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Awesome OP. I think Sotomayor's opinion in Missouri v. McNeely this year was a pretty noteworthy opinion for every criminal law office in the country. Holding: The fact that blood-alcohol levels dissipate after drinking ceases, is not a per se exigency under Schmerber justifying an officer to order a blood test without getting a warrant.
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Dec 23, 2013 17:16
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Magres posted:How the gently caress does getting in someone's face and screaming that they're a murderer and should burn in hell not constitute assault? Common law assault is intentionally performing an act that would create an apprehension of immediate harmful or offensive contact, or alternatively, it's an attempted battery that didn't hit anyone. Obviously the law may vary by jurisdiction, but it's probably hard to prosecute because words alone aren't enough to create an apprehension. Words usually have to be accompanied by some conduct. Even then, prosecuting this would be tough because the protesters' conduct probably wouldn't put someone in fear of "immediate" harmful contact. Threats of future harm like, "You're gonna suffer real hard for this when I get my friends together in a few days," wouldn't cut it. Assault would be putting up your fists and saying, "If you walk into that clinic, I'll break your legs." Or it would be attempting, but failing to physically grab someone to keep them from going inside the clinic. Assault is a very specific kind of crime. Just because someone wouldn't be guilty of it doesn't mean they wouldn't be guilty of some other crime or a civil action like intentional infliction of emotional distress.
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Jun 26, 2014 23:56
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