What is the name of your state (only U.S. law)? California
Thanks for reading this post.
Today I was involved in a scuffle. It was rather vigorous, but I declined to file assault charges, since I was uninjured.
The reason for the altercation: I was videotaping a public nuisance, a violation of the municipal code. I followed a nuisance noise about 20 feet onto what is apparently a private drive with several houses along the drive.
A few minutes into my video recording I was assaulted by someone living nearby on the street, but who did not live on the private drive, although his back yard bordered on this private drive and that's where he observed me from. I insisted on my rights, but this individual was agressive and intimidating. I was threatened, assaulted, and subject to battery.
The attacker grabbed my video camera and threw it to the ground, breaking it. He then grabbed my bicycle and prevented me from leaving, all the while insulting me and demanding my identity and the reason for my presence in his 'neighborhood'. His neighbor called the police for him, all the while eye-witnessing the assaults against me. I responded to his demands for my identification with, "who do you think you are, the KGB, the Gestapo, I have no reason to identify myself to you!"
The police arrived soon. There were a few patrol cars and several macho officers. I explained my situation, protesting that I was innocent and a victim of several crimes, including violation of my constitutional rights. I'm not a fighter, and it's obvious, because I would have probably destroyed the guy.
The police diffused the situation and I declined to press assault charges because I was afraid of being arrested for whatever reason. They were going to let me go, but insisted that I blow into a breathalyzer because my attacker accused me of being drunk. I had a bicycle and they were 'concerned for my safety'. I was sure that they just wanted to arrest me for public intoxication, so I tried to decline the test. I offered to walk home, but that wasn't good enough for them. The scene quickly escalated to "Hey, I'll take the breathalyzer test if it stops you from throwing me to the ground and cuffing me."
I took the test. I passed. I was sober. From then on I was free to go, although I walked my bike away until the police were gone. My attacker was allowed to stay and was treated like a hero by these cops. I asked them about charging him with destroying my property (video camera), but, in an effort to diffuse the situation and be rid of me, they discouraged pursuing it.
I'm upset that I'm going to have to buy another video camera, even if just to stay with the miniDV format. I wish that the fool could be made to pay for it, but I'm not hopeful in that regard.
At this point I've already accepted my loss (the camera), but I'm still upset with how the situation went down and how I was treated by the police. They questioned my 'artistic integrity'. They made subjective comments about my 'reason for videotaping' the subjects that I choose, regardless of their innocent-ness or public display.
Is there any way to recover the cost of my destroyed property from this individual?
Any advice for when one is detained by the police due to the complaint of another individual, especially in a situation that is innocent enough?
How to handle being detained by a citizen?
Thanks,
Alex
Thanks for reading this post.
Today I was involved in a scuffle. It was rather vigorous, but I declined to file assault charges, since I was uninjured.
The reason for the altercation: I was videotaping a public nuisance, a violation of the municipal code. I followed a nuisance noise about 20 feet onto what is apparently a private drive with several houses along the drive.
A few minutes into my video recording I was assaulted by someone living nearby on the street, but who did not live on the private drive, although his back yard bordered on this private drive and that's where he observed me from. I insisted on my rights, but this individual was agressive and intimidating. I was threatened, assaulted, and subject to battery.
The attacker grabbed my video camera and threw it to the ground, breaking it. He then grabbed my bicycle and prevented me from leaving, all the while insulting me and demanding my identity and the reason for my presence in his 'neighborhood'. His neighbor called the police for him, all the while eye-witnessing the assaults against me. I responded to his demands for my identification with, "who do you think you are, the KGB, the Gestapo, I have no reason to identify myself to you!"
The police arrived soon. There were a few patrol cars and several macho officers. I explained my situation, protesting that I was innocent and a victim of several crimes, including violation of my constitutional rights. I'm not a fighter, and it's obvious, because I would have probably destroyed the guy.
The police diffused the situation and I declined to press assault charges because I was afraid of being arrested for whatever reason. They were going to let me go, but insisted that I blow into a breathalyzer because my attacker accused me of being drunk. I had a bicycle and they were 'concerned for my safety'. I was sure that they just wanted to arrest me for public intoxication, so I tried to decline the test. I offered to walk home, but that wasn't good enough for them. The scene quickly escalated to "Hey, I'll take the breathalyzer test if it stops you from throwing me to the ground and cuffing me."
I took the test. I passed. I was sober. From then on I was free to go, although I walked my bike away until the police were gone. My attacker was allowed to stay and was treated like a hero by these cops. I asked them about charging him with destroying my property (video camera), but, in an effort to diffuse the situation and be rid of me, they discouraged pursuing it.
I'm upset that I'm going to have to buy another video camera, even if just to stay with the miniDV format. I wish that the fool could be made to pay for it, but I'm not hopeful in that regard.
At this point I've already accepted my loss (the camera), but I'm still upset with how the situation went down and how I was treated by the police. They questioned my 'artistic integrity'. They made subjective comments about my 'reason for videotaping' the subjects that I choose, regardless of their innocent-ness or public display.
Is there any way to recover the cost of my destroyed property from this individual?
Any advice for when one is detained by the police due to the complaint of another individual, especially in a situation that is innocent enough?
How to handle being detained by a citizen?
Thanks,
Alex
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