Re: Provocation Charge for Making a Donut Joke About a Police Officer
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cdwjava
Here is the section:
IC 35-42-2-3
Provocation
Sec. 3. A person who recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable man to commit battery commits provocation, a Class C infraction.
Well, unless asking for a donut is likely to cause a reasonable person or officer to engage in fisticuffs, I suspect that this matter will be (or should be) dropped swiftly.
That is my thoughts. Even before the law was posted, as jk pointed out, as my thought were based on, unless the language was considered fighting words, which are not protected, it was 1st AM protected.
At first I could not believe my eyes when he said he was cited for saying what he said.
This flies in the face of justice, and after you get off in court bojangles, I would seriously consider consulting an attorney for a Civil Rights suit.
Asking if he wants a donut would provoke him to assault you??
I suppose, sure, IF he has a temper problem. This however is not a "reasonable person".
This cop needs removed from the force.
Re: Provocation Charge for Making a Donut Joke About a Police Officer
and if there was a sargent on site as well, he definitely needs a lesson in the law. The sarge should never have let this come to this.
Curious as to which police force in Indiana. There have been a few isolated problems in the past but generally those have been remedied. Obviously one renegade patrolman is not basis for a claim the entire force is lacking but the sarge allowing this tends to show the problem may be more than just one guy.
You might even consider contacting the ACLU with this if you wish to take this further.
Re: Provocation Charge for Asking a Cop a
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BOR
From the specific facts you posted, you were not only SEIZED in violation of the 4th Amendment, that is, the Order to pull over, you were cited without Probable Cause, which the 4th requires also.
There is NO charge in the country that can create probable cause to arrest/cite a person for what you did.
NOW, again, I am assuming the facts as laid out have no hidden surprises.
You did not get out of your car and approach the officer, right, you yelled the comment from your car, right?
If there are no surprises, your 4th Amendment rights were violated for exercising your 1st AM rights, I agree.
Plead you case starting out with a not guilty plea.
That would be the officers fault. If he hears "want a donut", he can ignore it, that is what they are trained to do.
If he turns to see who yelled it, he is at fault.
I would love to have this case . I would eat this case up! LOL I would even try to get the officer fired
Think about it, if he was going to kick your butt over doughnut words, what would he do if somebody else said or did other things worse?
Keep us updated please..
And whats weird is why would a lawyer even deny this case. This is a simple win for them! and they all love to win.. Contact more lawyers. im pretty sure somebody should do this for free or almost free because its a win win situation according to your story