June 19, 2013, 10:15 PM | #26 | ||
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Additionally, under Arkansas law, the court or the jury may take the defendant's refusal to submit to chemical testing as evidence of guilt.
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June 20, 2013, 01:52 AM | #27 |
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Well, too many people watch court television shows i can see... The police used their discretion and acted accordingly and within the laws. And obviously not taking the O.P. straight to the hospital had no ill effects. Theres not a lot they do for you for a concussion other than charge you to tell you, you have a concussion. Also think about how many times a year a LEO hears "i hit my head officer, honestly" when they show up at an accident and end up giving a DWI...
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June 20, 2013, 02:33 AM | #28 |
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Is Arrest Necessary
Is SCOTUS about to decide something on when rights must be given; whether a full arrest or significant interference with freedom suffices?
Last edited by Dreaming100Straight; June 20, 2013 at 04:01 AM. |
June 20, 2013, 06:55 AM | #29 | |
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June 20, 2013, 08:08 AM | #30 |
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When the officer took me in, I blew a 0.0 as I stated earlier. The cop was pretty mad, he kept saying the machine was broke. I failed the field test horribly like I knew I would. He kept saying something about an officer coming in doing a more specialized sobriety test. In the end he gave me a ticket for reckless driving and a lecture about how he just knew I wasn't telling the truth. Another thing that upset me, he had his gf/wife with him the whole time. Our wonder police system.
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June 20, 2013, 08:19 AM | #31 | ||
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June 20, 2013, 08:39 AM | #32 |
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1hogfan83
I don't Monday morning quarterback my brothers in blue because I don't know the totality of the incident but our departmental procedure calls for us to render medical assistance before we arrest. If you were treated badly and if what you posted is true than I feel that you were. You can file an internal investigation. I’m sorry that you treated badly but you have to understand that we as Law enforcement officer have by our natures and experience a distrusting nature, it comes with the job. We tend to forget we serve the people not the other way around. I see this a lot with younger Deputies in my department. I try to mentor them but most have no time to listen to an old salt like myself they are busy saving the world. Anyway not all of us are like the one you dealt with.
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June 20, 2013, 08:53 AM | #33 |
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He was in blues and had a police cruiser. The other cop with him was very nice, unfortunately he didn't get there before "my friend." I've met several very nice police officers, I would judge each one individually. And as for being arrested, if im in cuffs in his cruiser, going down the road, im arrested.
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June 20, 2013, 09:03 AM | #34 |
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No you are detained pending investigation which could lead to your arrest. You are not considered to be under arrest until we tell you are under arrest. It goes something like this sir at this time I am charging you with (Insert charge here).I will then read you your Miranda rights per our policy. As noted earlier Miranda’s do not have to be read right away but it is our policy. not trying to pick a fight with but unless he stated you are under arrest and told what you being charged with you were not under arrest.
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June 20, 2013, 09:19 AM | #35 | |
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June 20, 2013, 10:00 AM | #36 |
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Oh well, I got one on him! He sniffed all the bottles in my my truck, including a spit bottle that was about a month old. It had been opened in quite some time either. Lol. I have a bad habbit of not throwing my bottles away, that'll show him!
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June 21, 2013, 10:07 PM | #37 |
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Did YOU go to the hospital for your head after you were released?
Sgt Lumpy |
June 21, 2013, 10:33 PM | #38 |
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Was he arrested? Yes.
In Arkansas at least, a citation (criminal, traffic or civil) is (at least was) an arrest on (usually) signature bond. ie a ticket for speeding means you're being arrested but you're not taken into custody, you're being released on your signature, a promise to appear before the magistrate at a later date. There is nothing (again was? nothing I doubt it's changed) to preclude an officer from taking you into physical custody for speeding or any other offense. Obviously that wouldn't be practical or politically popular. So typically you're only taken into custody for more "serious" offenses. The line at which "serious" takes over from "less serious" varies between departments, typically based on the political climate. Example, in some JDs, small amounts of marijuana might result in a citation. In others, physical arrest. Arkansas, for example, went back and forth in the 90s about driving on suspended licenses. At one point it was "cite and call a licensed driver". Then switched to "physical arrest and impound the car, even if there's a licensed driver available". It went back and forth depending on the arguments about "making the voters happy/angry" and "not having enough space in the county graybar". In this scenario described, it certainly would have been prudent for the officer to have the subject evaluated by paramedics. The girlfriend ride-along is a non-issue. The description of the officer being "mad" that the subject didn't turn up DWI is a clear sign of young officer "gung-ho-itis". Once you do a few hundred DWIs you become less emotional about the thing. I personally never found anything useful or positive or gratifying about giving someone a lecture, particularly a lecture about "lying to me". Young cops have to learn that most people they contact ARE lying to them. It's part of the job. They probably also have to learn that they're not your father. A lecture from an officer, who's job it is to arrest you, is not positive reinforcement. I can't imagine it doing much of anything except turning the person against that and every other LEO. OP, glad you got away with just a cite. Hope you're ok. Really glad you didn't injure or kill someone. Sorry if the officer was a little too wet behind the Sam Brown. Sgt Lumpy |
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