Lawsuit filed after Cincinnati O.C. arrest

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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby SeanC » Mon Sep 21, 2015 11:38 am

There's authority for the proposition that an officer can arrest someone on suspicion of a misdemeanor committed outside of the officer's presence when the officer has reason to believe that the person's mental state is such that the person may harm himself or others if not taken into custody. The officers write that OC was "argumentative." What does that mean? I don't know.
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby mreising » Mon Sep 21, 2015 3:10 pm

SeanC wrote: The officers write that OC was "argumentative." What does that mean? I don't know.

They meant Gary was just being Gary. :wink:
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby RCall » Mon Sep 21, 2015 4:06 pm

Something happened with the link to the complaint, here's an updated one:

http://www.pdf-archive.com/2015/09/21/c ... -exhibits/
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Tue Sep 22, 2015 2:09 am

mreising wrote:
SeanC wrote: The officers write that OC was "argumentative." What does that mean? I don't know.

They meant Gary was just being Gary. :wink:


This. Very much, this. :lol:
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Tue Sep 22, 2015 2:11 am

Oh, by the way...Welcome to the forum, RCall !!
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby Suckerspawn » Tue Sep 22, 2015 7:33 am

Correct me if I'm wrong. If Dressler had heard the guard ask him to leave and disarm, and entered the store anyway he could very well have been convicted of the criminal trespass.
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Tue Sep 22, 2015 10:31 am

Suckerspawn wrote:Correct me if I'm wrong. If Dressler had heard the guard ask him to leave and disarm, and entered the store anyway he could very well have been convicted of the criminal trespass.

That is correct.
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Tue Sep 22, 2015 8:28 pm

SeanC wrote:There's authority for the proposition that an officer can arrest someone on suspicion of a misdemeanor committed outside of the officer's presence when the officer has reason to believe that the person's mental state is such that the person may harm himself or others if not taken into custody...


Sean, where is that authority?
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Tue Sep 22, 2015 8:59 pm

Werz wrote:...
He was confronted by police inside. An act of Criminal Trespass is completed once all the elements have been established. The offense is completed when "[b]eing on the land or premises of another, [a person] negligently fail[s] or refuse[s] to leave upon *** being notified to do so by the owner or occupant, or the agent or servant of either." R.C. 2911.21(A)(4)...


It doesn't show in this complaint, but the charge against Dressler was 2911.21(A)(1), not (A)(4). As a very wise attorney once pointed out to me, this section includes the phrase, "without privilege to do so".

While I can't speak for Mr. Dressler, Kroger constantly sends me invitations to visit their store.

:wink:
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby JediSkipdogg » Tue Sep 22, 2015 11:41 pm

MyWifeSaidYes wrote:
Werz wrote:...
He was confronted by police inside. An act of Criminal Trespass is completed once all the elements have been established. The offense is completed when "[b]eing on the land or premises of another, [a person] negligently fail[s] or refuse[s] to leave upon *** being notified to do so by the owner or occupant, or the agent or servant of either." R.C. 2911.21(A)(4)...


It doesn't show in this complaint, but the charge against Dressler was 2911.21(A)(1), not (A)(4). As a very wise attorney once pointed out to me, this section includes the phrase, "without privilege to do so".

While I can't speak for Mr. Dressler, Kroger constantly sends me invitations to visit their store.

:wink:


But said privilege can be revoked which it sounds like they did when they told him to leave.

And looking at the court's website, I would venture this was dismissed just to get the case over with. I've never seen so many motions filed on a single misdemeanor case before.
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby Werz » Wed Sep 23, 2015 12:09 am

MyWifeSaidYes wrote:While I can't speak for Mr. Dressler, Kroger constantly sends me invitations to visit their store.

:wink:

Try doing it without your shirt and shoes.

And now everyone is going to be upset with me for putting that image in their heads.
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Wed Sep 23, 2015 2:34 am

Werz wrote:
MyWifeSaidYes wrote:While I can't speak for Mr. Dressler, Kroger constantly sends me invitations to visit their store.

:wink:

Try doing it without your shirt and shoes.

And now everyone is going to be upset with me for putting that image in their heads.


I can post a picture if it will help. 8)
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby MyWifeSaidYes » Wed Sep 23, 2015 2:40 am

JediSkipdogg wrote:
But said privilege can be revoked which it sounds like they did when they told him to leave.


That doesn't apply under 2911.21(A)(1).

JediSkipdogg wrote:And looking at the court's website, I would venture this was dismissed just to get the case over with. I've never seen so many motions filed on a single misdemeanor case before.


Nope. I believe the judge, prosecutor AND one of the police officers all have "past experiences" with Mr. Dressler and just had it out for him.

If they wanted it 'over with', they could have ended it a lot sooner than they did.

http://www.courtclerk.org/case_summary. ... /CRB/26853
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby Liberty Sanders » Wed Sep 23, 2015 7:50 am

If anyone is in contact with this gentleman let him know I'd be glad to be an expert witness on his behalf.
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Re: Lawsuit filed after Cincinnati O.C. arrest

Postby cashman966 » Fri Sep 25, 2015 10:01 pm

MyWifeSaidYes wrote:
JediSkipdogg wrote:
But said privilege can be revoked which it sounds like they did when they told him to leave.


That doesn't apply under 2911.21(A)(1).


2911.21 Criminal trespass.
(A) No person, without privilege to do so, shall do any of the following:

(1) Knowingly enter or remain on the land or premises of another;


How does it not apply? if privilege is revoked the element is met. When he entered he had privilege, when he was asked to leave he no longer had privilege to remain. What am I missing?
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