I have no idea what to make of this

Mo's picture

Dude arrested for a DUI farts on police officer.

Dude gets charged for battery.

Seems a bit excessive, but what else do you charge a dude for doing that? If we keep it legal, does that mean officers have to deal with being farted on in the line of doody. (hee hee)

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tymac's picture

Re: I have no idea what to make of this

"Drunk & disorderly" might cover it.

dead_elvis's picture

Re: I have no idea what to make of this

Ugh, that's bullshit. It is possible for gas dispersion to rise to the level of "battery," think pepper spray or tear gas or something, but farting doesn't cause any physical harm, at least under normal circumstances. Unless the fart caused the officer to double over and puke his guts out, there's no way that's an offense.

What if he had bad B.O. and raised his arm while near the officer?

It's official, it's a crime to annoy a police officer.

obligatory:

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Till nothing is left, Till nothing is right"

smacky's picture

Re: I have no idea what to make of this

Police officer to Police Chief: Make him stop staring at me! That's it, I'm getting the taser.

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A revolution without dancing is a revolution not worth having. - V

UNDERPANTS HAWK
DOES NOT DESIRE YOUR TOUCH

I long for the day that a chimp will ghost-ride someone's boomcar into a lake. - tymac

J sub D's picture

Re: I have no idea what to make of this

So those times I've been sitting on the bus when some inconsiderate (gastrically distressed?) person lets one loose, I've been a victim of battery?

Merriam-Webster OnLine wrote:

Main Entry: bat·tery
Pronunciation: \ˈba-t(ə-)rē\
Function: noun
Inflected Form(s): plural bat·ter·ies
Etymology: Anglo-French baterie, from batre to beat, from Latin battuere
Date: 1531
1 a: the act of battering or beating b: an offensive touching or use of force on a person without the person's consent

I guess not. But wait

Some legal beagle at Lawyers.com wrote:

Battery

Definition - Noun
[Old French batterie beating, from battre to beat, from Latin battuere]
: the crime or tort of intentionally or recklessly causing offensive physical contact or bodily harm (as by striking or by administering a poison or drug) that is not consented to by the victim
compare assault
Pronunciation'ba-t&-rE, -trE


So maybe I have.
IANAL, but I believe this is how precedents are made.

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dead_elvis's picture

Re: I have no idea what to make of this

Quote:
causing offensive physical contact or bodily harm

Well, there's no physical contact, or bodily harm, so no battery.

__________________

"They civilize left, They civilize right
Till nothing is left, Till nothing is right"

thoreau's picture

Re: I have no idea what to make of this

On the bright side, if cops are eager to tack on as many charges as possible, waiting to arrest somebody when he's leaving a Mexican restaurant may replace the no-knock raid as the preferred tactic.

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smacky's picture

Re: I have no idea what to make of this

So is sitting in a room by yourself and pooting considered self-flagellation? Or would it be self-flatulation?

Thank you, I will be here all week.

__________________

A revolution without dancing is a revolution not worth having. - V

UNDERPANTS HAWK
DOES NOT DESIRE YOUR TOUCH

I long for the day that a chimp will ghost-ride someone's boomcar into a lake. - tymac

Re: I have no idea what to make of this

I'm concerned I may fall under some minor form of domestic crime here.

Stevo Darkly's picture

Re: I have no idea what to make of this

From one of the commenters at the link:

Quote:
Posted by: G on Sep 24, 2008 at 12:37 PM
Where do I file charges? I should be able to file about 375,392 counts of assault against my husband.

And now I recreate the scene:

DUDE: What?! You're going to charge me with BATTERY?

COP: You're darn tootin'!

Be sure to put those lines in the movie version.

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dead_elvis's picture

Re: I have no idea what to make of this

I witnessed a spousal argument once, in which one person was arguing that, if they are in bed and one partner has to fart, they should be obligated to get up and go to another room to let it out. The argument actually got pretty bitter.

I was told later this was their first serious fight. They later divorced.

__________________

"They civilize left, They civilize right
Till nothing is left, Till nothing is right"