The laws technicalities thread
 

I thought it might be fun to start a thread for some interesting things you could think about in our everyday society. Although some of the things pointed out seem quite humorous, this is still a serious discussion.


I'll start with one. Last night I was dancing to myself at a club and a girl backed up onto me without my consent. Her rear-end (for lack of a more appropriate term) was rubbing on my crotch region. I took several steps back but she continued sexually assaulting me. Would I be in the right to phone the police and have her arrested? What about pressing charges?

^ why didnt you? ;)

would this be classified as technical battery (touching but with no intention of harm)?

lol this reminds me of law technicality riddles me n a buddy used to do with each other.

mmm...man enters a restaurant to dodge the down-pour outside. the hostess takes his umbrella and puts it in the bin to keep it from dripping all over the floor, then seats him. after finishing up his meal, the man receives an urgent call calling him back to the office. the man pays and leaves a generous tip as he could not wait for his change. in his hurry, he forgets his umbrella.
a month later, the man enters the restaurant with his friends for happy hour. upon leaving he sees it's pissing outside and he has no umbrella. he notices a lone umbrella in the bin. with no clue that it is infact his umbrella...he decides he will steal it and keep it.

Did the man commit an offense under the ccc?

"with no clue that it is infact his umbrella...he decides he will steal it and keep it."

If it was not his umbrella, he did commit theft. His intent, in your scenario, was to steal.

Dude, you missed out on a primo chance to take her home??

And why are you 'dancing to yourself'??

I've always wondered this one, it involves firearms:

If a robber breaks into you're home and you catch him in the act. When he is fleeing, already outside you're house and you have suspected him of having something stolen from you on him, are you allowed to chase him down and shoot him? What if you shoot him from you're home when hes on your front lawn fleeing?

What if you kill him? Would that be first or second degree murder?

quick question- are bonfires legal in tsawwassen? i think they are prohibited in vancouver.

then in google this came up http://maps.google.ca/maps?hl=en&ei=...A&iwstate1=dir designated bonfire spot?

better yet anyone knwo where i can have a bonfire? =D thanks

last week in vancouver...
http://www.theprovince.com/news/Vanc...202/story.html


this one last month from alberta is alot more exicting. the outcome will be interesting
http://www.nationalpost.com/news/story.html?id=1486172

well usually ppl always try to throw in the ''self-defence'' argument thing here. but if you're runniing outside to hun him down...i think you'd get in a lot more trouble than he would for robbing you.
if he's running away, you cant shoot. even if he was inside your house, you cant kill him. you're allowed to use as much force to escape from danger...but ya cant hunt him down.

it's not entirely fair for police officers and current or ex law students to answer these riddles when the majority of ppl on RS do not have extensive legal knowledge sir. >.<

Back when I worked in security, we were told to use the phrase "he fell... six times!" if anything ever happened..

Thankfully, nothing ever did...

i think so.. does anyone know if this would stand up in court? or would the judge actually dismiss the case, even though laws were clearly broken?

good god! lol

I don't know the answer to your question, sorry... but that map is wrong. That isn't even close to Tsawwassen...

you where in a club and evidence would be hard to get, suck it up and leave the club.

Had she followed you out and kept pressing her rear onto your genital area, then yes, she was in the wrong.

its not her fault mtv/mm tells everyone to be oversexed and that guys like to have their junk rubbed up by random girls. blame society, not her :P

So.....why do posters come here, knowing it's a Police-resourced web forum , and ask quasi-legal questions? How much more simply can it be said.....it was not his umbrella, and as the poster said..."he will steal and keep it". If your intellect does not permit you to function at even that level, then you will likely not understand even THIS posting? Such is life...it is NOT a box of chocolates....as somebody said in a sig line somewhere..."life is like a bag of jalapenos..what you eat today will burn your butt, tomorrow". :)

Whoa there, don't taze me bro!!!

First of all, I was joking about the police officers not answering riddles. No need to jump into the whole 'questioning my intellect' now is there? Especially when you have no [edit] idea [/edit]how sensitive I am that I barely completed grade school. ;)

Second, Before you jump into questioning my mental functioning, please take the time to reread what I wrote. you asked: "How much more simply can it be said...it's not his umbrella"

Actually ..... in reality it IS his umbrella.

so back to your words of wisdom...you ate me with your response...so now does ur butt hurt yet officer? :)

"he notices a lone umbrella in the bin. with no clue that it is infact his umbrella...he decides he will steal it and keep it. " In this situation...there is no indication from the OP that this is HIS umbrella. If it was, he certainly would not be stealing and keeping it. You cannot steal something that belongs to him.

BTW....nothing wrong with grade school...I spent 5 of the best years of my life in grade 10 ! My butt hurts from too many hours of having it chewed off in drill class....not from on line postings. Just for further reference...not a single Cop thinks Taser references are funny. Designated spaces by the door at Timmys are sort-of funny...and the mandatory application of political correctness in policing ( and all the disasterous result it has had ), is hysterical. ;)

ok let me correct that then.
"unbeknownst to him, he steals his own umbrella"

I think it's been beaten to death now though hahaha.
The issue is whether the belief you are committing a crime outweigh the actual act.

Man leaves his own umbrella in a very honest restaurant. 3months later the same man is without one. decides he'll steal the one umbrella in the basket. does not know that it's actually the same one he left 3months prior.

he beieves he's stealing, but the act alone isnt as it's his.
which one wins - is my point.

-----
mandatory application of political correctness??
so...can officers swear while on duty?

Just incase you say "no"...i'm gonna throw my 2 cents in first...so: That's gotta be the stupidest idea in the world!!! So as you're struggling with a guy drooling n vomiting on himself after almost oding on a speedball...you've gotta be all mr. sunshine n rainbows?

If he stole it and it was his own umbrella, the onus would be on the restaurant to prove ownership of the umbrella to get a charge of theft approved. In my opinion, highly unlikely that the restaurant would care or want anything done.

And the last thing I am is Mr. Sunshine and rainbows when it is hitting the fan. I am polite for the most part, but I usually talk to a persons level. For the most part I avoid swearing in public just for the simple fact that it is unprofessional and there is generally no need for it because it is just one more thing to get a complaint for. That being said, I have let a few choice words out every now and then.

^ yeah, but I mean, if you're trying to restrain someone who's being beliigerant and resisting...you...as an officer...are prohibited from swearing????

What kinda moron came up with that idea?

[edit] What I mean is, is it just not done because it's unprofessional like in any other job setting...or are you guys formally told you are forbidden to swear?

I don't think we're not allowed to swear. In fact, I've seen and heard supervisors swearing at/during calls. However, like most things, there is a time and a place for things. Asking some kids to get down off the portable classroom roof and throwing a bunch of explicatives in there is probably not the most appropriate thing to do. ;)

for the OP's question, the girl could easily have been getting pushed backwards by the movements of other people in the club. she could easily cleaim that (regardless of whether its true or not) and generally get off.

mandatory application of political correctness??
so...can officers swear while on duty?

No, things like deliberately ignoring a suspect because of his/her race. "The only reason you stopped my client was because he was ( fill in the race). You are a racist!!." You were just racially profiling !!" No your honour, I stopped the client because the victim described the bad guys as being 5'11", 180 lbs, boots, blue jeans, black hoodie jacket, black ball cap, a beard and ( fill in race). Your client was all those things, and was seen hiding behind some bushes as the Police car approached. Wanna bet how many times this is used and how many times it gets tossed? That type of thing is what I mean.