Resisting arrest charge

[seniorjudge]

I read it but this segment caught my eye,

...We held that Berry, who was seated in a vehicle parked on a highway right-of-way approximately ten to twenty-five feet from the paved surface of the road, was in a "public place." In so holding, we referred to the Webster's Dictionary definition of "public" as "a place accessible or visible to all members of the community." ...

That is EXACTLY my point. It is the PLACE where the vehicle is, NOT the fact that it is a vehicle. Thank you for making my point for me.

But I have a feeling I am chatting with police officers on this one, which of course would approach this from a prosecuting stand point and not a defensive standpoint.

Carl is a cop and I am a judge (former prosecutor also). Both of us are quite honest in assessing cases; we have no axe to grind.

And you have no defense!

 

[brent0025]

Yes, but they had to refer to the webster's dictionary to define public place and the arguement was that it must be accessible not just visible. Really just depends on how you look at it. Definetly should be interesting how this plays out. I respect both of your opinions.

 

[seniorjudge]

Yes, but they had to refer to the webster's dictionary to define public place and the arguement was that it must be accessible not just visible. Really just depends on how you look at it. Definetly should be interesting how this plays out. I respect both of your opinions.

accessible not just visible

Again, you are misquoting. Go back and read it again: "...In so holding, we referred to the Webster's Dictionary definition of 'public' as 'a place accessible or visible to all members of the community.'"

Big difference....

 

[brent0025]

Yes I understand what your are saying, but my only arguement would be to reword the part that is 'visible' to the public like this. I agree my vehicle is viewable by all in parking lot, and we both can agree on that its not accessible by the public.So you are saying it is one OR the other and it doesnt have to be both, which is both accessible and viewable. I can view my neighbors backyard which has a swimming pool, yes it is visible but that doesnt give me the right to walk over there and go swimming just because it is visible. Kinda of a silly way to try and interpret this but its the only thing i could think of at the moment.

 

[CdwJava]

Well thanks for the advice.... But I have a feeling I am chatting with police officers on this one, which of course would approach this from a prosecuting stand point and not a defensive standpoint. Should be interesting of how it plays out.... I should of been an attorney.

I'm a cop - but Seniorjudge is an attorney.

And if you think we're full of hooey, speak to a local attorney and find out what they have to say. I suspect that the status of what defines a public place is as well-settled in TX law as it is everywhere else, and that your car in a public parking lot does not offer you special protection.

- Carl