Questions answered here

deputydawg

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There have been a few threads about traffic tickets recently. I see there are a few other officers on here too. After reading some of the good questions and comments about law enforcment and laws, I am opening this thread for that. Any questions anyone has about law enforcement can be posted. I and maybe a few others will try to post answers.
 

ob

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Aug 16, 2002
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Re: Questions answered here

Here's one for you DD.<br />The scenario is a friend was arrested for DWI after being givin a sobriety and breath test.The friend admitted to the officer that he had been drinking after being asked.He was released the following morning on bail and given a copy of the original ticket to await a trial date.His license had been taken away and he was givin a temporary permit,pending trial outcome.Although the friend informed me that he performed the breath and sobriety tests at the scene and had his vehicle searched, ,the ticket (by box checks and comments)indicated that individual refused to submit to test and that the vehicle was not searched.Also this ticket format has a box for the accused to sign where they refused the breath test and another box to sign in acknowledgement of the ticket.Neither were signed.I don't know if the trooper had an in-car camera running during the arrest but if the results of the breath test would be their primary tool of conviction and the ticket states that individual refused to submit,I see a somewhat major descrepancy.Maybe I'm wrong.<br /><br />Here's my question:<br /><br />Is this likely a technical mis-trial situation that could be addressed out of the courtroom by an attorney and the D.A. or would it have to be argued in court?
 

deputydawg

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Re: Questions answered here

Bribes, no. Been offered twice but never took them. Not enough money :D . Actually my luck it would be a setup.<br />Been shot at, been ambushed by a turd with a knife once, but been lucky and never had to pull the trigger in this job.
 

12Footer

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Mar 25, 2001
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Re: Questions answered here

Do they investigate the standard B&E? How about auto theft? Does Law enforcement spend any real footwork on these? Or ,other than checking to see if they fit an odd M/O, do they just make the reports,file them, and trust luck?<br />Sorry for so many questions relating to petty crimes, but in this county, the S/O manpower is stretched to the poiny where it sometimes takes an 8 hour shift before they can even show up. This is understanding that calls are responed to in order of threat to public and estimated monetary damages (according to the deputies I've asked about it at the time).
 

pjc

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Re: Questions answered here

what cartridge does your service weapon use? do you prefer this cartridge? why?
 

Kenneth Brown

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Feb 3, 2003
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Re: Questions answered here

ob- A few things about the ticket. The part where he is supposed to sign being left blank is correct. In Texas when someone is placed in jail and a ticket is written the ticket is held. The ticket should read "instanter" where he would have signed. Signing a ticket is not a plea of guilt or innocence it is simply saying that they will appear in court. Its like being arrested and released on your own recognince. <br />Due to the racial profiling laws most all agencies now have in car cameras. The prosocution will more than likely use them in court to show the guy could not stand straight, walk correct, etc. His attorney can ask for a copy of the tape in discovery. <br />His vehicle might not have been searched. They may have "inventoried" his possesions before a wrecker took it away. This tactic is used by some agencies so they can say they did not search a car. I don't really understand why they would do this though. Once arrested they have a legal and lawful right to search his car, without his permission.<br />If the courts in his county are real busy a DA might agree to something out of court. DWI now has such severe penalties that most DA's are offering pleas that really don't do much for the defendant.
 

dick

Chief Petty Officer
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Oct 4, 2001
Messages
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Re: Questions answered here

Ever turned on the lights and siren to make a coffee break with the boys ?
 

Kenneth Brown

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Re: Questions answered here

No bribes accepted by me. I was offered one once. A young woman who was on her way to the looney bin was willing to do "whatever it takes" just to stop and have one more smoke. We always call our time when transporting females. This way there is a record of the time it took to make the trip. This should corrospond with the distance, within a minute or two. And no, even if I could have, I didn't accept.<br /><br />Never shot anyone, never been shot at. Have had a knife pulled on me. My pistol persauded him that that wouldn't be a good idea.<br /><br />My service weapon is a Beretta 92FS. Its a 9mm. I choose this gun, bought it myself. I did carry a S&W 5906 in 9mm at the SO (they buy the guns). When I went to the PD I bought a S&W 596 in 9mm because the mags would interchange with the SO. Most officers in my area carry a 9. I like the caliber and also should the need arise their bullets will fit my gun. I carry 2 15 rounders, a 17 round, and a 14. I don't think I am ever gonna run out but just in case.<br /><br />No lights and sirens to make a coffee break. I don't drink coffee. I ain't saying anything about a cold coke though :)
 

ob

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Aug 16, 2002
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Re: Questions answered here

KB,And the enrty on the ticket that the citizen refused to submit to a breath test?Just an honest mistake or is it falsified?
 

fixin

Senior Chief Petty Officer
Joined
Apr 23, 2004
Messages
775
Re: Questions answered here

What's the difference between an SIS and a SES?<br />My cousin was convicted of assault in the second SIS.To my understanding the SIS(suspended imposition of sentence)means that the record will be wiped clean of the charge,on completion of his probation.Is this correct?
 

deputydawg

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Re: Questions answered here

Here anyone arrested is issued a citation, but the signature line we write held to post bond. Signing the bond form when released is the same as the ticket.<br />Here we are required to use a field sobriety test at the scene. This is for porbable cause only. After arrest we are required to administer a blood or breath test. This one is also required by law to submit. He may have refused this test. Either way the state must have either a printed card fvrom the second alcohol test or lab reports from the blood test. If he was accused of refusal when he did submit, then he needs to get a lawyer and fight it. Some departments don't use their in car cameras unless the defense requests the tape. He needs to have his lawyer file discovery motions to get any and all evidence and reports. <br />Most states do have a drunk-per-say law. If they can prove he was under the influence even if he is below the legal limit then he can still be prosecuted. Sounds like he is getting the shaft from a dirty cop, or he is mistaken about what happened. What you are describing is wrong of the officer, and he is definately a butt monkey or worse.<br />Thanks 12footer, I was having a bad day last week. Got accused of improper activity while on duty, only problem is I was gone on vacation. Stupid rumors. Anyway the boss didn't believe a word of it but still made me mad.<br />The B&E question is a hard one. ALl situations are different. We are very limited on manpower too, and try to make all calls immediately. Some do have to wait though. They are dispatched by priority, not monetary value lost because the old womans cat in the tree is just as important to her as the man who had his home burglarized. They are dispatched as first come first served after public safety has been secured.<br />Burglaries and thefts are so hard because there is never any evidence left. Finger prints are good, but they are a television thing. In 10 years I have never made a case on prints. They are just too fragile of evidence. The hardest thing is finding a starting point. At the local lake we get a lot of theft calls from campers. There will be 15,000 people there on any summer weekend, all from out of the area. Finding where to start and who to point to is impossible unless we have a witness. Usually we know our locals M/O and start there. Most of the time we do reports for the victims insurance and file it as unsolved in the file that matches. If people have serial numbers (usually not) we take that information and enter the items NCIC in case they turn up later. Then behind the scenes I will hit up all of my informants since drugs and theft are always related. We work them a lot behind the scenes. Sadly for lack of physical evidence and lack of manpower most go unsolved. Even catching a turd with the goods, we probably won't get a conviction on the theft. <br />Last summer I caught a kid who stole a 4 wheeler. He bragged to friends, borrowed ramps to load it on the day of the theft. I recovered the ATV in a vacant building near his home, he had re-painted it. I got receipts from the local parts store where he purchased the same paint, caught him with spray cans lab matching the paint used, found his tire tracks at teh scene (each of the 4 tires different tread) found his footprints at the scene. Could not get a conviction because of a lack of physical evidence!<br />I carry a 40 cal baretta. I use hydroshock hollow points with what is supposed to be an armor peircing tip inside of the hallowpoint. I use this for maximum stopping power. I want to end the threat with one shot. I also have in my car a mini14, and a 12 guage. The guage uses 00buck and slugs. The buck is for close range, inside a house etc where I don't want to punch through a wall and hurt anyone else, slugs are for bustin barricades. Also have bean bag rounds for less than lethal.<br />The coffee break, tempted to but no. Liability is too high, and big brother is always watching!<br />Long reply but I enjoy answering questions.
 

deputydawg

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Re: Questions answered here

SIS and SES.... we don't have that in Nebraska. The judge will often suspend the sentence pending probation. This only pertains to jail time. If probation is completed satisfactorily then no jail time. But it will still stay on record as a conviction. <br />That is Nebraska anyway, and is only done because there has beena big push from the state to keep as many people out of jail as possible due to funds for jails. The government has advised the judges and prosecutors to limit the number of people jailed if possible.
 

kenimpzoom

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Re: Questions answered here

First I would like to thank all the police officers here. Yall do a tough job that I wouldnt want to do. It can be a thankless job sometimes.<br /><br />Do you work a standard shift, or is it rotating?<br /><br />Is a promotion dependant on the number of arrests you make?<br /><br />Have you ever arested anyone with their shirt on (all of them on COPS dont wear a shirt)?<br /><br />Have you ever had a suspect get away?<br /><br />Have you ever worked a sting operation?<br /><br />What is the stupidest excuse you have ever heard? I like the guy on COPS who claimed that the pants he was wearing were not his pants. :D <br /><br />What is your best cop story?<br /><br />Ken
 

kenimpzoom

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Re: Questions answered here

What would you do if you had had 5 beers in two hours, and were driving the five minutes home, and you were pulled over for a light out. You were not swerving or driving erratically. Officer says he smells beer on your breath.<br /><br />Would you take the breath test and gamble, or refuse and take the automatic suspension?<br /><br />Ken
 

deputydawg

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Re: Questions answered here

Shifts in my department rotate. We have night and day shifts, 12 hours 6 to 6. Here is my regular 3 week rotation. Monday Tuesday and Wednesday night shift. Off Thursday and Friday. On Saturday night, Sunday day, Sunday night, Monday day shift working courtroom security, off Tuesday and Wednesday, day shift thursday friday and saturday, off Sunday, nights monday through friday then off saturday and sunday. Then it starts over.<br />Any department I have been with, or know of base promotions on senority and job performance and has nothing to do with number of tickets or arrests. Doing this would in my opinion cause cops to become buttheads, writing tickets out of line etc.<br />LOL, most have shirts on. It is surprising though how many turds think it makes them tough when they take it off.<br />Yes, many have gotten away. Part of the game. Actually, most persuits they get away. I work a shift alone which puts me at a disadvantage. They are leading also putting me at a disadvantage. I won't chase too hard, if they crash and die I am responsible. Too much liability for me.<br />Many sting operations. One prostitution, a few theft and stolen property. A lot of drug buys. <br />Stupidest excuse that comes to mind right now, a drunk driver too drunk to stand literaly. Said the reason he was swerving on the road was he needed to replace the fuses in his car. Bad fuses made it hard to handle.<br />Best story, I will have to think and get back to you. I am going to write a book when I retire.<br /><br />If I was pulled over as you said, I would take the test. You will be charged if over .08, but have a lot better chance of beating the charge. One defense attorney here advises all his clients to refuse the test....but he has never won a case in his career. The alcohol test itself has so many loupholes. There is such a long list of maintenance requirements that must be met, most departments don't have these requirements done. It is very easy for them to prove a refusal. Did they ask you to take the test and did you take the test.
 

kenimpzoom

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Re: Questions answered here

I really hate seeing the prostitution stings on COPS. I mean these guys go from the top of the emotional ladder, all the way to the cellar in the matter of seconds. That has got to be rough.<br /><br />I have never been asked to take the breath test, but many times I have been in that situation. My brother was pulled over and took the "walk the line test" and passed. I honestly cant pass it when sober, I have a balance problem.<br /><br />Ken
 

Kenneth Brown

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Re: Questions answered here

OB- If the guy is telling the truth then I would say the ticket is falsified. Mistakes do happen but it doesn't seem that way. He needs to get a lawyer on this guy. <br /><br /><br />Fixin- I have no idea what SIS and SES is, sorry.<br /><br /><br />Kens questions- I work at rotating, in a way. I work when I am off from my real job. I am a reserve. I get absolutely no pay, work for free. I do it to keep my commision. That was the hardest thing I have ever done in my life, and I ain't gonna lose it. <br />While being active and aggresive about your job can be a good thing it can be a bad thing also. Most Cheifs are not gonna promote someone who does not have people skills. If your arrests are all good, and you don't **** off the entire city doing it then yes, promotiion is gonna come. If you are constantly arresting for disorderly conduct and refusing arrest type arrests when other officers aren't then it shows you can't do your job. In that case then a promotion is probably not gonna happen.<br />Yep, most of them have their shirt on. The before mentioned woman happened to not be wearing one when arrested though. I wish she would have, wasn't much to see.<br />I have lost a couple over the years. Twice guys have ran from me but I already knew who they were. Went to the DA and asked to get a warrent. About 3 in the morning I wake them up- Hi, remember me?!<br />Sting operations are a lot of fun if you can get in on the last parts. The footwork in the beginning is a killer. The last part where it all comes together and you arrest 35-40 people is great.<br />My stupidest excuse almost matches the pants story. I saw two kids at around 2 am in a parking lot. I drove up and started talking to them, just trying to get a feel of the situation. We have a curfew but I didn't want to mess with them for that. After about 30 seconds I see one of the kids drop something. I pick it up and its a mini bong with the dope still lit. He had put it in his back pocket and it started burning him so he dropped it. I asked him what was he thinking. He told me, and I ain't lying either, "Its not mine dude, its my sisters, I don't know how it ended up out here" Needless to say he went to the juvi that night.<br /><br /><br />5 beers in two hours? I would more than likely take the test. That would be close to the limit at my weight. Always take the test if you honestly don't think you are drunk. My advice is if you are completely trashed and you know it is no. Sit in your car and don't say anything. When the cop asks you to step out of the car ask if you have to. Whenever you get out don't say anything and try to stand still and straight. Refuse all tests and questioning. The officer will not be able to say your speech was slurred, you failed a test, or that you couldn't stand up. Simply allow him to take you to jail and awnser nothing, remain completely calm and quiet. Don't talk until you are in your cell and then you should still be quiet. Whenever you go to trial they have nothing other than maybe some erratic driving. With that old jalopy you are driving no one can keep it straight. Ball joints a worn out, left tire is bigger than right, total piece of junk. At least one person on the jury drives a car just like that, even if you don't. Its gonna be hard to get a conviction out of that.
 
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