on the jury.

Regards,
7th Stepper

 

[IndianaSigma]

You're going downtown for sure, but it all depends on the prosecutor as to whether you're getting charged or not.

I'd say if you were outnumbered and they were coming at you instead of fleeing, then you had reason to believe they were intending to do you harm and you were justified in shooting. There's no way of knowing whether one of them had a weapon as you cannot watch both at the same time. Had they been running away, shooting would land you in jail for sure.

What I would have done in this situation is stay in the house, dial 911, and video record the shed with my handgun on my hip just in case they decided to storm my castle.

Stuff can be replaced. I'd let them take whatever they wanted as long as they stayed away from my dwelling and the people I love. Hopefully the police would arrive before they were done. This is a situation where it's best to be a good witness.

 

[FERLACH]

A lot would depend on jury, lawyers, and judge. But I beleive you would probably go to jail.

 

[gglass]

You're going downtown for sure, but it all depends on the prosecutor as to whether you're getting charged or not.

I'd say if you were outnumbered and they were coming at you instead of fleeing, then you had reason to believe they were intending to do you harm and you were justified in shooting. There's no way of knowing whether one of them had a weapon as you cannot watch both at the same time. Had they been running away, shooting would land you in jail for sure.

What I would have done in this situation is stay in the house, dial 911, and video record the shed with my handgun on my hip just in case they decided to storm my castle.

Stuff can be replaced. I'd let them take whatever they wanted as long as they stayed away from my dwelling and the people I love. Hopefully the police would arrive before they were done. This is a situation where it's best to be a good witness.

Would you be an archaeologist by chance? You are good at digging up old bones.

 

[IndianaSigma]

Would you be an archaeologist by chance? You are good at digging up old bones.

How is any of my comment "digging up old bones"?

 

[Timjoebillybob]

How is any of my comment "digging up old bones"?

I'm guessing because a ccouple of your posts have been in threads that haven't had a comment in several months.

 

[IndianaSigma]

Ahh.....I see. I'll have to watch the dates of the posts...

Being new and all...I just enjoy reading all of the old posts and once in a while, I just can't refrain from making a post. I'm catching up.

 

[1911 DeadHead]

Coming toward you, it's dark, two of them? Fire away and get a good lawyer.

 

[Timjoebillybob]

Ahh.....I see. I'll have to watch the dates of the posts...

Being new and all...I just enjoy reading all of the old posts and once in a while, I just can't refrain from making a post. I'm catching up.

Don't worry about it. I've done it too. It's a common thing. About the only time its a problem is when new folks bump old threads to get their fifty posts. Your obviosly not doing that. But you might get a few smart arse comments about zombie threads or necromancy and such.