The key is reasonable use of force. What is reasonable will be dependent on the “totality of the circumstances” as the Supreme Court has been known to say.
I would pull out my phone, call 911, and then press charges. I would then bring as much weight of the legal system, criminal and civil, on them as I possibly could. That said, if they apologized I would probably just drop the matter or request some minor type of restitution. Now the criminal justice system might, particularly if they actually were found to be infected with Covid-19, not be so forgiving. Not should it.
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and there are always civil damages.
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They are letting felons out, and you expect an arrest for spitting? Also, cops may not even come, or come late enough for air to be surely clear of any viral particles, along with the spitter.
You can tell I don’t have high expectations of police.
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Yes I can see that. The police are having no problem finding resources to harass people who are failing to follow social distancing requirements. Now that may not always be the case, but they will sure show up if one responded to the assault with escalation of your own. And it will be you they are arresting, not the person who spit on you.
Basically, unless the person continues and escalates the assault against you leaving you no choice but to respond with force (deadly or otherwise) to end the assault, the only way you come out of this without you ending up on the wrong side of the law is to seek redress through the legal system.
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I believe you’ll need $3000 to retain an attorney for civil lawsuit, and then the judge may even not want to hear it. So… anything you do is a loss, short of you actually becoming sick from spitting and suffering grave damage to your health, then you can hold them liable. Maybe.
Should it be this way? Of course not. Start by asking questions, like I paid my taxes -what law enforcement did I get for it? Does my Sheriff endanger me by releasing felons, or by refusing to arrest for property crimes? Is my police responding to 911 calls, or are they hanging citizens to dry and fend for themselves? Should I vote differently, should I move… These are more important things to worry about, spitters are a lesser concern.
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No doubt the entire police force shows up if I shoot the coughing menace.
If he’s simply breaking into my home, that’s just forcible felony, no need to send law enforcement. Your so right on those questions. Furthermore we are on our own hopefully you’re in a “castle doctrine state”. I am, no retreat, no surrender.
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I am, but this is not enough. I did pay taxes, and I want public spaces safe for this money. No needles on kids’ playgrounds, no bums washing in the fountains, no gang initiations on busy intersections. If this is too much for officers and deputies currently on payroll –give folks a tax refund, and we will hire people that can do this job.
This is one of the fortunate outcomes from this pandemic -in some places, “law enforcement” is revealed as fraud and travesty. It was starting to be clear after Antifa protests, but that was much more localized than now.
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I’m sorry you feel that way. I know a lot of law enforcement officers, firefighters and emergency medical personnel. Every one I know do the best they can with the resources they have and within the directives given them by their chain of command. Try walking a mile in their shoes before you pass judgment on any of them.
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I have always been pro-police and for law enforcement. Not for the sake of the officers and deputies themselves, but for the sake of community where they live and work. If they serve the community, I will praise them, if they dont -I will ask for their replacement, and it doesnt matter to me what is wrong with the chains of command. I understand police hunkering down when a storm makes landfall. Seen it, street rats immediately started busting store windows. I dont understand when police reduces response due to pandemic, before any serious problems even begin. I dont understand police arresting a mother on the playground. I dont accept cops marching being drenched in water by agitators, clear assault with no response. This is not serving their community, and they got to use their own heads, no matter chain of commands.
In my county, knock on wood, no nonsence like this happened.
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I remember a story about how an off duty LEO in CO got killed for for ego/ dignity. There was a disagreement between him and a guy about their place in line at a drug store. The cop never identified himself as an officer when he started using force on the other man involved in the incident and got himself killed. The other guy didnt spend time in jail, but his life is screwed up too, that case drug on forever. The cop got himself shot for a place in line, and the shooter shot somebody for a place in line. It is below my dignity not to walk away from a situation like that.
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I’ve watched this thread for awhile. My answer would have been different at different times of my life.
Pre 25 I would have got medieval on them.
Pre 40 Walk away. I had to much to lose.
Post Covid 19 Call the Police. I have to many things beyond my control, that could result in this being harmful to my health.
I look at this like spitting was during the height of the aids epidemic.
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The only “defense” from coughing and spitting is distance. Unless someone is following you and continuing to spit on you, I think your options are limited. Go wash yourself. Once you’ve been spit on, it’s done. There’s very little you can do after that which would be considered justifiable.
Remember, self-defense doesn’t extend past the point where a threat is neutralized. If someone threatens your life and you shoot him in the back when he walks away, you’re likely going to jail for homicide. I’m being dramatic for a purpose. You might be justified in using physical force to get someone to stop spitting on you, but you’re going to face murder charges if you shoot someone in retaliation for spit.
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Honestly, is whole coronavirus isn’t nearly as deadly as people say. If you look at the facts and listen to the Highwire you realize that the death rate is a .02-.05% death rate. So really being spat on or coughed on isn’t any different than it was previously. Really and truly this is all a hoax and there is no “bioweapon” as aforementioned.
So really people are freaking out over nothing. I wouldn’t consider defending myself against such things in any way (except boost my immune system) unless they attempted to physically threaten me. Then I’d start to think about defending myself.
And I wouldn’t bother dealing with the situation to begin with either.
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My use of the term “bio-weapon” was not based on what did/didn’t come from China. Rather, an infected person (knowing they’re infected) purposely trying to infect another individual in an assaulting manner.
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Sissy slap upside the head.
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So does this precedent change things?
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I don’t think so. Once someone has spit on you, the deed is done. No show of force will remove it. The only valid action you can take in self defense is washing. Force would be considered revenge, not defense. Your cell phone is your best weapon of retaliation. Take a photo of the perp, maybe record some witnesses, and then call police. Follow up with your doctor, afterwards.
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I had a bully spit on me when I was 14 yrs old, I immediately pointed up to the sky and said WOW!!
While he was looking I kicked him square in the balls and he went down, he never messed with me again, and I was a lot smaller than him.
As an adult I think I would probably do the same.
Remember life is to precious to spend years behind bars for some loooser with a big mouth…
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Is that formal legal terminology? @MikeBKY lol
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