PDA

View Full Version : What if?


JetDoc
09-13-2004, 09:13 AM
I had an interesting thought the other day. Since I retired, I don’t get a lot of these so I decided to pursue this one…

Does anyone out there know of a case where someone was convicted of assault using a laser pointer or similar device as a weapon? I know there was a surge of these things on the market a few years ago and lots of them ended up in the hands of idiots who abused them, but is there a verifiable legal precedent set where someone was arrested and convicted for assault with a laser device?

My line of reasoning goes something like this… If there is a legal precedent set somewhere in the country where someone has been charged and convicted with using a laser as a weapon, then doesn’t it follow that someone pointing a laser at me is a bad thing and should be stopped?

To pursue this thought a little bit further… If we agree that someone pointing a laser at me is a bad thing then isn’t a law enforcement officer standing (or sitting) on the side of the road pointing a laser at me also a bad thing?

I’m sure you legal geniuses out there can follow this to its logical conclusion…:brow

Spider
09-13-2004, 11:27 AM
Originally posted by JetDoc
If we agree that someone pointing a laser at me is a bad thing then isn’t a law enforcement officer standing (or sitting) on the side of the road pointing a laser at me also a bad thing?

I’m sure you legal geniuses out there can follow this to its logical conclusion…:brow

Yes, even without prior legal precedent, an LEO pointing a laser at you is a very bad thing, particularly if you're well over the posted speed limit!:dunno

Usedtopilot
09-13-2004, 01:57 PM
I'm not a lawyer, but did a quick (NOT exahustive) search on Westlaw. Here are a a few cases where there was a conviction on "laser pointing".

June 10, 2004 - Ohio. Felonious assault; officer was entering a known drug house, defendant said he was an armed "doorman" and was acting as security for the house, defendant saw officer dressed in uniform and pointed his gun with a laser pointer at officer's chest, refused to drop his gun, and was shot by officer.

May 4, 2004 - Maine. Defendant convicted of criminal use of a laser pointer. Defendant pointed laser pointer at law enforcement officer in a cruiser.

One of the more interesting ones: May 2003 - Female employee of ExxonMobile Oil Corp. brought suit against the company, alleging sexually hostile work environment under Title VII. She claimed a male co-worker inappropriately focused a laser pen on her body. Summary judgment granted for the company (they had promptly investigated the incident and fired the offending employee.

flash412
09-13-2004, 02:05 PM
Originally posted by Usedtopilot ... One of the more interesting ones: May 2003 - Female employee of ExxonMobile Oil Corp. brought suit against the company, alleging sexually hostile work environment under Title VII. She claimed a male co-worker inappropriately focused a laser pen on her body. Summary judgment granted for the company (they had promptly investigated the incident and fired the offending employee. Was the "offending employee" the one with the pointer or the one with the lawsuit?

jgr451
09-13-2004, 02:15 PM
Seems to me that the issue in question is whether the laser emits a visible (ie potentially harmful) beam;and what is the purpose of the pointing?
I do not believe possession of a laser pointer is an offence antwhere;don't teachers and lecturers use them?

Good thought though Jetdoc.

JetDoc
09-13-2004, 02:47 PM
Originally posted by jgr451
Seems to me that the issue in question is whether the laser emits a visible (ie potentially harmful) beam;and what is the purpose of the pointing?
I do not believe possession of a laser pointer is an offence antwhere;don't teachers and lecturers use them?



Ah, yes, but teachers and lecturers don't randomly point the devices at people operating motor vehicles on public highways.

And, how do we know that the beam emitted is not potentially harmful? After all... Look how long it has taken us to determine that smoking cigarettes can be harmful, and why are so many medical doctors now telling us to avoid exposure to direct sunlight unless we are protected from the sun's rays with a chemical sunblock and tinted glasses? Isn't it true that lasers contain some of the same light rays as do rays from the sun?

Do we have to wait until thousands of innocent motor vehicle operators go blind from exposure to these toxic rays before we ban their use by law enforcement officials? The time to act is now! Our national visual health and safety are at risk! :rofl

jgr451
09-13-2004, 03:00 PM
Yes....and then there is the radiation from hydro wires and cell phones..

I remember the first time someone pointed a hand held radar at me.The cop jumped up from behind a parked car and did the gunfighter crouch.All I saw was some nutbar apparently pointing a gun at ME!So I ducked and yanked the wheel hard right,narrowly avoiding a crash!!My heart was in my throat I can tell ya!!

And no,I didn't stop and give Officer Sniper a piece of my mind.

Usedtopilot
09-13-2004, 03:17 PM
Flash...
The guy who pointed the laser at a certain portion of the female employee's body was fired. Interestingly, this female employee had already brought suit against the company for sexually explicit graffiti in the women's restroom.... It would take all the court docket slots if women aggressively pursued that issue! Some things you just have to ignore in any workplace. I'm not saying she was wrong to file suit, but I do think too many women are overly sensitive about some of these things.

dancogan
09-13-2004, 07:27 PM
were the crazy ones?

"Do we have to wait until thousands of innocent motor vehicle operators go blind from exposure to these toxic rays before we ban their use by law enforcement officials? The time to act is now! Our national visual health and safety are at risk! "

Twasn't a lawyer that came up with this one (thank goodness)!

JetDoc
09-13-2004, 08:04 PM
Originally posted by dancogan
were the crazy ones? <snip> Twasn't a lawyer that came up with this one (thank goodness)!

No mater how easy you make it, some people still can't grasp the concept...

IRONY (i•ro•ny) n. pl. i•ro•nies

1.
a. The use of words to express something different from and often opposite to their literal meaning.
b. An expression or utterance marked by a deliberate contrast between apparent and intended meaning.
c. A literary style employing such contrasts for humorous or rhetorical effect. See Synonyms at wit1.

dancogan
09-14-2004, 06:27 AM
Originally posted by JetDoc
No mater how easy you make it, some people still can't grasp the concept...

IRONY (i•ro•ny) n. pl. i•ro•nies

1.
a. The use of words to express something different from and often opposite to their literal meaning.


Is that really what you thought? Well, at least you got to exercise your dictionary.

But, truth be told, outrageous ideas for lawsuits, and equally outrageous jury awards, can't be blamed entirely upon the legal profession. My only point. Not trying to imply you were serious.

kbasa
09-14-2004, 09:56 AM
I have irony poor blood

jgr451
09-14-2004, 10:19 AM
My wrinkled shirts needs irony.

DarrylRi
09-14-2004, 01:42 PM
It's the Punic Wars, revisited.

jgr451
09-14-2004, 02:38 PM
:) :) :) :)

Can't help it.Whenever it looks like Kbasa is about to get the last word,I just can't let him do it to himself.Don't know why.I just don't think it's good for him,to have the last word.

Have at ye,mateys!!:stick

kbasa
09-14-2004, 03:00 PM
That's what Jerry said. But I guess he had more pressing matters to deal with than this place.