BlueSheepdog
10 Years Experience
Around the Way, FL
Male, 40
Cheating death and fighting communism: that is how a fellow officer once described our job. It was meant to be funny, but as time went on it seemed all too true.
I spent more than ten years in law enforcement, all of it on the street in uniform patrol. I've been a patrol officer, instructor, sergeant and lieutenant.
Do not report crimes here. Nothing here should be considered legal advice. All opinions are my own.
I assume your roommate is underage. If so, you can still get in trouble, but probably only if he/she does something stupid such as gets alcohol poisoning, gets hurt while intoxicated, is DUI, etc. There could be some pretty heavy reprecusions for that.
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In my state, the crimes you have described could result in multiple years in prison plus fines and resitution. I do not know the laws of your country, but I'm sure it is equally serious. I strongly suggest contacting a criminal defense attorney.
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Why would you think that it would be even remotely ok to shoot children with a BB gun?
1. None of this is legal advice. Consult an attorney. Wrongful use force against another, especially a child, can land you in prison for a long time.
2. The use of force is generally resricted to "reasonable" self defense. Re-read #1.
3. BB guns are not toys. They can and have killed people. Use Google and you will see multiple stories about BB guns killing people. For example: http://www.foxnews.com/us/2013/03/21/florida-boy-10-dies-after-brother-accidentally-shoots-him-with-bb-gun/
4. BB guns can also take out an eye or do other serious injury even if they were incapable of killing. Re-read #1.
5. You're not Alvin York and your aim on a moving target isn't that good. I don't care how good a shot you think you are, you can't guarantee where you would hit someone anyway. Re-read #1.
6. None of this excuses whatever trespass these children may have done, but shooting them with a BB gun sounds way beyond the realm of reasonableness. What would you do if your child had been shot by an adult with a BB gun? Re-read #1.
7. Use of force is generally restricted to the defense of persons, not property. Re-read #1.
8. If someone is coming into your home and you feel threatened, things are different. Re-read #1.
9. Re-read #1.
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No, stopping someone without reasonable articulable suspicion would be a violation of the 4th Amendment of the US Constitution and a bunch of state laws and department policies.
Speeding, even if "everyone does it" is still illegal, hence the reason why you were stopped.
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If no arrest was made, then there is no arrest record (at least regarding this incident.) Without the victim's cooperation, the officers probably were not able to establish probable cause to make an arrest.
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Reasonable suspicion and probable cause are built by the totality of the circumstances, which may include a citizen complaint. It is impossible for me to tell you how the officers in your case established either since I was not there and I am not privy to the details of the investigation.
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If an investigation was conducted, it sounds like a lack of probable cause existed. Probable cause is a legal burden that a law enforcement agency must meet before arresting someone.
Just because a parent hits a child does not mean the child is being abused. Reasonable corporal punishment is legal in many cases.
Strangulation is not likely to be considered reasonable. If you witness violence, you should call the local law enforcement agency.
Even if the state was to remove him from the house, it is exceptionally unlikely he would be allowed to live with you.
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