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CCI;960666; said:he can chalk it up to a lesson learned and rebuild his football, this will soon pass.
Wow. The "hypothetical situation" and the bold part above are pretty disparate.osugrad21;960896; said:DDN
Henton's court date postponed
By Staff reports
Tuesday, October 16, 2007
COLUMBUS ? Ohio State backup quarterback Antonio Henton was granted a continuance on his court date for a misdemeanor charge of soliciting for prostitution Monday, postponing it until Nov. 12.
Henton, who was scheduled to appear in Franklin County Municipal Court today, was arrested Sept. 24 after offering an undercover female police officer $20 for sex. He pleaded not guilty. The redshirt freshman from Fort Valley, Ga., has been suspended by coach Jim Tressel until the case is resolved but has been allowed to practice with the team.
JCOSU86;961054; said:Wow. The "hypothetical situation" and the bold part above are pretty disparate.
Quite the contrary. It means everything. Understand we're talking about two things here. 1 - it seems you're talking about the pending criminal charges. In this respect, I have no problem with the notion that Henton is not guilty of the crime. That's why we don't have cops play the role of judge and jury. An arrest does not become unlawful simply because you cannot convict. 2 - what I'm talking about - a civil case filed by Henton against the cops for wrongful arrest. I don't know how to say it any more clearly than I have, but the elements of Solicitation were present, and thus any "wrongful arrest" civil suit should fail as against the cops. Furthermore, I don't assume all arrests are valid.... I just have some expirience dealing with the law that surrounds civil suits based on the theory of wrongful arrest. It is the rare case where a Plaintiff will succeed against the police. Especially where the essential elements of a crime - here, offer and acceptance of prostitution for a price certain - are present. Simply put, the cops enjoy immunity for charging Henton.MililaniBuckeye;960558; said:It means shit. Any cop can come up and arrest you for whatever they want and there ain't shit you can do about it unless you have some proof, so to assume all arrests are valid is naive at best. I'm pretty sure that if grad says there's some smoke, there's more than likely some fire...
Buckeyeskickbuttocks;961069; said:Quite the contrary. It means everything. Understand we're talking about two things here. 1 - it seems you're talking about the pending criminal charges. In this respect, I have no problem with the notion that Henton is not guilty of the crime. That's why we don't have cops play the role of judge and jury. An arrest does not become unlawful simply because you cannot convict. 2 - what I'm talking about - a civil case filed by Henton against the cops for wrongful arrest. I don't know how to say it any more clearly than I have, but the elements of Solicitation were present, and thus any "wrongful arrest" civil suit should fail as against the cops. Furthermore, I don't assume all arrests are valid.... I just have some expirience dealing with the law that surrounds civil suits based on the theory of wrongful arrest. It is the rare case where a Plaintiff will succeed against the police. Especially where the essential elements of a crime - here, offer and acceptance of prostitution for a price certain - are present. Simply put, the cops enjoy immunity for charging Henton.
BUT - once again - this DOES NOT mean that Henton is guilty of Solicitation. It means only that the elements for the commission of the crime were observed, and the arrest was valid.... or in other words, there was probable cause. Probable cause, does not mean guilt. Ironically, from the position you appear to be arguing, it seems you may be a bit niave to think that all arrests should resolve in convictions if we assume probable cause. I don't mean to get in to a pissing match with you, I'm just saying there are differing standards at play here.
Likewise, it bares noting, any cop cannot come up and arrest you for anything. As BuckinA noted, there needs to be probable cause of a crime. Like... say... evidence that the elements of a crime have been committed... If a Cop came up and out of the blue arrested me for solicitation simply because I was standing on a corner where Prostitutes were present, THEN I have a wrongful arrest case.. and why? No probable cause to arrest. I was standing there... no offer... no acceptance... no price certain. I'll still be arrested... it's not like I can disobey the arrest... but I won't be convicted, and I would win a civil suit against the cops. If the Hypo above is what we're dealing with, however, when Henton said "Yeah, Sure" even if joking or otherwise simply "dismissing" the situation (as it sound to me like he was) the elements of solicitation are there. It's really that simple.
Finally, with all due respect to 21, last I checked he wasn't running around Courthouses making legal arguments and such. I have no doubt that 21 knows what he's talking about factually. I likewise have no doubt that if Henton decides he wants to sue, he will easily find lawyers to bring such an action. What I'm saying is, that's an uphill battle. Can it be won? Of course. But, based on the limited facts and hypos here, the suit would be pretty weak. Is there more going on that we dont know about here on the public board? I'd bet on it. Regardless, it doesn't make any civil suit a dead bang winner.
Buckeyeskickbuttocks;961069; said:Finally, with all due respect to 21, last I checked he wasn't running around Courthouses making legal arguments and such. I have no doubt that 21 knows what he's talking about factually. I likewise have no doubt that if Henton decides he wants to sue, he will easily find lawyers to bring such an action. What I'm saying is, that's an uphill battle. Can it be won? Of course. But, based on the limited facts and hypos here, the suit would be pretty weak. Is there more going on that we dont know about here on the public board? I'd bet on it. Regardless, it doesn't make any civil suit a dead bang winner.
matcar;961145; said:Shame that this will drag out. Antonio loses 3/4 of a season because of it.
JT always used to say nothing good happens after 10:00. Now we may have to adjust this to 8:30.
Advice to live by.tsteele316;961201; said:i think the real message here is if some broad in a black spandex track suit tries to flag you down while you're in the right lane, just hit her with your car.