Arrest mistake

[TweetyBird]

There is no detained! You're watching too many cops episodes. An officer cannot detain anyone without arresting them. A cop holding you against your will without arresting you is breaking the law. They sure as hell can't transport you without making an arrest. And even though for logistics reasons, arrests aren't made widely available till after booking, arrests before booking are PUBLIC RECORD.

[Martlet]

Personal attack

[Martlet]

Originally posted by Martlet
Personal attack

While waiting, I did a little looking myself.  It appears to be state by state.  I found plenty of states that allow detaining for cause, but I've yet to find one that doesn't.   I'll wait for you to give an example.

[TweetyBird]

In all states, detaining means you can hold them in the vicinity with just cause (i.e., cause to warrant an investigation). Removing them from the immediate vicinity requires arrest. In order to transport a person against their will, you must first arrest them. At anytime an individual can determine there is unjust cause for detention and simply walk away, forcing an arrest if the officers believe they have just cause for arrest. That's about any state.

There is no such thing as resisting detention

[Siaf__csf]

When I was maybe 7 or 8 we were walking along the town with my father.

My father saw two familiar troopers in a police cruiser and waved them to us. They gave us a ride but because of the limitation in space I had to sit between the guys in front and they put my father in the back.

I was pretty embarrassed when the dispatcher called in some crime close to them. They had to leave us in the center of the city with lights flashing and all. I still remember the looks on people when they let my father out from the back of the car and ran away lights flashing.

[snakemaw]

Well i guess you could walk away. If the officer has P/C to detain you i guess he could then arrest you for Evading arrest or detention

State of TEXAS
§ 38.04.  EVADING ARREST OR DETENTION.  (a)  A person
commits an offense if he intentionally flees from a person he knows
is a peace officer attempting lawfully to arrest or detain him.


Having said that and reading the incident above. I have been a police officer for 11 years and we all make mistakes. It is always best to dust them off ,say your sorry, and admit when your wrong.

Problem is that in the public service business, when you make a mistake people pay a hell of a price for it. So you do your best and hope like hell the guys uncle you just arrested understands that you screwed up and will try to learn from it.

When you start trying to cover things up you look like a crook. But everyone does it. Some get caught and some dont. Not just cops!!! Judges,banktellers,and burger flippers all try and cover their mistakes.   Its just human not to want to be found doing something wrong.

In the incident above a simple....hey we screwed up and we are sorry would have worked.  After the guy leaves you spend the next two years waiting for the law suit.

I will say that it is the policy of my department to release the name and charge of all inmates over the age of 16 to the public.

anyone arrested under that age......the parents must be contacted and their names are not released.

Tweety i hope that this incident does not jade you towards the police. There are alot of good police officers out there just trying to earn a living and do a job. But  i promise you everyone of them has made a mistake at one time or another. What you do with your mistakes makes you a good officer. NOT what you do when you succeed

[Gunslinger]

Originally posted by Nash
Holy **** they are so completely screwed!

Nash I see that emoticon but I want to make one thing very clear.  I take my job very seriously.

The other thing I take seriously is individual rights.  Notice I didn't say Civil rights.....even though that should encompas everyone....today in the states it only covers minorities.  I believe in our constitution and think the 4th amendment is just as important as the 2nd or the 1st.  

This situation is wrong and these guys dropped the ball.  If they were lying to a judge in doing their jobs they should be punished accordingly.

like tweaty said in so many words it pays to have connections....imagin if he didnt have them.

If his car had been towed guilty or innocent he'd still pay the fees

If he'd been fired from his job for not showing back up to work REGUARDLESS OF PAST HISTORY the city wouldnt do anything about it.

False arrest happens and its a serious thing but the cops need to own up to their mistake.

[moose]

martlet, on a civil thing such as speeding or tailgating or whatever, its 20 days.. for criminal charges such as DTE, its a week maybe at most from when you get the ticket till when they want you in court. it sucked.

[SOB]

Sounds like a crappy time for your nephew.  Some things don't make much sense to me here, though.  I find it hard to believe that he would have ever been booked, once they started doing the paperwork.  The warrant that came back to the incorrect drivers license number the officer gave would have a name on it, and unless this is the coincidence of all coincidences, that warrant and drivers license number probably have a different name than your nephew.

Also, when you called the jail, did you actually speak to one of the arresting officers, or to someone else?  Pretty sad if they just outright lied about having him in custody.

As for teasing, I don't know what you consider to be teasing.  I'm sure they've heard it all...particularly people trying to talk their way out of being arrested.  Sounds like when they realized what happened, they were obviously apologetic, and I doubt that would have been any different had the mistake been discovered without your intervention.

[Manedew]

Inflammatory

[Masherbrum]

Non-responsive/Off topic

[Jackal1]

Originally posted by TweetyBird
In all states, detaining means you can hold them in the vicinity with just cause (i.e., cause to warrant an investigation). Removing them from the immediate vicinity requires arrest. In order to transport a person against their will, you must first arrest them. At anytime an individual can determine there is unjust cause for detention and simply walk away, forcing an arrest if the officers believe they have just cause for arrest. That's about any state.

There is no such thing as resisting detention

That may be the way it is supposed to work and may be the actual written law or may not be. I can`t attest one way or the other.
What I CAN tell you it is definitely NOT the way it works in reailty in my fine county.
Before you walk away from any law enforcement around here you had better make sure you are in the mood for bologna sandwichs for your next meal because you will be on the way to the pokie faster than you can say "Very rarely is anything done by the booK".

[Kegger26]

Originally posted by TweetyBird
I dunno, denying he was in custody really got my goat. I mean if he's not in cutody, I wanna report a kidnapping. But I knew he was in custody and they were trying to cover their ass. I just wonder how far they would have gone to cover their ass.

 Speaking as a former LEO I can tell you these thing happens alot. Mostly it has to due with the dept it self. I am not sure what size dept were talking about. But the one I worked at was ok size. We could hold around 250 inmates. So if you called to check to see if someone is in custody most likely you got a dispatcher who took the name you gave and ran it though the processing unit. If he hasnt been processed yet then that is when things get mixed up.
 There is sort of an operational limbo someone goes into when they are first brought into custody. This can last anywhere from 15 mins to two hours depending on the size and current business the jail is seeing at that time. This is more than likely what happend.
 As for him not reading his DL number correctly that can happen too. Hell I have even have had it happen to me, and I was a cop at the time! I was told I was driving on a suspended licence that some how happend in that state before I even moved there and had the licence issued to me. This was due to a glitch in the NCIC system. Again you have humans entering all of your data into NCIC and sometimes things get messed up. It sucks but that is the way it is.
 As for the cops being asses, you have to put it into prospective. I dont know what you do for a living but I am sure there are things about your job that bug you. When I was a cop it was excuses. And trust me bad guys can be pretty colorful when thinking them up. So sometimes as an officer you become complacent. Again just a sad deal all around. But you can bet it wont happen again.

-Keg.

[Martlet]

Originally posted by TweetyBird
In all states, detaining means you can hold them in the vicinity with just cause (i.e., cause to warrant an investigation). Removing them from the immediate vicinity requires arrest. In order to transport a person against their will, you must first arrest them. At anytime an individual can determine there is unjust cause for detention and simply walk away, forcing an arrest if the officers believe they have just cause for arrest. That's about any state.

There is no such thing as resisting detention

Edit:  Never mind.  Information substantiating my postion has already been posted.

[RTStuka]

Off topic