On Thursday, October 18, 2001, at 05:59 PM, measl@mfn.org wrote:
In 1983 I was questioned by a (New York) police officer, who interrupted my quite open and obvious dictation into a hand held microcassette recorder to do it. Since he saw the thing in my hand, and did not ask me to turn it off, I let it run during what was essentially a "Terry Stop".
When the Terry stop escalated, and I was ordered to follow the officer for more questioning, I asked him, while holding out the recorder for the answer, whether I was under arrest. Answer: no. Followed by "Am I free to go?". Answer no. "Sir, I believe these two conditions are mutually exclusive: either I am under arrest, or I am free to go. As I have things to do, I need to know which it is, so that I may either go do them, or call my attorney to join us".
My reward was a crushed microcassette recorder, a "missing" cassette (he claimed the recorder was both damaged and empty at the time he first encountered it), and an arrest (and conviction no less!).
On the way to central booking, he helped himself to my pocket change to pay for the coffee and doughnuts for him and his three buddies (they actually stopped en-route, leaving me cuffed in the car alone for about 20 minutes).
He earned killing. You would be justified in arranging his death, if this really happened. If this really happened and you have not yet taken him out with a good rifle, why not? (I realize you cannot say one way or the other whether you delivered justice to this (alleged) miscreant, but my point remains.) Personally, I doubt your story. Someone who does what you say was done to you has clearly earned killing. --Tim May