What is the test for a charge of common assault against a police community support officer?
MultiRegion, United States of America
The following excerpt is from United States v. Mazzetti, CASE NO. 6:11-mj-00090-MJS-1 (E.D. Cal. 2012):
amount to more than a misdemeanor. The act had taken place out of his presence; it was not ongoing. Accordingly, the investigation of the activity "should tend to give primary weight to a suspect's interests in personal security, while considering the law enforcement's interest in the immediate detention of a suspect is not paramount." United States v. Grigg, 498 F.3d at 1080.
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