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To: Durus

Agree that council acted stupidly. Their egos were under attack, but that’s part of public service. Problem could have been resilved by recognizing all speakers for two minutes, then extending time as needed if the body so decides.

As far as sustaining a charge of kidnapping, that would not fly. False arrest possible, but generally, kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person’s consent, with the intent to use the abduction in connection with some other nefarious objective. Under the Model Penal Code (a set of exemplary criminal rules fashioned by the American Law Institute), kidnapping occurs when any person is unlawfully and non-consensually asported and held for certain purposes. These purposes include gaining a ransom or reward; facilitating the commission of a felony or a flight after the commission of a felony; terrorizing or inflicting bodily injury on the victim or a third person; and interfering with a governmental or political function.

Could not kidnapping because she was not being held for a
nefarious objective. False arrest as a civil matter is a possibility.


51 posted on 07/07/2011 7:48:45 AM PDT by MindBender26 (Forget AMEX. Remember your Glock 27: Never Leave Home Without It!)
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To: MindBender26
kidnapping occurs when a person, without lawful authority, physically asports (i.e., moves) another person without that other person’s consent, with the intent to use the abduction in connection with some other nefarious objective.

Hmmmm. That could be made to apply to a school bus.

52 posted on 07/07/2011 7:52:10 AM PDT by Cowman (How can the IRS seize property without a warrant if the 4th amendment still stands?)
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To: MindBender26

False arrest and Deprivation of civil Rights under color of law. Especially since the Mayor was sitting right there telling them to leave her alone.


57 posted on 07/07/2011 8:00:32 AM PDT by Dead Corpse (explosive bolts, ten thousand volts at a million miles an hour)
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To: MindBender26
I never said they acted stupidly...I said they acted illegally.

Legally, Kidnapping does not require the person be held for nefarious purposes just any purpose (like preventing them from speaking at a town meeting). False arrest is another obvious charge as is deprivation of rights under the color of law, and assault and battery.

70 posted on 07/07/2011 8:31:57 AM PDT by Durus (You can avoid reality, but you cannot avoid the consequences of avoiding reality. Ayn Rand)
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