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originally posted by: raymundoko
a reply to: jonnywhite
Nobody demanded the owner cut the head off. Nobody forced the owner to cut the head off. Again, how is this lie still being told?
originally posted by: raymundoko
a reply to: Barcs
We DO know fighting words were exchanged. He is cussing the entire time. He is told exactly why he was put against the truck. Cursing at an officer while in a provoked state is by definition fighting words.
Also, that's a federal precedent at the SCOTUS level, so it does NOT vary from state to state. States can choose different ways to enforce it/leave it at officer discretion, but the statute is there at a federal level.
1. A person commits the offense of harassment in the first degree if he or she, without good cause, engages in any act with the purpose to cause emotional distress to another person, and such act does cause such person to suffer emotional distress.
2. The offense of harassment in the first degree is a class E felony.
3. This section shall not apply to activities of federal, state, county, or municipal law enforcement officers conducting investigations of violation of federal, state, county, or municipal law.
(L. 1977 S.B. 60, A.L. 2008 S.B. 818 & 795, A.L. 2014 S.B. 491)
Effective 1-01-17
(1981) Statute defining offense of harassment was not unconstitutionally vague, and was not overbroad and did not deny due process. State v. Koetting (Mo.), 616 S.W.2d 822.
1985) Held not unconstitutionally overbroad. The caller's intent to disturb or frighten need not be the sole intent or purpose of the call. State v. Koetting (A.), 691 S.W.2d 328.
(1987) Four harassing phone calls made directly to an individual's telephone answering machine falls within the purview of this section. State v. Placke, 733 S.W.2d 847 (Mo.App.).
RSMo 565.002 - Definitions
(7) “Emotional distress”, something markedly greater than the level of uneasiness, nervousness, unhappiness, or the like which are commonly experienced in day-to-day living;
originally posted by: raymundoko
a reply to: jonnywhite
Watch the FULL video embedded in the OP as well as on the mans Facebook page.
He cut out the beginning where he was told he had to have the dogs head removed to be sent off for testing. In the full video we get the details that he didn't wait for that explanation to finish and started acting threatening and cursing at the officers. He was put against the front of the truck for how he was addressing the officer in a personally insulting way, not for refusing to cut the head off.
The Sheriff got confirmation from the dog owner that he was refusing to comply with the command for the dogs head to be removed and went off to get more details on what they needed to do. During that time, we find out that the man had been given an address of where he could take the dog to have the head removed. He declined and volunteered to cut the dogs head off with a kitchen knife rather than pay the fee.
He is later on the phone being instructed on how to handle the dogs head because he volunteered to do it himself. Never was he forced to do anything. He completely volunteered rather than pay to take the dog somewhere.
Edit: You have to understand that the source site in the OP does this a lot. They give half the information and a crazy story. The news teams were not given the entire video, they were given a 10 second clip of it without the proper context.
Seems almost much more likely, then a cop or investigator wanting the owner to cut some dead dogs head off for whatever reason.
originally posted by: AtomicKangaroo
WTF?
It's like watching some 3rd world nazi #. Not a nation with the self appointed label 'leader of the free world'....
I'd be going to jail. Probably for assaulting a cop and not for refusing to behead my dog.
I'd not bother suing for cash, that only punishes the tax payer.
But yeah, WTF? That is some backwards dark ages # right there.
originally posted by: raymundoko
a reply to: Barcs
Who got charged in the video? He was put against a truck and told what he was doing wrong and then he was released. The officers showed restraint given the situation.
originally posted by: JBurns
It isn't stupid, it is an effective way to determine whether someone's words constitute an assault or protected speech.
Look at it this way, how much time did the investigators waste dealing with this case? The owner's abusive behavior toward the officers delayed them in exercising their duties, and he was clearly being aggressive toward the officers.
That being said, he didn't allow them to finish explaining what needed to be done and continued to delay that neccesary step by being assaultive. It has nothing to do with "pus####fication" and everything to do with interfering and delaying. You have the freedom to curse, but not to the point it puts that officer in fear for their safety. That is assault, much like it is assault on any citizen. You're absolutely right in saying LEO are people just like everyone else, but the law provides them certain leeway in order to carry out their duties. For instance, exceptions to the MO law quoted above that permits such language for verbal compliance commands and other lawful purposes.
You should read the law in regard to "fighting words" and assault. Putting your hands on another person unlawfully is battery, putting someone in fear for their safety is assault. If you watch the conduct of this individual, you can see how this definition can be met.