Discussion in 'The Lounge' started by Jemaddux, Oct 17, 2005.
Police can't. INS can. Call them and tell them he's threatening you. Kind of like it's micro-terrorism, isn't it?
that is garbage, man i would be pissed
that is California for ya, land of opportunity
Yeap, call INS and call your local media. Let them run the story about how local police can't do anything about his threats and see how fast they can do something about it then. It's called terroristic threats, and they can arrest him, over it. It's just that they didn't want too do the paper work.
As irritating as that is, it isn't necessarily the cops who don't want to do anything about it. In the SF bay area, most police agencies are under instructions from their city leaders not to enforce, nor assist, in any federal immigration laws. In fact, it goes farther than that. Many cities will not even allow their officers to even ask if the person is legally in the country, even during the booking process. Some county jails won't even call ICE even though they know the person is illegal. I used to say it was all the Democrats fault, but then our current administration has shown a distinctive lack of cajones in this area too. Trust me, lots of those cops are grinding their teeth and keeping their mouths shut only because they face discipline if they speak up.
So, IF the police were to find this person knocked out w/ a can of gas with a rag stuffed in the top of it, with HIS fingerprints on it?????
if they're illegal, why does it really matter if they are found dead? they werent supposed to be here, and if i'm not mistaken, border checkpoints are the same as a big "no trespassing" sign. they're trespassing on our land, and this clown is threatening your family and property. should be open season on people like him.
Don't you guys have an "uttering threats" charge in your neck of the woods?
yet another reason I got the hell out of California.
That is another thing altogether. Here is 422 of the Ca. Penal Code:
422. Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
The bottom line on this section, which is commonly known as "terrorist threats", is that you not only have to make the threat, it has to be extremely clear that the threat can be, and will be, carried out. So, talking **** only doesn't qualify. As for being an illegal, technically they don't have the same rights afforded a citizen. Try telling that to the liberals though. Hell, they want to give them a DL here, along with the abundance of services they already get that far surpasses what most citizens can get.
Well, an imaginative cop could decide that threatening to burn someone's house down could very well "result in death or great bodily injury to another person".....
And, IMHO, "thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety" also applies in this circumstance.
BTW, I'm not trying to stir the pot. I'm just looking at it from a layperson's pont of view.....
Wait, I figured this:
would make talking **** qualify.
No cop is going to make a bad arrest just because they think the suspect is an asshat, or at least they shouldn't. They put "so unequivocal, unconditional, immediate, and specific" in there for a reason, and that reason is to protect free speech, no matter how foolish or irritating until it crosses a very clear line. You have to have all the elements of the crime, not just some of them. If any of the listed elements are not present, that crime has not been committed. Now, there is an entirely different criteria in civil court.....
You know, sometimes home owners, or even more likely renters, can tend to be in violation of a Municipal Code Ordinance when it comes to too many people in a certain square footage, too many cars at an address or parked in areas not designated as parking spaces, garages used as living quarters, lack of maintenance causing neighborhood blight, illegal dumping of cooking or motor oil, substandard wiring to parts of the home, oversized vehicls or work vehicles stored in a residential area, homes used to conduct business without a license, etc. etc.
Some people have been known to call their Code Enforcement Unit, or equivalent, to make sure that a health hazard is rectified in the neighborhood in order to protect the safety of all the residents. Sometimes even the Health Department can get involved if the living conditions are sub-standard. Child Protective Services has also been known to find other more suitable homes for children placed in danger by unsafe and unsanitary conditions. the Fire Department also takes issue with yards creating a fire hazard by a lack of maintenance, dumping of oil, or improper storage of flammable substances.
Just a thought..................
You are preaching to the choir here............no arguments.
I'd be pissed.
A not so similar situation (guy parked in my driveway--US citizen though) happened to me a while ago. I just parked behind him and blocked him in. He ended up banging on my door and offering me $10 to move my truck so he could drive his pos mazda to work or he was going to be late. I didn't accept the $10, but he never parked in my drive again.
winch cable around the car hooked to your bumper, cable in button, it is your property.
or just crack the oil pan nut, i will work its way lose eventualy
or get creative and use your high jack to flip the car on to his lawn
Separate names with a comma.