Just because you do not like what i do or say - it is not an assault on a police officer

Rollins and Chan Law Firm

BLACK LIVES MATTER – 2020

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ANGRY AND IGNORING POLICE OFFICERS IS NOT AN ASSAULT ON A POLICE OFFICER

it is not assault on police officer to be angryKicking a police car, approaching police officer’s angrily and ignoring police officer’s repeated orders to “back up” was insufficient to prove that the police officers were assaulted.   The DC Court of Appeals in  Powell v. United States, No. 19-CM-48 (D.C. Oct. 1, 2020) held that a policer officer was not assaulted when an individual refused to “back up” and was angry at the police officers.   

What happened in this case?

In this case,  a police officer testified that the Defendant “advanc[ed] toward” the officers “in an aggressive manner [with] her hands . . . fists up.”  The police also stated she made a “motion . . .touching her ankles[,]”   The police officer said she found the Defendant’s movement concerning because she thought the Defendant may try and pull a weapon from her sock.    Finally, the officer said that she felt threatened because Defendant was walking “fast,”  and said “[Y]eah, what’s up? What you going to do?”  Defendant approached the police officer in an aggressive posture, getting to within arm’s reach of the officers.     The police officer told her to back off and hit the Defendant with her ASP baton.   The Court of Appeals held that while her conduct may be menacing it did not create a reasonable fear of imminent injury to the police officer.