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A cunning one...
What would you have the person who lives there do? Put down his only form of protection in the hope that the two blokes in his home, in the middle of the night, are who they said they are, only to have his head caved in?
The cops had the option of not entering the property, instead waiting for backup, like a dog unit, and that's what they should have done. They should never have even gone inside unless they had good cause to suspect there was danger to a person.
If it wasn't for a concise set of rules, we might have to resort to common sense!
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And maybe they should call out the AOS and negotiators everytime they respond to a 111 call about someone either breaking into a house or possibly a violent fight going on inside. Imagine the sort of ineffective and cowardly force we would have if it was fulled with people with your way of thinking.
And had an armed dog handler entered more than likely the guy would have ended up being shot himself.
This makes for amusing reading, a couple of things lead me to think the guy was more than a bit pissed.
Firstly, well done for being able to move a 100kg statue to use it to smash a window.
Secondly, why did he need to smash a window, if when the police arrived the opened the front door and came in?
And it's a bit bollocks to be charged with assault for shining a light on somebody, unless they're a vampire.
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The guy should have moved the laser off the officer (after being told too how many times ?) and waited to see the whites of their eyes (and their uniform). If it wasn't the cops then blast away.
Whether the cops should have left for their own safety is another matter entirely.
The cops thought a burglar was inside - why shouldn't they eneter and attempt to catch him ? If he was a burglar and had run out the back while the cops waited out front for backup, you'd be criticising them for not apprehending him.
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I don't know how many times - do you? If someone lies a lot does that mean it becomes the truth? How do you know they were in uniform? Would you be foolish enough to believe someone that has entered you home in the middle of the night and you can't actually see, is a cop because they say so and then let them get close enough to use the weapon they might be carrying that you also can't see? I sure fucking well wouldn't.
Among other things, like avoiding the risk of being shot, perhaps because when they go inside the burglar could easily flee because there's nobody watching outside, which is worst than your scenario whereby the two cops are both lingering at the front while the burglar runs out the back - he has twice the opportunity to get away if they enter the house.
If it wasn't for a concise set of rules, we might have to resort to common sense!
That's all quite laughable dude. On this occasion I'm siding with the cops and the Judge. Case closed LOL
The dickhead is damn lucky the cops weren't armed, although he at least wouldn't have a conviction.....he'd be pushing up daisies.
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What I really need to know is
How can shining a laser light on someone be considered "ASSAULT"
and if indeed it is how can they justify the use on motorists as it would also be "ASSAULT"
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Interesting.
Here's what the Crimes Act defines as assault.
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.
The laser speed devices Police use don't put a red spot on a target, unlike the ones on telly. They have a HUD with a spot, but it isn't projected onto the target.
They also don't harm anyone. However, the ones sold to the public as laser pointers (ostensibly for responsible use) project a red spot, and can burn a persons retina. They are more than just light.
Given that the Police target vehicles with no harmful projection, I fail to agree with your allegation of assault. I agree that it is assault to point a hand held laser pointer into someones eyes, but that's not what Police do.
Radars are an entirely different matter, being non harmful radio waves directed at the environment, not at a specific vehicle. Again, not assault.
Given that the person detected speeding doesn't know it is happening, it can't even fit into the "causes to believe on reasonable grounds" category.
Yawn
So there.
As rastucat says, assault is not just physical (battery), a gun pointed at you with a red dot certainly sounds threatening to me. Speed camera beams are undetectable (without electronics), therefor most definetely unthreating.
+1 so theres![]()
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