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Old 06-26-2013, 10:57 AM
Caddis Caddis is offline
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It appears many comments on this thread are not from LEO's or those in the LE business.

You can read the langauge of a law all day long but the actual application and prosecution is another story. LEO's for example cannot be victims with many laws because we represent the state. It's not saying this in PC 632 but the reality is, its highly unlikely a DA is going to file if its during the course of your duty. PC 632 is a crime requiring a victim, not a crime against the state. Off duty is a different matter.

LEO's can enforce laws which are a crime against the state which we on-view. Most laws requires a private person to be a victim and most laws require a victim period. For example, a person cursing at a LEO is committing a disturbing the peace violation (PC 415) but we could not be a victim under these circumstances. A private person could be a victim if it was directed at him and could demand a private person arrest be made and the LEO would be just a witness if he on-viewed it. Another common one is annoying and harassing calls to a PD disptacher. This would be an enforceable violation if it was to a private person but because LE is a public servant, it's difficult to prosecute because LE is available and open to the public for telephone calls.

DA's generally do file charges with LEO's being a victim except for battery and serious assaults. Other than this, it comes with the job sort of like a dentist who has to smell bad breath all day.
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