|
I believe I described affray correctly.
However, the word does not appear in the 6th Circuit opinion. There was probably no need because Embody was not charged with a crime. I think it would be difficult for a state to expressly grant a right for someone to do something and then charge them with a crime because the doing of it scared someone - even if the fear was reasonable.
However, the issue was whether the police officer violated Embody's 4th Amendment rights by conducting an unreasonable search and seizure and his 2nd Amendment rights by interfering with his armed walk in the park. The answer was no.
|