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October 7th, 2012, 12:12 PM #1Banned
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Harrisburg,
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When does a call to police mean criminal homicide liability for the caller?
http://law.onecle.com/pennsylvania/c...5.004.000.html
Suppose an individual knows:
1) Police are likely to break the law in the course of any investigation or apprehension,
2) that this probability increases exponentially when an openly carried firearm is involved,
3) the person the individual is about to report to the police will, beyond reasonable doubt, resist any unlawful act of police,
4) it is reasonably likely that the police will respond with deadly force to any such complete resistance,
and then the individual calls the police to report non-criminal acts or other concerns by the target of the call.
When the police officer goes on to kill the target, does that create, at the very least, liability for involuntary manslaughter for the caller?
§ 2504. Involuntary manslaughter.
(a) General rule.--A person is guilty of involuntary
manslaughter when as a direct result of the doing of an unlawful
act in a reckless or grossly negligent manner, or the doing of a
lawful act in a reckless or grossly negligent manner, he causes
the death of another person.
(b) Grading.--Involuntary manslaughter is a misdemeanor of
the first degree. [...]
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October 7th, 2012, 01:21 PM #2
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October 7th, 2012, 08:01 PM #3
Re: When does a call to police mean criminal homicide liability for the caller?
No worries at all !! In the example you list above, the police are so stupid and incompetent, there would be no way they would arrest that person for manslaughter. The police description you've provided, along with the extensive knowledge of police death squads roaming afoot, clearly indicates that the next action expected of those officers would be to take a donut break, followed by a week-long raping and pillaging of the surrounding community. They'd never come after the caller, too much other stuff too do.
But I ask another equally intriguing question. If the sun is hot, and you sweat, is it Obama's fault that you farted?
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October 7th, 2012, 08:05 PM #4Banned
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Philadelphia,
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Re: When does a call to police mean criminal homicide liability for the caller?
MDJ: What's the hypothetical caller?
Example: Peacenik neighbor who hates you because you took his spot after he shoveled it, but he didn't put a parking saver in it, then proceeds to SWAT you because:
A) He knows the police will overreact to a "man with gun" complaint
B) Are likely to respond rapidly and go overboard with force, including deadly force
C) The police commit murder-by-proxy on behalf of the upset neighbor because he knows that you openly carry.
How would that create an expectation that the police would shoot in the case of B)? Or, to get closer to the point--how do YOU know what the police's un-written protocol is when they overreact unless you're a party to the response and have intimate knowledge of what police tactical strategy is?
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October 11th, 2012, 09:58 PM #5Senior Member
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Dauphin County,
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Re: When does a call to police mean criminal homicide liability for the caller?
I always thoroughly enjoy your posts, and I think they create thought among members.
I ask…. Why does it need to be manslaughter to create liability? What about harassing / stalking the OCer or falsely reporting things to the police?
Like the incident with Viper…. http://forum.pafoa.org/open-carry-14...afternoon.html
The caller might have said that he took out the gun and cocked it or it could have been the dispatcher that made up that garbage. He could have been arrested for multiple things. He could have spent thousands in lawyer fees to “correct” someone’s lie.
If the county DA / local police refuse to correct citizens when they lie and force that same DA/police to charge the individual and make that individual prove their innocence in court. The person getting arrested cannot sue that person lying since that person might not even be named!
If you get that liar’s name and all the other evidence to back it up (911 call, etc), the plaintiff has the burden of proof in civil cases, and IMO, it is an uphill battle.
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