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  • #16
    Originally posted by Monty Ealerman View Post
    If it's not a crime it's not a misdemeanor.
    You're right Monty, however, the situation we're talking about, "Interference with Reporting of Crime" is a crime. A Class A Misdemeanor, and an exception to Indiana's Misd. Witness Rule.
    Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

    * "Preach always, if necessary, use words!" St Francis of Assisi

    * Luke Chapter 6, Verses 27-36

    Comment


    • #17
      Hi towncop,

      I was being a smart alec toward the OP, who had sought a list of "misdemeanor exceptions".

      I wondered whether he was referring to situations wherein actions that in some way resemble felonies might be by law regarded as misdemeanors.

      I think I am probably in agreement with you in being against allowing people to wear "stop snitching" T-shirts while atending Court as members of the Public.

      Regards,

      Monty

      Comment


      • #18
        Originally posted by towncop View Post
        How could it not fly? You can arrest for it and it alone. Go to a 2-day workshop on domestic violence that the Training Project on Family Violence puts on and they HARP on this charge.
        You're absolutely right. Interestingly enough, they actually have to be calling to report an actual crime, rather than just calling the police.

        We had a fairly interesting case that went to a bench trial here about a month and a half ago. Verbal domestic, wife goes to call the police and the husband cuts the phone cord and throws her cell phone in the toilet. We show up, take the report and arrest the husband for interfering with reporting of a crime.

        The defense attorney gets the arresting officer on the stand and asks him what crime they'd been called to investigate. He responds that he was called to a 911 hang up, which turned out to be a verbal domestic dispute. The defense attorney then asked what crime the husband committed, prior to the 911 call. The officer said that his investigation had shown that no prior crime had been committed.

        The defense attorney, in his closing arguments to the judge, points out that by the statute, a person has to be attempting to conceal a crime...when no crime has been committed, he can't be trying to conceal one. Ergo, the state didn't meet the necessary elements of the crime of interfering with the reporting of a crime.

        It was a pretty good defense strategy actually. Unfortunately, it gives carte blanche for people to just go ahead and take the phone away from somebody else if they are callin 911 to report an argument.
        Originally posted by K40
        To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
        ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

        Comment


        • #19
          I think the officer should have articulated that the crime in progress that was intended to have been reported on the 911 call was assault in that the person making the call had by the intentional vocalizations and other actions of the perpetrator been placed in fear of imminent bodily injury.

          Comment


          • #20
            Eh, Ptlcop, I don't know if I really agree with that. Guess the PA should have tried to throw in intimidation in there against the defendant.
            Why are there so many babies on O.com? Creole, you and your buddy JPSO Recruit help me out on this one....

            * "Preach always, if necessary, use words!" St Francis of Assisi

            * Luke Chapter 6, Verses 27-36

            Comment


            • #21
              Originally posted by Monty Ealerman View Post
              I think the officer should have articulated that the crime in progress that was intended to have been reported on the 911 call was assault in that the person making the call had by the intentional vocalizations and other actions of the perpetrator been placed in fear of imminent bodily injury.
              There was no fear of imminent bodily harm, no history of domestic violence, w'd never even been to the house for a call. They were arguing over credit card bills. Furthermore, in Indiana, the crime of battery requires actual touching, not just a verbal assault.
              Originally posted by K40
              To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
              ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

              Comment


              • #22
                Originally posted by towncop View Post
                Eh, Ptlcop, I don't know if I really agree with that. Guess the PA should have tried to throw in intimidation in there against the defendant.
                Probably so, but for the life of me (i remember walking in halfway through the investigation), I can't remember if any threats were made by either party.
                Originally posted by K40
                To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
                ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

                Comment


                • #23
                  Town, in my county the prosecutor won't allow us to arrest for a DWS/Prior.. Who cares what the domestic violence training center says, prosecutor's make there own choices..

                  You know what im talking about, a perfect case that's a clear violation of the law, but it gets dumped by the prosecutor because he feels it's a waste of time..

                  Again, I have added this charge to cases when there was an actual battery. I guess I have always had another solid reason to arrest than just Int. with reporting..

                  Sometimes thats even hard pressed because it's his word v. her word..

                  I don't have a problem with adding the charge if there going to jail, but I would never arrest for just that.. I would long form it... Just what I would do
                  "If you find yourself in a fair fight, your tactics suck"

                  Comment


                  • #24
                    Originally posted by PtlCop View Post
                    There was no fear of imminent bodily harm, no history of domestic violence, w'd never even been to the house for a call. They were arguing over credit card bills. Furthermore, in Indiana, the crime of battery requires actual touching, not just a verbal assault.
                    The crime of assault doesn't have to include the crime of battery. The crime of interfering with an attempt to report a crime requires that the person attempting the report has a reasonable belief that the report is legitimate. For the intent component of the interference crime, it is required that the perpetrator of the interference understands that the prospective report, whether genuinely accurate or not, is reasonably believed to be true and accurate by the person making the report.
                    Last edited by Monty Ealerman; 11-03-2009, 05:46 PM.

                    Comment


                    • #25
                      Originally posted by Monty Ealerman View Post
                      The crime of assault doesn't have to include the crime of battery, and the crime of interfering with an attempt to report a crime requires that the person attempting the report has a reasonable belief that the report is legitimate whether that person is right or not, and that the perpetrator of the interference understands that.
                      We don't have the crime of assault in Indiana. The crime of interfering, as outlined in Indiana, requires that the report be of a crime that has already occurred. That did not happen in this case. Simply arguing isn't a crime.
                      Originally posted by K40
                      To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
                      ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

                      Comment


                      • #26
                        PTL, you know in some states if you destroy your own property during a verbal argument its arrestable!!!!!!!!!!

                        Indiana is jacked up on some things..
                        "If you find yourself in a fair fight, your tactics suck"

                        Comment


                        • #27
                          Originally posted by K9krazy21 View Post
                          Town, in my county the prosecutor won't allow us to arrest for a DWS/Prior.. Who cares what the domestic violence training center says, prosecutor's make there own choices..

                          You know what im talking about, a perfect case that's a clear violation of the law, but it gets dumped by the prosecutor because he feels it's a waste of time..

                          Again, I have added this charge to cases when there was an actual battery. I guess I have always had another solid reason to arrest than just Int. with reporting..

                          Sometimes thats even hard pressed because it's his word v. her word..

                          I don't have a problem with adding the charge if there going to jail, but I would never arrest for just that.. I would long form it... Just what I would do
                          I don't remember the part of the Indiana Code which gave prosecutors the right to pick and choose what crimes they "allow" anyone to arrest for. In fact, I don't remember any part of the Indiana Code which gives a prosecutor any authority over a police officers actions at all.

                          If I have the probable cause to believe that they have committed a crime, I'm going to take them to jail, or summons them into court.

                          Sure, the prosecutor makes his choices on charges to file. Wanna guess how long he'll keep his job when the FOP goes to the press and tells the entire state that he doesn't want you arresting criminals? Not very long, i'll assure you of that.

                          I don't know what county you're in, or how active your FOP is as a political arm, but if the prosecutor is telling you that you can't arrest somebody for something that's a clear violation of the law, then your FOP needs to stand up for you guys, and for the citizens.
                          Originally posted by K40
                          To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
                          ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

                          Comment


                          • #28
                            Originally posted by K9krazy21 View Post
                            PTL, you know in some states if you destroy your own property during a verbal argument its arrestable!!!!!!!!!!

                            Indiana is jacked up on some things..
                            Yeah, doesn't make it illegal here though.
                            Originally posted by K40
                            To me, open carry is the equivalent of the couple making out and groping each other at the food court in the mall. Yeah, they are probably legal, as long as they don't start getting undressed. But they are still social retards.
                            ‎"You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him." - Rooster Cogburn

                            Comment


                            • #29
                              haha, ohh how I wish it worked like that!!!!

                              I agree with you 100%..

                              however from a small county, it goes something like this..

                              1. I arrest someone for something I know the prosecutor won't file charges on, He calls the sheriff and then the sheriff calls me.. Not only do I waste my time (mostly 1 guy on at a time) but now I have to answer why I arrested someone that I knew would never have charges filed on them..

                              2. Your absolutely right, the prosecutor can't tell me to arrest or not arrest.. However he can dump any case I send to him just because he feels like it..


                              I know it's not illegal here bro, just saying that states are jacked up on some things

                              I shouldnt have said "allow" in my post..

                              I wish everyone seen how [email protected]@ backwards alot of small counties work..

                              As far as the F.O.P goes, good luck with that in my county..
                              "If you find yourself in a fair fight, your tactics suck"

                              Comment


                              • #30
                                Assault is certainly a crime in Indiana.

                                Comment

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