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  • #31
    Originally posted by Monty Ealerman View Post
    Assault is certainly a crime in Indiana.
    Find the crime of assault listed anywhere in the Indiana Criminal Code.
    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


    • #32
      Originally posted by K9krazy21 View Post
      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..
      That situations sucks for you. I really wouldn't want to work under those conditions. My issue with Prosecutors (and judges) is that they're answerable only to the voters for the performance, or lack thereof.
      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


      • #33
        100% agreed!!!

        It's not all bad though, there are definetly benefits with a small county as well..

        I can call the prosecutor anytime directly for any reason, he has even came to the scene of the more serious crimes to help out and interview people..

        Small counties are really different..
        "If you find yourself in a fair fight, your tactics suck"

        Comment


        • #34
          Originally posted by PtlCop View Post
          Find the crime of assault listed anywhere in the Indiana Criminal Code.
          OK:

          From Burns' Indiana Statutes Annotated:
          1996. Assault.—353. Whoever, having the present ability to do so, unlawfully attempts to commit a violent injury upon the person of another, is guilty of an assault, and, on conviction, shall be fined not exceeding fifty dollars.
          That means that a person who tries to forcibly prevent the reporting of such an offense, even if no battery has occurred, is guilty of the crime of interfering with the reporting of a crime.

          Comment


          • #35
            Originally posted by Monty Ealerman View Post
            OK:

            From Burns' Indiana Statutes Annotated:
            That means that a person who tries to forcibly prevent the reporting of such an offense, even if no battery has occurred, is guilty of the crime of interfering with the reporting of a crime.
            Nice try. Go to the Indiana Code website, find me the crime of assualt. Find it in the CURRENT Indiana Code, not one from about 15 years ago. You won't find it.

            Here's the webpage for you:

            http://www.in.gov/legislative/ic/code/
            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


            • #36
              Originally posted by PtlCop View Post
              Nice try. Go to the Indiana Code website, find me the crime of assualt. Find it in the CURRENT Indiana Code, not one from about 15 years ago. You won't find it.

              Here's the webpage for you:

              http://www.in.gov/legislative/ic/code/
              I was about to ask about that. The only reference I could find in the current IC to the word "assault" related to sexual assault.

              As far as I know, the closest thing we have to the common law crime of assault is intimidation. I'm not exactly a legal scholar though. Anything else we can use?
              Last edited by BigBlock; 11-03-2009, 06:48 PM. Reason: Spelling

              Comment


              • #37
                Originally posted by Monty Ealerman View Post
                OK:

                From Burns' Indiana Statutes Annotated:
                That means that a person who tries to forcibly prevent the reporting of such an offense, even if no battery has occurred, is guilty of the crime of interfering with the reporting of a crime.
                Additionally, and I'm sorry, but that STILL wouldn't apply in the court case I highlighted earlier. The husband made absolutely no contact with the wife. He cut the phone cord and threw her cell phone into the toilet.

                You're clearly confused about the application of the law my friend.
                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


                • #38
                  Originally posted by Citation35HF
                  I don't know who Burns is, but in Indiana we go off the the Indiana Criminal Code. There are no assault laws in Indiana. Case closed.
                  Oh please, your honor, let's not close cases so hastily. Burns is a person who with assistance compiled and annotated and created indices for Indiana statutory law and whose successors continue to use his name. It's a standard law reference for Indiana lawyers. You're wrong about there being no assault law in Indiana. The one I cited is an example. Your complacent "case closed" remark suggests that your not having found a reference to assault in the Indiana Criminal Code means that no such reference exists, but in fact it does. Even when there is no statutory law on a matter, the Common Law applies in 49 of the 50 states (Lousiana follows the Napoleonic Code), and Assault is a Common Law crime, and interfering with an attempt to report it to the authorities would be a crime, even if the crime being reported were not a statutory crime.

                  Comment


                  • #39
                    Originally posted by Monty Ealerman View Post
                    Oh please, your honor, let's not close cases so hastily. Burns is a person who with assistance compiled and annotated and created indices for Indiana statutory law and whose successors continue to use his name. It's a standard law reference for Indiana lawyers. You're wrong about there being no assault law in Indiana. The one I cited is an example. Your complacent "case closed" remark suggests that your not having found a reference to assault in the Indiana Criminal Code means that no such reference exists, but in fact it does. Even when there is no statutory law on a matter, the Common Law applies in 49 of the 50 states (Lousiana follows the Napoleonic Code), and Assault is a Common Law crime, and interfering with an attempt to report it to the authorities would be a crime, even if the crime being reported were not a statutory crime.
                    Ok then, find me any person in Indiana, who has been convicted of the crime of assault. Won't happen. Simply put, I am not wrong. Contact your local prosecutor, ask him to define assault for you. He'll tell you that there is no crime of assault. You're provided a reference from a book that, from the best I could tell, was last produced in 2001. Regardless, the trial court judge, the prosecutor and the defense attorney all agreed that the ruling was correct. Your post reeks of a person in their first year of law school. I've got years of experience with the Indiana Criminal Code.

                    The crime of assault, does not exist in this state.
                    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


                    • #40
                      Originally posted by BigBlock View Post
                      I was about to ask about that. The only reference I could find in the current IC to the word "assault" related to sexual assault.

                      As far as I know, the closest thing we have to the common law crime of assault is intimidation. I'm not exactly a legal scholar though. Anything else we can use?
                      Provocation is closely related, but it's an infraction. Intimidation must be verbalized or something like a drawing back of the fist, where the meaning is clearly definable.
                      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


                      • #41
                        Originally posted by PtlCop View Post
                        Nice try. Go to the Indiana Code website, find me the crime of assualt. Find it in the CURRENT Indiana Code, not one from about 15 years ago. You won't find it.

                        Here's the webpage for you:

                        http://www.in.gov/legislative/ic/code/
                        The 1996 in the citation does not refer to a year.

                        Comment


                        • #42
                          Originally posted by Monty Ealerman View Post
                          The 1996 in the citation does not refer to a year.
                          Yes, I know.
                          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


                          • #43
                            Originally posted by PtlCop View Post
                            Additionally, and I'm sorry, but that STILL wouldn't apply in the court case I highlighted earlier. The husband made absolutely no contact with the wife. He cut the phone cord and threw her cell phone into the toilet.

                            You're clearly confused about the application of the law my friend.
                            Attempting to forcibly prevent the reporting of a crime is a crime even if the crime the person was attempting to report is almost never charged as described.

                            Comment


                            • #44
                              Originally posted by Monty Ealerman View Post
                              The 1996 in the citation does not refer to a year.
                              Monty, as much as I agree with you on many, many topics, Indiana DOES NOT have an "Assault" charge. Period. It is nowhere in our Criminal Code, which is what we, as police officers go by. On this one, you're completely wrong.
                              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


                              • #45
                                Originally posted by Monty Ealerman View Post
                                Attempting to forcibly prevent the reporting of a crime is a crime even if the crime the person was attempting to report is almost never charged as described.
                                I'm taking the judge, who has dedicated her entire life to interpreting the law, at her word over you, who's qualifications are unknown.

                                Again, you keep saying "forcibly" there was no force involved. You've now had 3 or 4 people, with years and years and years of law enforcement in this state tell you that you're wrong. You're wrong.
                                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

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