Sunday, January 6, 2008

[BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New b

I think it is hard to make a better case for Jay's original concern
than what Dennis just said ;-)

--- In BDSM-LegalIssues@yahoogroups.com, Dulca <dulca@...> wrote:
>
> Dennis,
>
> You were joking when you wrote. "An arrest IS evidence of wrongdoing."
> or offering a 'tongue in cheek' statement. Right?
>
> If not you can't seriously believe what you wrote! As an retired
> (disability and <G> not a mental one) police officer and as a citizen
> who has served on juries, the Grand Jury, and para (very) legal, an
> arrest is an indication (*NOT* "evidence" of wrongdoing) of at least
one
> of the following;
> 1. An action witnessed by a law enforcement person, that they
believe or
> know to be a violation of a law.
> 2. Acting on an arrest warrant.
> 3. Arrival on the scene of a 'domestic dispute' (officers are often
> required / expected to make sure one party leaves or ....)
> 4. A suspicion of (presumption) guilt based on observable facts i.e. a
> detailed description, license plate number, blood on clothing.
> 5. The end result of an investigation even if based only on
> circumstantial evidence.
>
> Of course there are other possibilities, but based ONLY on the above
> five reasons for-to arrest, *ONLY ONE* could be construed as,
> "...evidence of wrongdoing." and that is stretching in many situations
> even with the officer having observed the 'crime' of course
depending on
> BOTH the conditions (lighting, distance, line of sight, etc.) AND the
> nature of the offense - interpretation of the 'law' believed to have
> been broken.
>
> So, how on earth do you arrive at the conclusion, "An arrest IS
evidence
> of wrongdoing."?
>
> Be well and be *SAFE!*
>
> Lady Robin
>
> Dulca Scenes, Inc.
> Is a 501 C3 organization and is located at '*The Farm*' in KY
> Donations, to the extent permitted by law, are tax deductible
>
> Please visit & bookmark our Calendar :http://www.calsnet.net/thefarm_ky/
>
----------------------------------------------------------
> Dennis wrote:
> > <SNIPPED>
> >
> > An arrest IS evidence of wrongdoing. It is probably better evidence
> > than you or I are going to be able to generate on our own. I should
> > have no obligation to conduct an independent inquiry into a crime.
> > Indeed, doing so might be obstruction of justice, in a practical if
> > not a strictly legal sense.
> >
> > - Dennis

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