Life is like a balloon...let go to rise up.

This video triggered discussion in our office about probable cause and proof of a crime. If the balloons are never recovered, what could be charged?  What could be proven "beyond a reasonable doubt?"  The cops firing of his weapon into the air was certainly unreasonable in this circumstance. In any event, this is a clever fellow. I'd call him a perp, or a suspect, but what the heck was attached to the balloon?