So the owner physically attacked the official? Something to consider when thinking about pressing charges.
So the owner physically attacked the official? Something to consider when thinking about pressing charges.
The owner went for his property and when the official refused to let go, blows ensued.
TN is a stand your ground state and has defense of person and property codes.
Back to the act of forbidding a citizen from recording a public meeting.
Would that not be Official Misconduct, and depending on why, Official Oppression?
I doubt very seriously that there is a law called "Official Misconduct" and I'm virtually certain there isn't one called "Official Oppression" on the books in TN.
The all the government officials involved may well have violated a right protected under TN law or constitution. They may well be guilty of theft of property.
But if you think that TN's stand your ground law would be in effect in this case you are wrong.
You would be wrong on both of the Official Misconduct and Official Oppression charges.
Both charges exist and are indictable and causes for Ousting.
Title 39-2-102
Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
(1) Offense against the party's person; or
(2) Illegal attempt by force to take or injure property in the party's lawful possession.
stems from the True Man Doctrine so I may disagree with you on the SYG assertion although not the theft other than it would have been criminal conversion.
Then report it to the police. Again, you seem to be answering your own questions. Report it and see what happens.
The police were there with audio and video from the citizen as well as body cams capturing the entire happening.
Have you gone to a police officer, reported the issue and requested they investigate or seek charges?
it's vary on situation bt most probably they cannot take...
Title 39-2-102 is simply the Aggravated assault law in TN. It is not called either Official Misconduct or Official Oppression.
And I wrote they may well have violated the law or your constitutional rights.
If they already have the camera and you went to get it back and you used force you would be the attacker and THEY would be protected by the SYG law.
Doing what you suggest is pretty much what got OJ in prison.
Title 8 defines Official Misconduct and Title 38 (typo I meant 38-2-102) is very clear about using force to regain property or defend one's, or a third person's, property or person, so I respectfully disagree that cracking the official's jaw while he is trying to take it would mean the citizen meeting attendee committed any crime.
Of course this went to a judicial commissioner since the police refused to arrest the official, or anyone.
TN Code § 38-2-102
Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
(1) Offense against the party's person; or
(2) Illegal attempt by force to take or injure property in the party's lawful possession.