First Principles

So a guy farts on a police officer, and gets charged with battery.  Awesome.

When police were trying to get fingerprints, police say Cruz moved closer to the officer and passed gas on him. The investigating officer remarked in the criminal complaint that the odor was very strong.

Cruz is now charged with battery on a police officer, as well as DUI and obstruction.

This kind of thing is just stupid on the part of police officers.  Their safety depends in large part on the faith in the community that police officers are both reasonable and frankly, tough.  This is neither.  And since “Battery” requires at the very least an “offensive touching” at common law or “force or violence” in many jurisdictions (including Nevada), it makes every future arrest or judgment call this particular officer makes suspect.  And that goes double now that Matt Drudge made him famous.

Besides, if this were to stand, I’d be guilty of Domestic Violence at least once a week!

Let’s hope the most effective disciplinary action is taken against this officer – the unrelenting teasing of his buddies for being a wuss.

Magistrate Jack Pauley says an assistant prosecutor came to the office and requested that the charge be dropped.

The DUI charge against Cruz still stands.

Well, duh.